2025 Georgia Codes – Page 193

offense
(a) Whenever any person who has not previously been convicted of any offense under Article 2 or Article 3
of this chapter or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or
stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a narcotic
drug, marijuana, or stimulant, depressant, or hallucinogenic drug, the court may without entering a judg-
ment of guilt and with the consent of such person defer further proceedings and place him on probation upon
such reasonable terms and conditions as the court may require, preferably terms which require the person to
undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed
three years, designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge
of the gains and benefits which can be achieved by being a good member of society. Upon violation of a
term or condition, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment
of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.
Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not
be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may occur
only once with respect to any person.
(b) Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which
possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a
period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12
months.
(c) Persons charged with an offense enumerated in subsection (a) of this Code section and persons charged
for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdic-
tion over such offenses, were related to the accused’s addiction to a controlled substance or alcohol who
are eligible for any court approved drug treatment program may, in the discretion of the court and with the
consent of the accused, be sentenced in accordance with subsection (a) of this Code section. The probated
sentence imposed may be for a period of up to five years. No discharge and dismissal without court adjudi-
cation of guilt shall be entered under this subsection until the accused has made full restitution to all victims
of the charged offenses. Discharge and dismissal under this Code section shall be without court adjudication
of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifi-
cations or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code
section may not be used to disqualify a person in any application for employment or appointment to office in
either the public or private sector.
(d)(1) As used in this subsection, the term:
(A) “Criminal history record information” shall have the same meaning as set forth in Code Section 35-3-
30.
(B) “Restrict” or “restriction” shall have the same meaning as set forth in Code Section 35-3-37.
(2)(A) At the time of sentencing, the defendant may seek to limit public access to his or her sentencing infor-
mation, and the court may, in its discretion, order that:
(i) The defendant’s records shall be restricted in accordance with Code Section 35-3-37;
(ii) The criminal file, docket books, criminal minutes, final record, all other records of the court, and the
defendant’s criminal history record information in the custody of the clerk of court, including within any
index, be sealed and unavailable to the public; and
(iii) The defendant’s criminal history record information of arrest, including any fingerprints or photo-
graphs taken in conjunction with such arrest, be restricted by law enforcement agencies, jails, or detention
centers.
(B) When considering the defendant’s request under this paragraph, the court shall weigh the public’s inter-
est in the defendant’s criminal history record information being publicly available and the harm to the
defendant’s privacy and issue written findings of fact thereupon.
(C) The court shall specify the date that such prohibited dissemination, sealing, and restrictions will take
effect.

Any person who shall abandon, in a public place, any dangerous drug, poison, or controlled substance as
defined by Article 2 or Article 3 of this chapter shall be guilty of a misdemeanor.