Understanding the Statute of Limitations for Drug Charges
If you or someone you care about is being investigated or has been arrested for a drug offense, one of the first questions that may arise is: what is the statute of limitations on drug charges? This critical legal concept governs the period of time during which prosecutors can file charges for an alleged crime. If the time limit expires, you may have a valid legal defense that bars the state or federal government from prosecuting.
At Garland, Samuel & Loeb, we understand the urgency and complexity of drug cases—and the importance of timing under both state laws and federal law. With more than 75 years of litigation success, our criminal defense lawyers use proven legal strategies to challenge time-barred charges, suppress inadmissible evidence, and protect your rights under the criminal justice system.
In this article, you'll learn:
- What the statute of limitations means in Georgia and federal drug cases
- How time limits differ for misdemeanors, felony charges, and federal drug crimes
- How the type and severity of the drug offense impacts prosecution timelines
- Why you need an experienced attorney to interpret and act on these timelines
Factors That Can Affect the Statute of Limitations
The criminal statute of limitations is a core part of criminal law that ensures fairness in prosecution. However, it's not always straightforward. Several key factors determine the applicable time frame for prosecuting drug charges.
1. Georgia Law: Statutory Time Limits are Controlled by the Type of Charge and the Severity of the Potential Punishment.
Different types of drug offenses carry varying time limits. Understanding these distinctions is crucial for developing a solid legal defense strategy.
Shorter Time Periods for Misdemeanors
- Misdemeanor charges (such as drug possession of small amounts of marijuana) must be prosecuted within 2 years (O.C.G.A. § 17-3-1(e)).
Longer Time Periods for Felonies and Trafficking
- Felony charges (like possession, possession with intent to distribute, drug trafficking, distribution, or manufacturing of Schedule 1 substances such as methamphetamine) must be prosecuted within 4 years (O.C.G.A. § 17-3-1(c)).
Even Longer Time Periods for Felonies Punishable by Life
- Felonies punishable by life (such as second conviction for drug distribution or trafficking (O.C.G.A. § 16-13-30(d)) must be prosecuted within 7 years (O.C.G.A. § 17-3-1(b)).
No Time Limit for Felonies Punishable by Death
- Felonies punishable by death (such as felony murder based on a drug sale gone wrong (O.C.G.A. § 16-5-1) may be commenced at any time and have no statute of limitations at all. (O.C.G.A. § 17-3-1(a)).
2. Federal Law: Five-year limitations period for drug crimes
- Most federal crimes, including most federal drug offenses, must be prosecuted within 5 years. (18 U.S.C. § 3282(a))
3. When does the Statue of Limitations Start to Run?
Before you can figure out when the statue of limitations expires, you must first figure out when it begins to run.
- Ordinarily, the statute of limitations begins to run as soon as the crime has been completed. For most crimes that date is easy to determine. For example, with the crime of possession of a controlled substance it is the last date of the possession.
- However, for conspiracies and other continuing crimes it can sometimes be difficult to figure out when the crime is complete.
- A standard conspiracy in federal court consists of two elements: (1) an agreement to commit a crime and (2) an overt act committed in furtherance of the agreement. (18 U.S.C. § 371). Conspiracies will often contain multiple overt acts over a period of time, thus the statute of limitations for such conspiracies begins to run not with the first overt act but with the last.
- However, drug conspiracies under 21 U.S.C. § 846 have no overt act requirement. They only require the agreement and intent. The staute of limitations begins to run with the accomplishment of the conspiracy's objectives, with its abandonment, or with the defendant's effective withdrawal from the conspiracy.
If You Are Facing Drug Charges, Contact Garland, Samuel & Loeb
The statute of limitations may be the key to defending your criminal case—but it must be raised and supported with evidence and legal arguments by a seasoned criminal defense attorney.
With decades of success in state and federal courts, our law firm is known for strategic thinking, fearless courtroom advocacy, and strong attorney-client relationships.
“He was kind, but I knew behind the scenes he was tough, fierce and defending my son in every way he knew possible.” – Leigh Shirley on GSL partner John Garland
“Honestly, I can’t say that I’ve met an attorney quite like her.” – Alisha Monson on GSL Partner Amanda Clark-Palmer
“John was always completely prepared in court.” – Jim Wofford
“Amanda & Kristen will deliver the only acceptable verdict – not guilty on all charges.” – Will
“They prevailed and I was unanimously found not guilty of all charges and fully exonerated.” – Gary Moore on GSL partners Don Samuel and Amanda Clark-Palmer
If you are under investigation or have already been charged, the time to act is now. At Garland, Samuel & Loeb, we can help determine whether the criminal statute of limitations has expired and use that as part of a robust legal defense.
Learn More:
- Visit our Drug Trafficking Defense page
- Explore our Federal Charges capabilities
- Contact us through our law office or call (404) 262-2225 to schedule a confidential consultation
Let our trusted criminal defense lawyers guide you through Georgia’s and the federal government’s complex drug laws. We fight to protect your future, your freedom, and your name.
