What Happens When You’re Charged With Drug Possession in Georgia?

A drug possession charge in Georgia can come out of nowhere. One second you’re at a traffic stop or walking down the street, and the next, you’re in handcuffs.

A lot of people don’t realize just how fast it can happen or how serious it really is until they’re already in the middle of it. And most have no idea what to expect next.

What exactly is drug possession?

Put simply, drug possession just means they found something illegal on you or somewhere they believe you had control over. It could be weed, cocaine, heroin, even prescription meds if you didn’t have a valid prescription. The state doesn’t have to prove you were selling it or planning to. Just that you knew it was there and it was yours.

How serious the charge is depends mostly on what kind of drug it is and how much. Some substances are treated more harshly under Georgia law, and the penalties can be heavy, even if the amount was small.

In some cases, like with small amounts of marijuana, it might be a misdemeanor. But a lot of possession charges are felonies, especially when it involves harder drugs or larger quantities.

Why even small possession charges matter

Even what feels like “just a simple possession” can come with real consequences.

You could be looking at jail time or probation. Fines. Court costs. And even if you don’t serve time, the charge can leave you with a permanent record, which can follow you into job interviews, housing applications, even financial aid decisions.

And if it’s your first offense, that doesn’t always mean you’ll catch a break. If you were near a school, had a weapon on you, or have past charges, the penalties can be much tougher.

What the state must prove

To convict you of drug possession, the state really only has to prove two things:

That you knew the drugs were there,
and that the substance is illegal under Georgia law.

That’s it on paper. But in real life, that first part, what you knew, can get messy fast.

Maybe you borrowed someone’s car and didn’t know what was in the glovebox. Maybe you were hanging out at a friend’s place and the cops found something under the couch. Stuff like that matters. Context matters. And that’s where a defense starts to take shape.

Common defenses to drug possession charges

A solid defense doesn’t stop at what the arrest report says. It looks deeper at how things actually went down.

Was the search even legal? Did the officers have the right to look where they looked? Were the drugs really in your control, or just nearby? Was the substance even tested and was it what they said it was?

These are the kinds of questions that matter. Because in a lot of possession cases, the whole thing can hinge on assumptions, stuff the prosecution treats as fact, but may not hold up under pressure.

That’s why having the right defense isn’t just helpful; it can be the difference between a conviction and a case that falls apart.

What to do if you’re charged

If you’ve been arrested for drug possession, talk to a lawyer, and do it sooner than later.

The earlier you get someone on your side, the more they can actually help. They can look at the footage. Go through what the officers did. Spot anything that wasn’t handled the way it should’ve been. They can also check if you qualify for a diversion program, something that could keep this off your record entirely.

Getting charged is serious. That’s true. But it’s not the end. Not even close. With the right legal help, and if you don’t wait too long, you may have more options than you think.

Talk to a Cobb County, GA, Drug Crimes Attorney Today

Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who are facing drug charges. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.