Drug Offenses

Georgia regulates the possession of both illegal and prescription drugs.  Most of the drug charges in Georgia are felonies.  A conviction for a drug offense in Georgia can lead to prison, large fines, and driver's license suspensions.  If you are facing a drug offense in Georgia, contact us immediately for a Free Consultation.

Georgia Controlled Substance Act

The Georgia Controlled Substance Act (VGCSA) provides 5 schedules.  Each schedule is made up of several substances that are similar in their potential for abuse, accepted medical use, and degree of physical and psychological dependence.

• Schedule I
  • Drugs with a high potential for abuse and no accepted medical use.
  • Includes heroin, THC, LSD (i.e. acid), MDMA (i.e. ecstasy), and synthetic marijuana.  see OCGA 16-13-24
• Schedule II
  • Drugs with a high potential for abuse and the potential for psychological or physical dependence hat have some accepted medical uses under severe restriction.
  • Includes cocaine, codeine, morphine, methadone, amphetamine, and methamphetamine.  see OCGA 16-13-26
• Schedule III
  • Drugs with a lower chance of abuse than Schedule II and a low or moderate potential for psychological or physical dependence and an accepted medical use.
• Schedule IV
  • Drugs with a lower chance of abuse than Schedule II and Schedule III and limited potential for psychological or physical dependence.  They have an accepted medical use.
• Schedule V
  • Drugs with the lowest potential for abuse and limited potential for dependence with an accepted medical use.
• Marijuana
  • Is not a schedule drugs but is a controlled substance.

Possession of Drugs in Georgia

It is unlawful for any person to purchase, possess, or have under their control any controlled substance.  OCGA 16-13-30.  The state must show beyond a reasonable doubt that the defendant had knowledge of the drugs and possession of the drugs.

There are two types of possession: actual and constructive.  Actual possession in when a person knowingly has physical control over a thing at a given time.  However, it does not require the substance be on the defendant's person.  Constructive possession is when the person has both power and the intention at a giving time to exercise dominion or control over the drugs.  However, mere presence is not enough, especially when the drugs were hidden.

Possession with Intent to Distribute

It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.  The state must show beyond a reasonable doubt that the defendant intended to sell or distribute the drugs in his possession.  This can be established through the packaging of the drugs, possession of a scale, possession of other drug paraphernalia, possession of certain amounts or denominations of currency, defendant's criminal history of possession with intent to distribute, or amount of drugs possessed is more than usually possessed for personal use.  OCGA 16-13-30(b).

Trafficking

It is unlawful for any person to sell, manufacture, grow, deliver, bring into the state, or possess:

• Cocaine or any mixture with a purity of 10% or more (if purity less than 10%, then trafficking if total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds the quantities in the penalty box)
• Illegal drugs (i.e. morphine, opium, any salt, isomer, or salt of an isomer thereof, including heroin) or any mixture containing any such substance
• Marijuana
• Methaqualone or any mixture containing methaqualone (statute does not state “possess”)
• Methamphetamine, amphetamine, or any mixture containing either, or
• MDMA or any mixture containing MDMA. OCGA 16-13-31(a-f); 16-13-31.1(a).

Penalties for Drug Offenses in Georgia

• Schedule I
  • Possession of any Schedule I or narcotic Schedule II drugs punishable with 1-15 years in prison depending on the amount of substance. OCGA 16-13-30(c).  Third or more subsequent convictions of possession are punishable with up to 30 years in prison depending on amount of substance.
  • Possession with intent to distribute punishable with 5-30 years in prison.  Second or subsequent offense, 10-40 years or life imprisonment.
• Schedule II
  • Possession of non-narcotic Schedule II drugs punishable with 2-15 years in prison.  Third or subsequent convictions of possession are punishable with 1-30 years in prison depending on amount of substance.
  • Possession with intent to distribute punishable with 5-30 years in prison.  Second or subsequent offense, 10-40 years or life imprisonment.
• Schedule III, IV, or V drugs
  • Possession of Schedule III, IV, or V drugs punishable by 1-3 years in prison. Third or more subsequent convictions are punishable with 1-5 years in prison.
  • Possession with intent to distribute punishable by 1-10 years in prison.
• Counterfeit Substances
  • Possession of counterfeit substance punishable by 1-2 years in prison.
  • Possession with intent to distribute punishable by 1-10 years in prison.
• Marijuana
  • Possession of 1 ounce or less is a misdemeanor punishable with 1 year in prison and a fine of up to $1,000.
  • Possession of more than 1 ounce is a felony punishable by 1-10 years.
  • Possession with intent to distribute punishable by 1-10 years in prison.
• Trafficking - maximum sentence not more than 30 years and fine not to exceed $1 million.
  • Cocaine
    • (28g-199g) min. 10Y and 200K fine
    • (200g-399g) min. 15Y and 300K fine
    • (400g or more) min. 25Y and 1M fine
  • Illegal drugs
    • (4g-13g) min. 5Y and 50K fine
    • (14g-27g) min. 10Y and 100K fine
    • (28g or more) min. 25Y and 500K fine
  • Marijuana
    • (10 lbs.-1,999 lbs.) min. 5Y and 100K fine
    • (2K lbs.-9,999 lbs.) min. 7Y and 250K fine
    • (10K lbs. or more) min. 15Y and 1M fine
  • Methaqualone
    • (200g-399g) min. 5Y and 50K fine
    • (400g or more) min. 15Y and 250K fine
  • Methamphetamine or Amphetamine
    • (28g-199g) (if manufacture, 0g-199g) min. 10Y and 200K fine
    • (200g-399g) min. 15Y and 300K fine
    • (400g or more) min. 25Y and 1M fine
  • MDMA
    • (28g-199g) min. 3 to 30Y and 25K to 250K fine
    • (200g-399g) min. 5 to 30Y and 50K to 250K fine
    • (400g or more) min. 10 to 30Y and 100K to 250K fine
• If the drug offense involved a use of a motor vehicle, driver could face a driver's license suspension (OCGA 40-5-75)
  • First conviction in 5 years - mandatory 180 day suspension (6 months).  For reinstatement, must take a DUI Alcohol or Drug Use Risk Reduction Program and pay a reinstatement fee of $210.
  • Second conviction in 5 years (measured from arrest to arrest) - 3 years but may apply to get reinstatement after 1 year from date of conviction. Must take a DUI Alcohol or Drug Use Risk Reduction Program and pay a reinstatement fee of $310.
  •  Third conviction in 5 years (measured from arrest to arrest) - considered a habitual violator

Do I need an attorney?  Why Bray Law?

Drug offenses in Georgia are serious charges.  You could be looking at years in prison and a felony conviction that will haunt you for the rest of your life which will limit your rights as a citizen and your opportunities in work, school, and leisure.

Bray Law can examine your case and determine if there should be any motions filed based upon many constitutional and legal issues which could result in the dismissal or reduction of your case.  In the case of pleading your case, Bray Law can negotiate with the state to get a favorable outcome.  We can also discuss with you the benefits and negatives to pleading first offender or conditional discharge or try to get you into a drug court program in your county.  And, if pleading guilty is not what you want to do, we can take the trial.  Bridgett Bray's unique experience makes her one of the best trial attorneys in Georgia and she is ready to fight for you.  Contact us today for a Free Consultation.