Asberry v. State

Blackburn, Judge.

Cedric Asberry’s appeal of his conviction for possession of a firearm during the commission of a crime presents the first impression issue of whether marijuana is a controlled substance under OCGA § 16-13-30 for the purpose of a prosecution under OCGA § 16-11-106 (b) (4).

During the execution of a search warrant, police found 11 bags of marijuana and a handgun in Asberry’s possession in his hotel room. Asberry was convicted of possession of a firearm during the commission of a crime as well as possession of a firearm by a convicted felon.

OCGA § 16-11-106 (b) (4) provides that…