Fulton County, GA Public Conduct: Public Marijuana Use (2026)
Key Facts
- 1st offense fine
- $75 civil penalty
- Threshold
- Under 1 ounce of marijuana
- Applies to
- Unincorporated Fulton County
- Repeat offenses
- Escalating fines to $500 + jail
Summary
Unincorporated Fulton County treats first-time possession of under an ounce of marijuana as a $75 civil fine option instead of standard disorderly-conduct jail time.
upon a finding of guilt for the violation of section 46-136(a)(6), based solely upon the misdemeanor violation of possession of less than one ounce of marijuana, an offender may be prosecuted by alternative enforcement procedures provided by this section and be offered a civil penalty of a $75.00 fine for all first time offenses. Subsequent offenses shall have a mandatory minimum fine schedule of $150.00 for a second offense, $300.00 for a third offense, $450.00 for a fourth offense, and for all subsequent offenses, a mandatory minimum fine schedule of $500.00 and may include imprisonment for up to 60 days. Violators who are under the age of 21 must appear in court and may be ordered to drug treatment. Violators who are 21 or older must appear in court after a third offense and may be ordered into drug treatment.(c)Jurisdiction. The Magistrate Court of Fulton County and the State Court of Fulton County shall each have jurisdictions to try the offense described in this section. (Code 1983, § 34-1-8; Ord. No. 18-0319, 6-6-18)
State Law reference— Disorderly conduct, O.C.G.A. § 16-11-39.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 57).
Full Breakdown
Possessing illegal drugs in a place where they're used is disorderly conduct under Sec. 46-136(a)(6), normally punishable by up to a month in jail or a $500 fine. But for a first offense involving less than one ounce of marijuana, the county offers an alternative $75 civil penalty. Fines climb for repeat offenses, reaching a mandatory $500 minimum with possible 60-day jail time by the fifth offense, and violators under 21 must appear in court.
Violations & Fines
$75 civil fine (1st offense); $150, $300, $450 for the 2nd-4th; $500 minimum plus up to 60 days jail for the 5th and beyond.
Frequently Asked Questions
Is under an ounce of marijuana decriminalized in Fulton County?
Does this apply in Atlanta?
Sources & Official References
Other rules in Fulton County
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