The state of Georgia holds strict laws regarding the possession of drugs. Within the state, it is illegal to buy, possess, manufacture, distribute, or sell drugs. The state of Georgia classifies drugs into 5 schedules under the Georgia Controlled Substance Act. Schedule I classifies high-risk drugs of physical and psychological dependence with no medical use. Schedule V drugs are considered a lower risk of dependency with medical use.
When a person is arrested for possession, they can face serious consequences. It is important to enlist the assistance of an experienced attorney if you are facing drug possession charges.
When a person is charged with drug possession, it means they were found with a small enough amount of a controlled substance that can be considered for personal use. The exact amount can vary depending on what type of drug is in the individual’s possession and the purity of the drug.
The consequence a person may face can vary depending on the Schedule drug a person is found with. It is considered a felony if a person is arrested for drug possession with the exception of less than an ounce of marijuana. For the first offense of Schedule I or II drugs, they may face 2 to 15 years in prison, probation, and high fines. For subsequent offenses, the consequences can be upgraded from 5 to 30 years in prison. Those found with a Schedule III, IV, or V drug can face at least 1 to 5 years in prison.
Intent to Distribute
When a person is in possession of a drug with the intent to distribute, it is a much more serious charge. There are many reasons as to why a law enforcement officer may believe there was an intent to distribute. This can include the following:
- The amount is believed to be more than for personal use
- Large amounts of cash were present
- A scale or measuring device was found
- Plastic bags, jars, or packaging was found
- The substance was packaged in separate containers
Similar to drug possession, consequences for the intent to distribute can vary depending on the Schedule drug. For first offenders, intent to distribute Schedules I and II drugs can result in 5 to 30 years in prison. Subsequent offenders may face 10 to 40 years in prison or even a life sentence. Those found with the intent to distribute Schedule III, IV, and V drugs can face one to 10 years in prison. These felony convictions have the power to affect a person for the rest of their life, with the possibility of being kept from certain jobs or finding a place to live.
Contact our Firm
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.