DRUG POSSESSION

Helping You Understand Your Options

Drug crimes

In Georgia, drug crimes carry severe penalties. These penalties depend on:

  • Nature of the offense – Possession, intent to distribute or sell, or trafficking
  • Specific Drug – The specific drug involved (marijuana, cocaine, narcotics, meth, etc.)

An effective defense requires you to have an attorney who understands these drug crime classifications and can work on your behalf.

Penalties for Marijuana Possession

The penalties for marijuana possession are as follows:

  • Possession of 1 ounce or less
    • Misdemeanor
    • One year in prison
    • Fine of up to $1,000.
  • Possession of more than 1 ounce
    • Felony
    • Up to 10 years in prison with one year mandatory
    • Fines of up to $5,000.

Penalties for Drug Possession

Charge of possession of drugs other than marijuana is a felony. Penalties are as follows:

  • Possession of any Schedule I or narcotic Schedule II drugs
    • Punishable with 2-15 years in prison.
    • Subsequent convictions are punishable with up to 30 years in prison.
  • Possession of non-narcotic Schedule II drugs
    • Punishable with 2-15 years in prison.
    • Subsequent convictions are punishable with 5-30 years in prison.
  • Possession of Schedule III, IV, or V drugs
    • Punishable by 1-5 years in prison.
    • Subsequent convictions are punishable with 1-10 years in prison.

Georgia’s Controlled Substances Schedules

Drugs with a high potential for abuse and no accepted medical use. (heroin, LSD, Ecstasy, etc.)

Drugs with a high potential for abuse and the potential for psychological or physical dependence that have accepted medical uses under severe restriction. (Cocaine, Amphetamines, etc.)

Drugs with a lower chance of abuse, low or moderate potential for psychological or physical dependence and accepted medical use. (Depressants, stimulants, anabolic steroids, some barbiturates, and substances or mixtures containing limited amounts of narcotics

Drugs with a lower chance of abuse, limited potential for psychological or physical dependence, and acceptable medical use. (Xanax, Valium, Ambien, etc.)

Drugs with the lowest potential for abuse, limited potential for dependence and accepted medical use. (Medicines that contain very small amounts of specified narcotic drugs)

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