Marietta Drug Possession Lawyer
Drug possession charges in Marietta are very serious. If convicted, a person could spend several years in prison and be required to pay expensive fines. The law does not only outline penalties for possessing drugs, but also for buying them or having control over them. For example, if you knew your friend left illegal drugs in your vehicle, you have control over them and can face charges. Below, our Marietta drug possession lawyer explains what the law says about this offense.
Controlled Substances in Marietta
Drug possession involves controlled substances and the associated penalties vary depending on the schedule an illicit substance is listed. As such, it is critical to understand the different schedules and how they classify different controlled substances.
- Schedule I: This schedule lists the most serious types of drugs. Drugs in this category are considered to have a high potential for abuse and they do not have any accepted medical use.
- Schedule II: Schedule II drugs are also thought to have a high potential for abuse but they do have limited accepted medical uses.
- Schedule III: Drugs in this classification do not have as high a potential for abuse as those in schedules I and II. There is also a reduced risk of psychological or physical dependence.
- Schedule IV: Drugs in this category are even less likely to be abused and the possibility for becoming dependent on them is even lower.
- Schedule V: The least serious types of drugs, those in Schedule V have the lowest potential for abuse and dependency.
Penalties for Drug Possession
Penalties for drug possession vary depending on the type of drug in question and the quantity involved. Sometimes, the defendant’s previous criminal history is also taken into consideration. Generally speaking, the penalties for drug possession are as follows:
- Possession of Schedule I or II narcotic drugs: Between three and 15 years in prison, depending on the quantity
- Possession of Schedule III, IV, or V drugs: Between three and five years in prison, depending on the amount
- Possession of counterfeit substances: Between one and two years in prison
Defenses to Drug Possession
Drug possession charges are some of the most common in Marietta, but there are defenses available. If you were not in possession or control of the drug, that can serve as a defense because you must knowingly commit the crime. Additionally, if you were not read your rights or law enforcement conducted an illegal search or unlawful traffic stop, that can result in evidence against you being thrown out, which is a very effective defense.
Our Drug Possession Lawyer in Marietta Can Prepare Your Defense
Being charged with drug possession is scary, but a charge does not automatically mean you will be convicted. At the law firm of Andrew L. Schwartz, P.C., our Marietta drug possession lawyer can help you avoid a conviction and retain your freedom. Call us now at (678) 853-2500 or fill out our online form to book a free consultation with our experienced attorney so we can get started on your case.