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Atlanta, GA Public Conduct: Public Marijuana Use (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Maximum fine
$75, no imprisonment
Threshold
one ounce or less
Citation
Atlanta Code § 106-182
Adopted
Ord. No. 2017-55, October 2, 2017
State law alternative
defendant may request transfer

Summary

Atlanta decriminalized small-amount marijuana possession in 2017: anyone caught with one ounce or less within city limits faces only a $75 fine, with no jail time under the municipal code.

It shall be unlawful for any person to possess one ounce or less of marijuana within the corporate limits of the city. Any person found guilty of violating this section shall be punished by a fine not exceeding $75.00, and shall not be punished by imprisonment for any term; provided that any defendant charged with possession of one ounce or less of marijuana shall be entitled on request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.

(Code 1977, § 17-8003; Ord. No. 2017-55(17-O-1152), § 1, 10-2-17)

Possession of marijuana, O.C.G.A. § 16-13-30.1.

View official code

Full Breakdown

Atlanta Code of Ordinances § 106-182 makes possession of one ounce or less of marijuana anywhere within the corporate limits of the city punishable only by a fine not to exceed $75, with no imprisonment. Georgia state law still classifies possession as a misdemeanor with jail exposure, but a defendant charged locally can request the case be transferred to state court instead, so the ordinance functions as a local decriminalization measure rather than a change to what is legal. Anything over one ounce, or any use tied to distribution, remains prosecuted under state drug law, O.C.G.A. § 16-13-30.1.

Violations & Fines

Violating § 106-182 draws a municipal fine up to $75 and no jail time; the defendant may request transfer to state court, where Georgia's misdemeanor possession law under O.C.G.A. § 16-13-30.1 applies instead.

Frequently Asked Questions

Can Atlanta police still arrest me for marijuana possession?
Under § 106-182 possession of one ounce or less within city limits is punished only by a $75 fine, not jail, but you can still be charged under state law instead.
Does this ordinance legalize public marijuana use in Atlanta?
No. It only caps the penalty for possessing one ounce or less at a $75 fine with no jail time; using or possessing marijuana in the city remains a citable offense.

Sources & Official References

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