GA 16-13-25 - GA 16-13-25

JUDICIAL DECISIONS "Marijuana" defined. - Construction of O.C.G.A. § 16-13-21(16) with O.C.G.A. § 16-13-25(3) as to what constitutes marijuana. Osborn v. State, 161 Ga. App. 132 , 291 S.E.2d 22 (1982). Marijuana and THC. - Any sample containing tetrahydrocannabinols (THC) which would otherwise fall under the definition of marijuana shall be considered marijuana unless it either contains more than 15 percent by weight of THC or does not exhibit the external morphological features of the plant cannabis. Osborn v. State, 161 Ga. App. 132 , 291 S.E.2d 22 (1982). Since a prosecution for misdemeanor possession of marijuana cannot be instituted on the basis of a blood or urine test which shows "positive" for marijuana, because such positive showings will be based upon the presence of THC "without...