Understanding Georgia’s Drug Crime Laws: Charges, Defenses, and Penalties
In Georgia, drug charges are serious offenses that carry life-altering consequences. Whether you’re charged with simple possession or drug trafficking, a conviction can not only impact your freedom but also your employment, housing opportunities, and reputation. Understanding how Georgia law handles specific offenses and what defenses may be available is essential for those who have been charged with drug crimes in Georgia.
Types of drug offenses in Georgia
The State of Georgia classifies drug crimes based on the type of controlled substance, the amount involved, and the alleged activity. Common drug charges include:
- Possession – Having a controlled substance on your person, in your home, or in your vehicle. Possession can be charged as “actual possession” (on your body) or “constructive possession” (in an area you control).
- Possession with intent to distribute – When the amount of drugs, packaging, or other evidence suggests that you’re selling the drugs.
- Manufacturing and distribution – Either producing or distributing a controlled substance, such as growing marijuana or selling prescription pills without authorization.
- Trafficking – The most serious category, which involves large quantities of drugs. Trafficking charges carry mandatory minimum prison sentences.
Marijuana is the only drug you can possess in Georgia that does not count as a felony. Penalties, nonetheless, remain harsh when compared to other states. Even possession of less than an ounce can result in misdemeanor charges. Larger amounts can count as felonies.
Penalties and consequences of drug charges
Penalties for drugs in Georgia vary depending on the schedule of the controlled substance (as it’s defined by state and federal law) and the quantity involved. For example:
- Schedule I & II substances – Such as heroin, cocaine, and methamphetamine. Possession often results in felony charges with sentences ranging from two to 30 years.
- Schedule III, IV, and V – Certain prescription medications. Penalties may be less severe, but felony charges are still possible for larger quantities.
- Marijuana – Possession of less than one ounce is typically a misdemeanor punishable by up to one year in jail and a fine. Quantities higher than an ounce are considered a felony.
Beyond just prison time and fines, a conviction for drugs can result in probation, mandatory drug treatment, community service, and the suspension of your driver’s license. The collateral consequences, such as difficulty finding a job, the denial of a professional license, or even the loss of housing, can last for the rest of your life.
Defenses to drug charges in Georgia
Every case tends to be different, but there are some common defenses that may apply:
- Illegal search and seizure – The Fourth Amendment protects all Americans against unlawful searches. If law enforcement searched you, your vehicle, or your home without the proper authority, the evidence can be excluded.
- Lack of possession – Simply being in the same vicinity of drugs does not prove that they belong to you. Prosecutors must establish actual or constructive possession.
- Chain of custody issues – The prosecution must prove that evidence was properly handled from seizure to trial. Any break in the chain of custody can weaken their case.
- Entrapment or coercion – If police induced someone to commit a crime they otherwise would not have committed, entrapment can be a defense.
An experienced criminal defense lawyer will evaluate your circumstances, challenge the prosecution’s evidence, and negotiate for reduced charges or alternative sentencing when possible.
Talk to a Cobb County Criminal Defense Attorney Today
Facing drug charges in Cobb County? Call the experienced Cobb County criminal defense attorneys at Andrew L Schwartz, P.C., and we can begin preparing your defense immediately.
