Stonecrest, GA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Citation
- Stonecrest Code § 16-54
- Possession threshold
- one ounce or less
- Penalty
- fine only, no jail (subsection e)
- Transfer option
- State Court of DeKalb County
- Medical exception
- valid prescription required
Summary
City Code § 16-54 makes it unlawful in the City of Stonecrest to possess one ounce or less of marijuana anywhere in the city, including in public. Punishment is fine-only, with imprisonment barred outright, and anyone charged can request transfer to the State Court of DeKalb County for trial as a 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. ... (d)Any person found quilty of violating this section shall be punished by a fine.(e)No person convicted of violating this section shall be punished by imprisonment for any period of time.(f)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.
Full Breakdown
Adopted by Ordinance No. 2018-10-03 and amended by Ordinance No. 2022-07-01, City Code § 16-54 bans possessing or having under one's control one ounce or less of marijuana anywhere within the City of Stonecrest, a ban that reaches public possession and consumption just as it reaches private conduct since the section draws no distinction between the two settings. Subsection (b) defines "marijuana" to track the state definition: all parts of the cannabis plant, whether growing or not, its seeds, the resin extracted from it, and every compound or preparation made from the plant or its resin, but excluding the mature stalks, fiber, oil or cake, and sterilized seeds incapable of germination.
Subsection (c) exempts marijuana used under a valid medical prescription, so long as the prescription names the patient, the substance, the quantity to be taken and the period of authorization. Where § 16-54 departs sharply from a typical municipal drug offense is its penalty structure: subsection (d) limits punishment to a fine, and subsection (e) affirmatively bars imprisonment for any period of time for a § 16-54 conviction, so no one can be jailed under this section alone. Subsection (f) gives anyone charged the right, on request, to have the case transferred to the State Court of DeKalb County to be prosecuted and tried there as a misdemeanor rather than in Stonecrest Municipal Court.
Violations & Fines
A § 16-54 marijuana possession conviction, for one ounce or less, is fine-only: subsection (e) bars any period of imprisonment outright, a departure from Georgia's general marijuana penalties. Anyone charged can request, under subsection (f), transfer to the State Court of DeKalb County for trial as a misdemeanor rather than staying in Stonecrest Municipal Court.
Frequently Asked Questions
Can you go to jail for marijuana possession in the City of Stonecrest?
Does Stonecrest's marijuana ordinance apply to smoking in public?
Can a marijuana possession case in Stonecrest be moved to a different court?
Sources & Official References
Other rules in Stonecrest
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