Possession Controlled Substance

Possession of Controlled Substance in Georgia

In Georgia, being arrested for possession of a controlled substance is a serious matter. Prosecutors typically prosecute controlled substance charges without a desire to reduce or dismiss charges.

If you have been arrested for possession of a controlled substance you need to consult with an experienced drug defense lawyer.

If you’re arrested for possession of a controlled substance you will probably face felony charges. Obviously, a possession arrest includes the police finding incriminating evidence. Any discussion or remarks you make to the police can make your situation harder to defend. You need a lawyer asap!

After you are booked into jail, you will have a intial court appearance where you enter your plea. The judge will set (or refuse) the bail amount. You will then need to post bail bond in order to get out of jail.

The prosecutor will continue building a case against you with a sincere intent to put you in prison. This is time where you need a your own lawyer to fight for dismissal or reduction of charges. In some cases a lawyer can get first offender treatment which greatly lessens the severity of the outcome.

If you hire a lawyer, the case may be settled without a jury trial. Without a lawyer you have virtually no hope of avoiding a prison sentence.

What is a Controlled Substance?

In Georgia, illegal drugs, and pharmaceutical drugs that require a medical prescription, are legally considered controlled substances. Laws in the State of Georgia classifies controlled substances into 5 Schedules.

The exisitng Drug Schedule Laws explain what you can expect when charged with drug possession in Georgia.

Controlled Substance Schedule Classifications

• Schedule I Controlled Substance: drugs (for example, heroin, LSD, mushrooms, ecstasy) are those that are considered to be the most dangerous and having no medicinal value.
• Schedule II Controlled Substance: drugs (for example, cocaine, methamphetamine, Hydrocodone, opium, and Codeine, etc.) are those that are restricted to medical purposes and require a prescription.
• Schedule III Controlled Substance: steroids
• Schedule IV Controlled Substance: Xanax and Valium
• Schedule V Controlled Substance: prescription drugs that have varying potential for abuse.

Penalties for Controlled Substance Charges

Conviction of the unlawful possession of a Schedule I controlled substance, Schedule II narcotic, or Schedule II non-narcotic is a felony with a potential sentence of 2-30 years incarceration.

Conviction of the unlawful possession of Schedule III, IV or V controlled substance is a felony with a potential sentence of 1-5 years incarceration.

Conviction of the unlawful sale or distribution of Schedule I or II controlled substances is a felony with a potential sentence of 1-30 years incarceration. The sale or distribution of Schedule III, IV or V controlled substance is a felony with a potential sentence of 1-10 years incarceration.

Controlled Substance Laws in Georgia

The 2010 Georgia Code, Title 16, Chapter 13, Article 2 covers the regulation of controlled substances in the State of Georgia. Specifically, § 16-13-30 – covers the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties. It reads as follows:

O.C.G.A. 16-13-30 (2010)

• (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his control any controlled substance.
• (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
• (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years.
• (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
• (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years.
• (f) Reserved.
• (g) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than one year nor more than ten years.
• (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
• (j)(1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
• (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.
• (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years.
• (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

Marijuana Possession

Marijuana is not considered to be a controlled substance, however; marijuana possession charges can be serious.

Possession of less than one ounce of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b), punishable by a term of incarceration of not more than 12 months or a fine not to exceed $1,000, or both, or public works not to exceed 12 months. Possession of more than 1 ounce is a felony, punishable by a term of incarceration of between 1 and 10 years.

Possession of marijuana with intent to distribute, or sale, delivery or distribution, depending on the quantity of marijuana, is a felony punishable by a term of incarceration of between one and 30 years, and fines between $100,000 and $1,000,000. O.C.G.A. § 16-13-30(j) and 16-13-31(c).

Federal charges may be brought for some arrests for possession. This is particularly true if the possession involves large quantities and there is an appearance of drug trafficking. If you are facing federal charges you need a defense lawyer that is experienced in federal crimes defense. The run-of-the-mill defense lawyer cannot effectively represent you when facing federal charges.

If you are under investigation for, or have been charged with, possession of a controlled substance you need an experienced drug possession defense lawyer. We invite you to call us at 678-880-9360 to arrange a confidential meeting with a lawyer to learn more.

CREDITS and FOOTNOTES

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