Arrested For Misdemeanor Marijuana Possession In Georgia? Understanding The Impact On Your Gun Rights

If you’ve been arrested for misdemeanor marijuana possession in Georgia—typically involving less than one ounce—you might be wondering about the long-term consequences beyond fines or jail time. One often-overlooked area is how this could affect your Second Amendment rights, including possessing or purchasing firearms under federal law and obtaining a concealed carry permit (Weapons Carry License, or WCL) under Georgia law. As a Georgia Marijuana Lawyer and Georgia DUI Lawyer at George C. Creal, Jr., P.C. Trial Lawyers, I’ve helped countless clients navigate these complex intersections of drug and gun laws. Let’s break it down.

Federal Law: The “Unlawful User” Prohibition

Under federal law, specifically 18 U.S.C. § 922(g)(3), it’s illegal for anyone who is an “unlawful user of or addicted to any controlled substance” to possess, ship, receive, or purchase firearms or ammunition. Marijuana remains a Schedule I controlled substance federally, even in states with medical or recreational programs. Although on December 18, 2025, President Donald Trump signed an executive order directing federal agencies to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Importantly, this ban applies to users, not just those convicted—though an arrest or admission of use can trigger scrutiny.

Historically, even occasional or past use could disqualify you, but recent developments are shifting this. On January 22, 2026, the ATF proposed revising the definition to require evidence of “regular use over an extended period continuing into the present.” This interim rule aims to prevent erroneous denials based on isolated incidents. The Supreme Court is also reviewing cases like United States v. Hemani, where lower courts have struck down the ban for non-current users, emphasizing it may only apply to those actively intoxicated or posing immediate risks. This case is currently pending the US Supreme Court as of today, January 23, 2026. However, lying on ATF Form 4473 about marijuana use is a federal felony.

If you’re a current user, this could mean a lifetime federal ban on gun ownership, regardless of state laws. Even after the arrest, if evidence shows ongoing use, you risk prosecution.

Georgia Law: Concealed Carry Permit Restrictions

Georgia has permitless carry since 2022 for those 21+ who qualify as “lawful weapons carriers”—essentially, anyone eligible for a WCL under O.C.G.A. § 16-11-129. A misdemeanor marijuana possession conviction (less than 1 oz) is punishable by up to one year in jail and $1,000 fine, but it directly impacts WCL eligibility.

Under Georgia law, you’re disqualified from a WCL if convicted of an offense involving the “unlawful manufacture, distribution, possession, or use of a controlled substance.” Marijuana counts as such. For first-time misdemeanor convictions, this ban lasts five years from the end of probation or supervision, provided no subsequent drug offenses occur. A second conviction could make it permanent. Note: An arrest alone doesn’t disqualify you—it’s the conviction that matters. However, if you’re on probation, gun possession is often restricted.

Georgia doesn’t have state-level bans on gun possession for simple misdemeanor drug convictions beyond the WCL, but federal law overrides this.

Arrest vs. Conviction: Key Distinctions

An arrest doesn’t automatically strip your rights—it’s the conviction or evidence of use that triggers bans. Successful defenses, like first-offender treatment or case dismissal, can preserve your eligibility. But ignoring the charge risks escalation to felony levels if over one ounce or intent to distribute is alleged.

Protecting Your Rights

These laws create a minefield for gun owners and marijuana users. With federal reforms underway and courts challenging broad bans, now’s the time to act. If you’ve been arrested, don’t wait—consult a skilled attorney to fight the charge and safeguard your rights.

At George C. Creal, Jr., P.C. Trial Lawyers, we specialize in defending marijuana-related cases in Georgia. With over 30 years of experience, we’ve secured dismissals, reductions, and acquittals for clients facing similar situations. Contact us today for a free consultation at (770) 961-5511 or visit www.georgialawyer.com to discuss your case. Don’t let one arrest derail your future—let us help you fight back.