Clayton County, GA Public Conduct: Public Marijuana Use (2026)

Sec. 62-48 defines "marijuana" as all parts of the cannabis sativa l. plant, growing or not, per Georgia law, and defines "less than one ounce" as a quantity weighing less than 28 grams. Possessing that amount in unincorporated Clayton County is a violation of the ordinance, but the section makes clear it is a civil, non-criminal offense: a finding or plea of guilty or no contest under Sec. 62-48 is not a conviction of a drug crime. The chief magistrate court judge may set a cash bond of up to $150.00 under O.C.G.A. § 15-10-63.1, and no additional add-on fees may be imposed on top of the civil fine.

First-time offenders, and anyone under 21, may be required to complete a substance abuse education or recovery program in place of paying the fine, and officers are encouraged to hand out information on local recovery and education resources to anyone cited. Officers are authorized to destroy suspected marijuana weighing less than one ounce in the presence of the person who had it, without taking it into evidence, so long as there is no sign of criminal activity beyond simple possession; the destruction, its estimated quantity, and how it was carried out must be documented in the officer's report and captured on body-worn camera video.

The ordinance applies only to prosecutions brought under county ordinance. Marijuana possession remains illegal under Georgia law, and if a case is instead referred to state court, O.C.G.A. § 16-13-2 allows criminal penalties of up to 12 months' imprisonment, a fine of up to $1,000.00, or both, a far harsher outcome than the county's civil track.