Gwinnett County, GA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Threshold
- One ounce or less
- Max fine
- $1,000
- Max jail
- 12 months
- Court
- County recorder's court
Summary
Gwinnett County makes possessing one ounce or less of marijuana anywhere in the county, including in public, a misdemeanor ordinance violation under County Code § 66-3.
(a)Prohibited. Possession of one ounce or less of marijuana shall be a misdemeanor and an ordinance violation, and may be cited on a uniform traffic citation returnable to the county recorder's court.(b)Penalties. Every person convicted of a violation of this section shall be punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months. (Code 1978, § 9-1004; Code 1994, § 74-3)
State Law reference— Conditional discharge for possession of controlled substances as first offense, O.C.G.A. § 16-13-2; violation of county ordinances, O.C.G.A. § 15-10-60 et seq.; punishment for misdemeanors, O.C.G.A. § 17-10-3; maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b); county responsibility for sentencing and maintenance of inmates, O.C.G.A. § 42-5-51(a).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
Section 66-3 criminalizes possession of one ounce or less of marijuana as both a misdemeanor and a county ordinance violation, citable on a uniform traffic citation returnable to the county recorder's court. There is no carve-out limiting the ban to private property, so it reaches public places, streets, and parks the same as anywhere else the county's police jurisdiction runs. Cities within Gwinnett enforce their own separate codes on this topic.
Violations & Fines
Conviction is punishable by imprisonment for up to 12 months, a fine of up to $1,000.00, or up to 12 months of public works, or any combination, per Sec. 66-3(b).
Frequently Asked Questions
Is it legal to use marijuana in public in Gwinnett County?
How is a marijuana possession case handled?
Sources & Official References
Other rules in Gwinnett County
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