Posts

Georgia Criminal Law – Drug Schedules for Controlled Substances

/in , , , , , , /by

Georgia and Federal law provide for the “scheduling” of different controlled substances. Controlled substances are divided into different categories based on potential for abuse and medicinal use, if any. Violating state or federal controlled substances laws can result in misdemeanor or felony punishment depending on the type of substance and quantity involved.

Schedule I: These substances have a high potential for abuse and no accepted medical use. Schedule I drugs include Heroin, LSD, Psilocybin (mushrooms), and MDMA (Ecstacy). Although marijuana is considered Schedule I under federal law, Georgia treats marijuana possession differently. In Georgia, simple possession of less than one ounce of marijuana is punishable as a misdemeanor. However, if marijuana is chemically altered to another state (thc oil or wax), it can be charged as a felony.

Schedule II: These substances have a high potential for abuse but have at least some accepted medical use. Schedule II drugs include Cocaine, Amphetamine, Opium, Morphine, Codeine, Hydrocodone, Oxycodone, Ketamine, and Fentanyl.

Schedule III: These substances have less potential for abuse than Schedule I and II as they have some accepted medical use but may lead to moderate or low physical dependence if abused. Schedule III drugs include Central Nervous System (CNS) depressants, CNS stimulants, anabolic steroids, certain barbiturates, and substances or mixtures containing limited amounts of narcotics.

Schedule IV: These substances have low potential for abuse compared to Schedule III, having some accepted medical use, but may lead to limited physical and psychological dependence if abused. Schedule IV drugs include Alprazolam (Xanax), Clonazapam (Klonopin), Diazepam (Valium), and Zolpidem (Ambien).

Schedule V: These substances have low potential for abuse compared to Schedule IV, having some accepted medical use, but can also lead to limited physical and psychological dependence if abused. Schedule V drugs include substances or mixtures containing limited amounts of narcotics and must be lawfully prescribed.

A person accused of unlawful possession or the sale/distribution of any of the above controlled substances is facing serious criminal charges. A skilled and experienced attorney is necessary to navigate the law and successfully defend criminal charges.

Contact Us

If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

Possession of Schedule 1 Controlled Substances – VGCSA – Georgia

/in , , , , , , /by

Possession of Schedule 1 drugs are classified as felonies in the State of Georgia. According to the laws of our state, criminal charges associated with the possession of these drugs are in accordance with the Georgia Controlled Substances Act. The following controlled substances are examples of drugs classified as Schedule 1:

  • Heroin
  • LSD
  • Morphine
  • Ecstasy

THE OFFENSE

V.G.C.S.A. offenses, which stands for “Violations of the Georgia Controlled Substances Act, include the charge of possessing Schedule I drugs. The Georgia Controlled Substances Act is laid out in the following statutes: O.C.G.A. § 16-13-20 through § 16-13-30. A list of all of the controlled substances considered to be Schedule I are referenced in O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act. A Schedule I controlled substance is defined as:

  1. A drug or other substance that has a high potential for abuse;
  2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, which does encompass any Schedule I drug.

SENTENCING

If an accused is prosecuted under the Georgia Controlled Substances Act for possessing a Schedule I controlled substance, the charge will be classified as a felony. If the accused is later convicted of these charges, the following punishments may occur:

  1. If the aggregate weight is less than one gram of a solid substance or less than one milliliter of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-3 years;
  2. If the aggregate weight is at least one gram but less than four grams of a solid substance or at least one milliliter but less than four milliliters of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-8 years;
  3. If the aggregate weight is at least four grams but less than 28 grams of a solid substance or at least four milliliters but less than 28 milliliters of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-15 years.

Because of the severity of the punishment for possessing a Schedule I controlled substance, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all possible options of an accused arrested and charged with V.G.C.S.A., we understand and assert all potential defenses for such a charge, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of a Schedule I controlled substance, please call our office today at 404-581-0999 for a free consultation.