§ 46-1. Use of marijuana.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Marijuana means, pursuant to O.C.G.A. § 16-13-21(16), all parts of the plant of the genus Cannabis, whether growing or not, its seeds, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include samples as described in O.C.G.A. § 16-13-25(3)(p) and shall include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil or cake, or the completely sterilized samples of seeds of the plant incapable of germination.

(b)

Jurisdiction of municipal court.

(1)

Where a person is charged with the possession of one ounce or less of marijuana within the corporate limits of the city, the municipal court has jurisdiction, pursuant to O.C.G.A. § 36-32-6 to try and dispose of such cases.

(2)

For violations of this section, the municipal court shall have concurrent jurisdiction with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.

(c)

Transfer of case to county court. Any defendant charged with possession of an ounce or less of marijuana in the corporate limits of the city shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county.

(d)

Penalties. Unless another penalty is expressly provided by law, every person convicted of a violation of this section shall be punished as provided in section 1-11; however, the total length of sentence for imprisonment and total length of public service work shall not exceed one year.

(Ord. of 5-14-84, §§ 1—5)