There are numerous types of drug crimes in Georgia. Some of them have subtle distinctions between each of them while others are significantly different. The punishment for a drug crime conviction ranges from a simple misdemeanor to 20 years in prison. It is important to hire an attorney who is familiar with the crimes and knows the impact a conviction will have on your future.
O.C.G.A. §16-13-2, A person who has been convicted of a crime related to narcotic drugs, marijuana, stimulants, depressants, or hallucinogenic drugs may be placed on a probation program if both the defendant and court agree. The drug crime can be for directly using drugs, possessing drugs, or a property crime caused by the defendant's substance addiction or abuse.
Two important things to note about the Conditional Discharge Program in Georgia are that first, a suspect can only use this process once and second, it can only be used for drug-related crimes.
It is a special court where the judge, prosecution, probation officers, law enforcement, mental health professionals, and social services work together to help addicted offenders into long-term recovery. The purpose is to give those charged with a drug crime a second chance and hopefully stop the abuse of alcohol or drugs.
Cocaine is regulated under the Georgia Controlled Substances Act. O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include cocaine. Cocaine is part of the Schedule II drug in Georgia, which is included in the same category as methamphetamine, crack cocaine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(b) states that it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
Marijuana is regulated under the Georgia Controlled Substances Act. O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include marijuana. O.C.G.A. §16-13-30(j) states it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. The definition of manufacturing marijuana applies to the cultivation or planting of marijuana. Hunt v. State, 222 Ga. App. 66, (1996).
Cocaine is part of the Schedule II drug in Georgia, which is included in the same category as methamphetamine, crack cocaine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(a) states that it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Marijuana is regulated under the Georgia Controlled Substances Act. O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include marijuana. Georgia is one of the states that have specific statutes that regulate marijuana crimes. O.C.G.A. §16-13-30((j) states that it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
Cocaine is part of the Schedule II drug in Georgia, which is included in the same category as methamphetamine, crack cocaine, morphine, opium, and methadone. Possession of cocaine with intent to distribute is a separate crime from merely possessing cocaine. O.C.G.A. § 16-13-30(b) states, “It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.” However if found with greater than twenty-eight grams of cocaine, the crime will be elevated to trafficking.
Possession of marijuana with the intent to distribute is a separate crime from merely possessing marijuana. O.C.G.A. § 16-13-30(b) states, “It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.” Further, O.C.G.A § 16-13-1 states that controlled substances include marijuana.
O.C.G.A. §16-13-32.2, It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
Methamphetamine is part of the Schedule II drug/controlled substances in Georgia, which also includes crack cocaine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(a) states it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Drugs that are classified as Schedule I drugs in Georgia include ecstasy, heroin, and LSD. They are considered highly addictive drugs. Possession of a Schedule I drug will be treated as a felony.
According to O.C.G.A. §16-13-30(a), it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Schedule II drugs in Georgia include cocaine, fentanyl, methamphetamine, amphetamines, barbiturates, oxycodone, and codeine. These drugs are not as highly abused as Schedule I drugs but many people become physically dependent upon these drugs.
According to O.C.G.A. §16-13-30(a), it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Steroids are the most common Schedule III drugs used. Some Schedule III drugs have limited medical use. They are not as abused as Schedule I or Schedule II drugs.
According to O.C.G.A. §16-13-30(a), it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Xanax and valium are examples of Schedule IV drugs in Georgia. Abuse of Schedule IV drugs can lead to psychological or physical dependence. The penalty for possessing a Schedule IV drug will also be a felony.
According to O.C.G.A. §16-13-30(a), it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Most Schedule V drugs have accepted medical uses and people rarely become dependent on these drugs. However, possession of these drugs will still be treated as a felony.
According to O.C.G.A. §16-13-30(a), it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
Cocaine is part of the Schedule II drug/controlled substances in Georgia, which also include methamphetamine, crack cocaine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(b) states it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. However if found with greater than twenty-eight grams of cocaine, the crime will be elevated to trafficking cocaine.
Marijuana is regulated under the Georgia Controlled Substances Act. While numerous other drugs are considered a scheduled substance, marijuana is not. O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include marijuana. O.C.G.A. §16-13-30(j) states, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
Methamphetamine is part of the Schedule II drug/controlled substances in Georgia, which also include cocaine, crack methamphetamine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(b) states it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. However if found with greater than twenty-eight grams of methamphetamine, the crime will be elevated to trafficking methamphetamine.
O.C.G.A. § 16-13-31(a) defines the crime of trafficking cocaine as when a person sells, manufactures, grows, delivers, or brings into this state, or who is in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine.
O.C.G.A. § 16-13-31.1 (a) defines the crime of trafficking ecstasy as any person who sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, or any mixture containing 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I.
Marijuana is regulated under the Georgia Controlled Substances Act. While numerous other drugs are considered a scheduled substance, marijuana is not. O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include marijuana. O.C.G.A. § 16-13-31(c) defines the crime of trafficking marijuana when someone sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding ten pounds.
O.C.G.A. § 16-13-31(e) defines the crime of trafficking methamphetamine as when a person sells, delivers, or brings into this state, or who is in possession of 28 grams or more of methamphetamine or amphetamine.
Drug crime convictions come with substantial penalties, most of which include a prison term and fines. The majority of drug crimes in Georgia are considered a felony and will have a significant impact on your future including making if difficult to obtain employment or credit.
One factor that may increase a prison sentence is whether a minor was involved. If a person under the age of 21 years participates in the sale or manufacturing of a controlled substance, then the crime is automatically elevated to a felony, and the penalty will be higher.
Alternatively, Georgia allows for conditional releases or diversion programs for people facing their first criminal prosecution. A conditional release is a program similar to probation where you have conditions set by a judge that you must satisfy for the charges to be dropped. Judges are more likely to order a conditional release it is the first drug offense for the accused, and it is a relatively minor case. The conditions could include requiring the accused to undergo a comprehensive rehabilitation program or medical treatment.
There are several options your attorney can use on your behalf. Many courts offer the possibility of drug court. Under this program, participants go through mandatory treatment, frequent drug testing, and other program requirements. All though the program is strict, successful completion will result in the dismissal of the felony drug charge.
While each crime has specific defenses that apply to it; these are just a couple arguments that could be used to defend your case:
I did not know that I possessed drugs (also known as unwitting possession): An example of this is if a friend asked you to drop off a package to another friend. You had no reason to suspect that illegal drugs were in the package, and you were caught speeding, and police officers discovered the drugs. Your attorney could use this evidence to prove that you did not intend to possess illegal drugs and help get the charge dismissed.
Illegal Means: If the methods used to obtain the drugs were unconstitutional, then that evidence will not be allowed in Court.
Innocence: Witness testimony or an alibi can be used to help prove your innocence.
Lack of possession: If you are found in constructive possession of illegal drugs, then you have a defense that you did not possess it. Just being in proximity to illegal drugs is not enough to prove that you possessed it. The State must demonstrate that you possessed it even though you were not in direct proximity to it. An example of this is a person riding with two friends in a car. He is sitting in the passenger seat and is unaware that there are illegal drugs under the seat. Just because the bag is found under the seat, he was sitting in does not prove that he possessed the drugs.
The amount was incorrect: If you can prove that the amount seized was less than the amount you are charged with, then you would be eligible to have the charged reduced or receive a lesser sentence. Mistakes happen, and the amount of drugs found has a severe impact on your case.
This is not an extensive list of the defenses that could be used in your case. These are just some of the arguments your attorney will evaluate to see if they apply.
The Law Offices of Ralston D. Jarrett
900 2nd Avenue, Columbus, Georgia 31901, United States
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