Drug Possession Charges and Penalties in Georgia

Drug Possession Charges and Penalties in Georgia

Getting charged with drug possession in Georgia can be scary. The penalties can range from misdemeanors to felonies depending on the type and amount of drug. This article will explain Georgia’s drug laws and penalties so you understand what you’re facing if charged.

Marijuana Possession

Marijuana laws have loosened up in recent years but possession is still illegal in Georgia. Here’s an overview:

• Possession of 1oz or less of marijuana is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine[1].
• Possession of more than 1oz of marijuana is a felony punishable by 1-10 years in prison[2].
• Possession with intent to distribute any amount is a felony with harsher penalties[3].

So even though public opinion on marijuana is shifting, you can still face serious charges for possession in Georgia. Getting caught with a small amount probably won’t lead to jail time but it can result in probation, fines, and a criminal record.

Possession of Other Drugs

Georgia categorizes controlled substances into Schedules I-V based on their potential for abuse and medicinal value. Schedule I drugs like heroin and LSD are considered the most dangerous with no medical uses. Schedule V drugs have the lowest potential for abuse.

Possession penalties depend on the Schedule and amount:

• Possession of Schedule I and II drugs (ex: cocaine, methamphetamine) is a felony punishable by 2-15 years in prison[4]. Harsher penalties for larger amounts.
• Possession of Schedule III, IV, V drugs is a felony with 1-5 years in prison[5].

These felony drug possession charges must be taken very seriously. You’re facing years behind bars if convicted.

Penalties for Drug Possession Near Schools

Georgia has strict laws enhancing penalties for drug crimes near schools. Just being within 1,000 feet of school grounds can mean 5-40 years imprisonment[6].

So if you’re caught with any amount of an illegal drug near a school, expect prosecutors to pursue harsh penalties. This applies to marijuana too.

Paraphernalia Possession

It’s illegal in Georgia to possess drug paraphernalia like pipes, bongs, scales, etc. This is a misdemeanor punishable by up to 1 year in jail.

While paraphernalia possession seems minor, getting convicted can still negatively impact your life. You may lose student financial aid and have trouble finding a job.

First Offender Treatment

If this is your first offense, you may qualify for Georgia’s First Offender Treatment program. This allows the judge to defer entering a conviction so you can complete probation. If you successfully finish probation, your charges are discharged and won’t go on your record.

This is a great way to avoid having a permanent criminal record if you made a one-time mistake. An experienced drug crimes lawyer can help you get into this program.

Search and Seizure Laws

How you were caught possessing drugs is extremely important. If police violated your 4th Amendment rights, the evidence may be suppressed.

Your lawyer will analyze issues like:

• Did police have reasonable suspicion for the stop/frisk?
• Was the vehicle search lawful?
• Did police coerce you into “consenting” to a search?
• Were you detained longer than reasonably necessary?

Any violations of search and seizure procedures could lead to exclusion of evidence. This results in dropped charges since the prosecution’s main evidence has been thrown out.

Expert Witnesses

Drug cases often rely on expert testimony to identify the substance and its weight. But experts can make mistakes too.

Your lawyer may hire defense experts to independently test the drugs. If their results contradict the prosecution’s witnesses, this creates reasonable doubt as to your guilt.

How a Lawyer Can Help

As you can see, Georgia doesn’t mess around when it comes to drug crimes. Even minor possession charges carry devastating penalties like years behind bars and massive fines.

Don’t take these charges lightly – hire an experienced drug crimes lawyer right away. A lawyer can get charges reduced or dismissed by:

• Negotiating with prosecutors for better plea deals
• Getting your case into First Offender Treatment
• Suppressing evidence from illegal searches
• Discrediting the prosecution’s expert witnesses
• And more!

With so much at stake, it’s critical to have a lawyer fighting for your best interests. Don’t leave your fate in the hands of prosecutors – contact a dedicated drug crimes attorney today.