Dunwoody, GA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- City Code § 24-10
- Threshold
- One ounce or less of marijuana
- Location
- No exemption; applies anywhere in city
- Transfer right
- May request State Court of DeKalb County
- Penalty basis
- § 24-11 general penalty via § 1-6
Summary
City Code § 24-10 makes it unlawful to possess or control one ounce or less of marijuana anywhere in Dunwoody, including on streets, in parks or other public places. Anyone cited can request transfer to the State Court of DeKalb County, where the case is prosecuted as a state-law misdemeanor.
(a)It shall be unlawful for any person to possess or have under his control within the city one ounce or less of marijuana.(b)For purposes of this section, the term "marijuana" means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, and shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination.(c)Any person charged with a violation of this section shall be entitled, upon request, to have the case against him transferred to the State Court of DeKalb County, to be prosecuted and tried as a misdemeanor in that court.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 49).
Full Breakdown
Dunwoody's marijuana offense, City Code § 24-10, is a possession law, not a use-specific statute, but because it applies to a person who 'possesses or have under his control within the city' up to an ounce of marijuana with no location qualifier, it reaches someone carrying or using marijuana on a public street or in a city park just as much as at home. Section 24-10(b) defines 'marijuana' expansively: all parts of the cannabis plant, its seeds and resin, and any compound or preparation made from them, while carving out mature stalks, fiber, sterilized seed, and oil or cake made from the plant.
The ordinance gives every person charged a statutory right, on request, to have the case moved out of Dunwoody Municipal Court and into the State Court of DeKalb County, where it is prosecuted and tried as a state-law misdemeanor rather than a city citation, per § 24-10(c). That transfer right matters because it changes both the court and the penalty structure a defendant faces. Absent a transfer, a conviction in municipal court is punished under § 24-11's general-penalty cross-reference to § 1-6, capping the fine or sentence at whatever maximum state law or the city Charter allows.
The ordinance traces to the article's original 2008 codification, adopted the year Dunwoody incorporated out of unincorporated DeKalb County, and it has not been repealed or amended since.
Violations & Fines
A person cited under § 24-10 may request transfer to the State Court of DeKalb County, where the charge is prosecuted as a state misdemeanor. Absent transfer, a Dunwoody Municipal Court conviction is punished under § 24-11's cross-reference to the Code's general penalty, § 1-6, a fine or sentence capped at whatever maximum state law or the city Charter allows.
Frequently Asked Questions
Is marijuana possession illegal anywhere in Dunwoody, or just in public?
Can I get my marijuana case moved out of Dunwoody Municipal Court?
What counts as 'marijuana' under the Dunwoody ordinance?
Sources & Official References
Other rules in Dunwoody
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