FAQs About Drug Possession Charges in Georgia
Contents
- 1 FAQs About Drug Possession Charges in Georgia
- 1.1 What does “drug possession” mean legally in Georgia?
- 1.2 What are the different drug schedules in Georgia?
- 1.3 What are the penalties for drug possession in Georgia?
- 1.4 Can I go to jail for prescription drug possession?
- 1.5 What if the drugs weren’t mine?
- 1.6 Can drug charges be dismissed?
- 1.7 Should I refuse a drug test?
- 1.8 How can a lawyer help with my drug charges?
- 1.9 What about my job, school, or professional license?
- 1.10 Should I accept a plea deal?
- 1.11 References
FAQs About Drug Possession Charges in Georgia
Getting charged with drug possession in Georgia can be scary. You probably have a lot of questions about what happens next and what the consequences could be. This article will try to answer some frequently asked questions about drug possession charges in Georgia.
What does “drug possession” mean legally in Georgia?
In Georgia, it’s illegal to possess or have control over any amount of an illegal drug or controlled substance without a valid prescription. Just having drugs in your pocket, bag, car, or house means you’re in “possession” of them according to the law. You don’t have to be caught using or selling drugs to be charged with possession. Even residue amounts can lead to charges.
What are the different drug schedules in Georgia?
Georgia divides controlled substances into 5 schedules based on their potential for abuse and if they have accepted medical uses. Schedule I drugs have the highest abuse potential and no medical uses, while Schedule V drugs have lower abuse potential and recognized medical uses. Possession of lower schedule drugs is generally punished less severely[1].
- Schedule I – heroin, LSD, ecstasy, marijuana
- Schedule II – cocaine, methamphetamine, fentanyl, oxycodone
- Schedule III – ketamine, anabolic steroids
- Schedule IV – Xanax, Soma, Valium
- Schedule V – cough medicines with limited amounts of codeine
What are the penalties for drug possession in Georgia?
It depends on a few factors, mainly: the type of drug, the amount, and if you have prior convictions. Possession of Schedule I or II drugs (even small amounts) is a felony with 2-15 years in prison for a first offense. Marijuana under 1 oz is a misdemeanor with up to 1 year in jail. Heavier penalties apply if you have previous drug convictions[2].
Can I go to jail for prescription drug possession?
Yes, it’s illegal in Georgia to possess prescription drugs if they are not prescribed specifically to you. Things like painkillers, sedatives, and stimulants are Schedule II-V controlled substances. You could face misdemeanor or felony charges for illegally possessing someone else’s medication.
What if the drugs weren’t mine?
It doesn’t matter – you can still be charged with possession in Georgia even if the drugs belonged to someone else. As long as the drugs were found on you, in your home, or in your car, the law assumes they were in your possession and control.
Can drug charges be dismissed?
Yes, in some cases drug possession charges can be reduced or dismissed. An experienced criminal defense lawyer can review the details of your case and determine if your rights were violated during the arrest, if there are technical errors, or if you qualify for a diversion program. Don’t assume that a drug charge means you will be convicted.
Should I refuse a drug test?
No, refusing a drug test or destroying evidence after an arrest will only make the situation much worse. You could face additional charges for obstruction of justice. It’s best to be cooperative and then let your lawyer handle challenging any questionable evidence.
How can a lawyer help with my drug charges?
A criminal defense lawyer can be your advocate throughout the legal process. They can negotiate with the prosecutor, argue to get evidence suppressed, or take your case to trial if needed. Having an experienced lawyer in your corner increases the chance of a favorable outcome. Don’t go it alone.[3]
What about my job, school, or professional license?
Make sure your lawyer understands all the collateral consequences that a drug conviction could have on your life. They may be able to work with prosecutors to seek alternatives that avoid impacting your record and future opportunities.
Should I accept a plea deal?
Your lawyer will advise if a plea bargain seems in your best interest, or if you have a chance of beating the charges at trial. Carefully weigh their guidance before deciding whether to accept a deal or go to trial.
Getting charged with drug possession can be complicated and scary. Don’t go through it alone. Talk to an experienced Georgia criminal defense lawyer who can help protect your rights and give you the best chance at a positive outcome. The details of your case matter, so get personalized legal advice.[4]