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Georgia Drug Attorney Argues against the Constitutionality of State's Law against Marijuana Possession

By Conaway and Strickler

According to an October 7th, 2008 article in the Atlanta Journal-Constitution, local attorney Christopher McClurg, has taken his constitutional argument against a 1971 Georgia marijuana law all the way to the Supreme Court. McClurg argued that the Constitution guarantees jury trials to defendants charged with crimes like marijuana possession, and that since jury trials are not typically offered, the law is essentially unconstitutional. Not all justices on the court appear convinced by McClurg's case. George Carley, a veteran GA Supreme Court justice, argued that if McClurg's argument was taken to its fullest conclusion, the court system would seize-up and produce "absurd results." McClurg's client -- a juvenile arrested for possession of a small (less than 1 oz...continue to full post

Full post as published by Georgia Criminal Defense Blog on October 31, 2008 (boomark / email).