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STATE v. JACKSON

No. S99A0451.

515 S.E.2d 386 (1999)

271 Ga. 5

The STATE v. JACKSON.

Supreme Court of Georgia.

April 12, 1999.

Attorney(s) appearing for the Case

Kenneth B. Hodges III, District Attorney, Richard E. Thomas, Kenneth A. Dasher, Assistant District Attorneys, Albany, J. David Fowler, LaGrange, for the State.

David E. Slemons, Albany, for Bobby Jones Jackson.

Peter J. Skandalakis, District Attorney, Coweta Circuit, LaGrange, amicus curiae.

CARLEY, Justice.

Bobby Jones Jackson was charged with purchasing marijuana in violation of OCGA § 16-13-30(j)(1). Under OCGA § 16-13-30(j)(2), conviction of this crime would result in felony sentencing even though the amount of marijuana that Jackson allegedly purchased is less than one ounce. Under OCGA § 16-13-2(b), a conviction of possession, rather than purchase, of this small amount of marijuana would mandate only misdemeanor punishment. Based...

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