Drug Possession in Georgia
By: Mary Agramonte
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The legal system in Georgia treats drug crimes very seriously. If you have been arrested for the possession of drugs in the State of Georgia, you are likely facing serious prison time. Due to the severity of the charges, you need a lawyer who is skilled in the state’s drug laws and any possible defenses.
Under the Georgia Controlled Substance Act, drugs are classified into 5 Schedules based on their potential for abuse, tendency for addiction, and their recognized medical uses. Schedule I is considered to have the highest risk of physical and psychological dependency and are considered to have no medical use, while Schedule V is recognized to have lower risk of dependency and legitimate medical use. The following are examples of common drugs in each schedule.
Heroin, THC, LSD, and MDMA (ecstasy).
Cocaine, Codein, Hydrocodone, Morphine, Methadone, Amphetamine, Methamphetamine, Oxycontin, Percocet
Suboxone, Ketamine, Anabolic steroids
Xanax, Ambien, Valium
Drug Possession Penalties in Georgia
The penalties for drug possession in Georgia are harsh. It is a felony if you are arrested for drug possession in Georgia, except for marijuana if it less than an ounce. If it is your first offense and you are found guilty of a Schedule I or II drug, you are looking at 2-15 years in prison, intense probation, and high fines.
On second or subsequent offenses of Schedule I or II drugs, you are looking at at least 5 years in prison, and up to 30, with the possibility of similar probation and high fines as the first.
If you are found with Schedule III, IV, or V drugs, the penalty will be 1 to 5 years in prison. If it is your second or subsequent offense, you are facing 1 to 10 years prison time.
Additionally, if the offense date was prior to July 1, 2015 and a car was used during the felony, your driver’s license will be suspended if you are found guilty of drug possession.
How the State Proves Possession
The drugs do not have to be found on your person for you to be guilty of drug possession. Driving a car in which drugs are found is enough for the law to determine that you are in violation of the Controlled Substance Act. Even if the drugs are found thrown out or hidden, the State will still try to prove you were in possession. Depending on where the drugs were found, two people or more can be considered to have possession of the same drugs. Important facts for for your case will be whether paraphernalia or residue was found, and also whether you attempted to flee.
Talk to an Attorney
Because a conviction of drug possession carries serious prison time, it is important you speak with an attorney who is knowledgeable about drug possession laws in Georgia. Pleading guilty to any drug possession offense will have lifelong consequences that we want you to avoid. We would like for you to understand what you are facing and all of your legal options so that you can move on from this arrest in the best way possible. Call us for a FREE CONSULTATION today at 404-581-0999 and mention this blog.