A possession charge that involves less than one ounce of marijuan/

If the search and seizure of the marijuana was illegal, the evidence must be suppressed, and the case must be dismissed. Also, marijuana is the one drug that is not sent to the GBI crime lab for verification testing, and many times local law enforcement either fail to test the substance, lose the evidence, or otherwise taint the testing. If no proof exists that the seized substance is actually marijuana, the case must be dismissed.

Pre-trial diversion is usually available for first-time offenders. Diversion sentences involve a number of conditions the individual must complete in a set period of time, such as community service, a psychological evaluation, and sometimes counseling. Once these things are completed as required, the charge is dismissed before a plea is entered and becomes expungeable from the individual's record.

Misdemeanor marijuana can also be resolved through a statutory conditional discharge plea. Conditional discharge requires the individual to enter a plea, be placed on probation and complete conditions similar to those required for pre-trial diversion. Once the conditions are completed, probation can be terminated and the plea is discharged (dismissed).

Having a criminal defense attorney who knows what your options are and how to negotiate for the best result is imperative in ensuring that a misdemeanor marijuana charge does not haunt your record for the rest of your life.