Drug Possession Crimes in Georgia

The State of Georgia’s drug possession crimes mirror the federal statutes closely. Drugs are divided into one of five “schedules” based on recognized medical uses and their capacity for abuse. These include drugs like cocaine, heroin, and methamphetamine, as well as many of the compounds used to produce them. In this article, the Smyrna DUI attorneys at Andrew L. Schwartz, P.C., will discuss Georgia’s drug crimes and how they apply to criminal cases.

What are the penalties for possessing a controlled substance?

Under Georgia’s legal code § 16-13-30, it is against the law to either purchase or possess a controlled substance. Each drug offense is considered on an individual basis and while punishments can be influenced by several factors, penalties will depend largely on what the  “schedule” of the drug is and the amount of the drug in your possession. With only a few exceptions, possession of a controlled substance can be considered a felony and, in the least severe cases, can be punishable by a minimum sentence of one year in jail. In other cases, punishments can be substantially more serious.

In Georgia, punishments can include:

• Possession of a Schedule I or Schedule II drug is punishable by a mandatory minimum sentence of two years in prison, with a maximum sentence of 15 years in prison. A second conviction can lead to a prison sentence between five and 30 years.
• Possession of Schedule III, Schedule IV, or Schedule V substances is punishable by between one and five years in state prison. A subsequent offense can lead to a prison sentence between one and ten years.

Possession of marijuana has different rules. Crimes involving the possession of marijuana are charged according to a different guideline. Usually, penalties correlate directly with the amount of marijuana found in your possession. Possession of one ounce or less is one of the few examples where the crime of drug possession is considered a misdemeanor and is punishable by up to one year in jail. On the other hand, crimes involving more than one ounce of marijuana are considered felonies in Georgia and are punishable by one to ten years in state prison.

In addition to drugs, it is also illegal to possess certain types of drug paraphernalia. For example, any object that is related to the use, cultivation, packing, or concealment of a controlled substance can cause you to be charged with a misdemeanor.

The State of Georgia takes even simple possession charges very seriously. If you have been caught with drugs in your possession, it is important to hire experienced counsel to represent you during the criminal proceedings.

Talk to a Smyrna Drug Possession Attorney Today 

Andrew L. Schwartz, P.C., represents the interests of those who have been caught in possession of illegal drugs in Georgia. Call our Cobb County criminal lawyers today to schedule an appointment, and we can begin preparing your defense immediately.