Title 16, Chapter 13, Section 2
(a) Whenever any person who has not previously been convicted of any
offense under Article 2 or Article 3 of this chapter or of any
statute of the United States or of any state relating to narcotic
drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs,
pleads guilty to or is found guilty of possession of a narcotic
drug, marijuana, or stimulant, depressant, or hallucinogenic drug,
the court may without entering a judgment of guilt and with the
consent of such person defer further proceedings and place him on
probation upon such reasonable terms and conditions as the court may
require, preferably terms which require the person to undergo a
comprehensive rehabilitation program, including, if necessary,
medical treatment, not to exceed three years, designed to acquaint
him with the ill effects of drug abuse and to provide him with
knowledge of the gains and benefits which can be achieved by being a
good member of society. Upon violation of a term or condition, the
court may enter an adjudication of guilt and proceed accordingly.
Upon fulfillment of the terms and conditions, the court shall
discharge the person and dismiss the proceedings against him.
Discharge and dismissal under this Code section shall be without
court adjudication of guilt and shall not be deemed a conviction for
purposes of this Code section or for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime. Discharge
and dismissal under this Code section may occur only once with
respect to any person.
(b) Notwithstanding any law to the contrary, any person who is
charged with possession of marijuana, which possession is of one
ounce or less, shall be guilty of a misdemeanor and punished by
imprisonment for a period not to exceed 12 months or a fine not to
exceed $1,000.00, or both, or public works not to exceed 12 months.