Drug Possession Charges in Georgia


The state of Georgia takes possession of illegal drugs very seriously. An individual who is found in possession of illegal drugs may face severe consequences that have the power to change their lives forever. Penalties surrounding drug charges may depend on the type of the drug and the amount that was in possession at the time of the arrest. Certain offenses, such as the possession of marijuana, is considered a misdemeanor. Other charges, such as the possession of heroin or cocaine, are considered felonies. It is important to consult with an attorney if you have been charged with drug possession.

What is the Controlled Substance Act?

In the state of Georgia, drugs are often referred to as “controlled substances.” The state breaks down the types of controlled substances with a schedule. Each schedule is separated by a drug’s potential for abuse and possible medical use. The list is as follows:

  • Schedule I Drug: A high potential for abuse with no medical use
  • Schedule II Drug: A high potential for abuse/addiction with restricted medical use
  • Schedule III Drug: A lower chance of abuse with an acceptable medical use
  • Schedule IV Drug: An even lower chance of abuse with acceptable medical use
  • Schedule V Drug: The lowest possibility of abuse with acceptable medical use

If you have been charged with a drug crime, it is important to understand Georgia’s schedule of controlled substances. Drugs such as marijuana, heroin, LSD, and MDMA are listed under Schedule I drugs. Schedule II drugs include cocaine, codeine, morphine, hydrocodone, and methadone. Schedule III drugs include ketamine, anabolic steroids, and suboxone. Schedule IV drugs include illegal prescription drugs, such as Ambien, Xanax, Valium, and more.

Most penalties for possession crimes follow the schedule and severity of the drug in question. Majority of drug crimes are charged as felonies. Schedule I and II drug charges may result in 2-15 years in jail. Schedule III, IV, and V drugs may result in 1-5 years in jail.

Marijuana Laws

Over the years, opinions and laws relating to marijuana have changed. In the state of Georgia, marijuana is still illegal but the consequences of marijuana possession do not follow the state’s controlled substance schedule. While this is true, being charged with possession of marijuana has the potential to negatively impact an individual’s future. If you are charged with less than one ounce, it is known as simple possession. This may result in one year in prison with a $1000 fine. Anything more than one ounce is considered to be a felony, possibly resulting in up to 10 years in prison with larger fines. Consequences may also increase if there was evidence of intent to distribute.

Contact our Firm

If you or someone you know has been arrested in connection with a drug crime, contact The Alfred Law Firm, LLC. today.

Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.

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