September 14, 2024 • Posted In Criminal Defense
Drug possession laws in Georgia can be complex. The charges and penalties can vary significantly depending on the drugs, amounts, and compounds they may be mixed with. A conviction for related crimes can significantly impact several aspects of your life, which is not something to take lightly. You need the dedication and experience a Wallack Law Atlanta drug crimes attorney offers to defend your rights with a tailored defense.
In Georgia, the type of charge you face depends largely on the type and quantity of the drug law enforcement finds in your possession. Possession does not necessarily mean drugs that are found on your person but may also refer to drugs found in your car or on your property or anything that you may otherwise have control over.
Possession charges are generally based on an amount meant for personal use. For marijuana possession, this is typically possession of around 1oz. However, each substance class will have different measures based on the class or schedule. For example, you may need significantly more than 1oz of a prescription medication prescribed to you for law enforcement to support a case of ill intent to abuse or distribute.
Possession with intent to distribute is a possession-based charge if police think they have evidence to show you intend to sell or distribute the drugs. The amount for intent to distribute marijuana is generally more than 1oz but could be any amount if you are suspected of trying to distribute it.
Many are prescribed a controlled substance for medically therapeutic reasons. However, these generally must stay in the labeled container you receive from the pharmacy. Failure to do so may result in possession charges, even if it is a valid prescription. It can be important to check state laws when you travel to ensure you are not making yourself needlessly vulnerable.
The Drug Enforcement Administration (DEA) operates with a five-category classification system for Drugs. These drug schedules are divided based on the medical validity for use and treatment as well as their rates of dependency. Some of the more well-known drugs in each category include:
These lists are in no way exhaustive but provide more commonly encountered examples of drugs that may result in possession charges.
Possession drug charges are generally considered felonies, with the primary exception being 1oz or less of marijuana. While a misdemeanor is technically more ideal than a felony charge, it may still result in jail time of up to one year and fines.
More than 1oz of marijuana or the possession of most other controlled substances are charged as felonies. These charges can result in significant imprisonment or fines ranging from one year and no fines to 15 years of imprisonment and hefty fines for a first offense. For subsequent charges involving schedule I or II drugs, this can be nearly 30 years in prison, and subsequent offenses for schedule III, IV, or V drugs can be up to 10 years.
A felony charge can and will likely follow you for the rest of your life, making it difficult to find jobs, housing, or educational opportunities. Don’t leave your future to chance by facing Georgia possession charges alone.
