Advocacy in Connection with Drug Charges
There are numerous drug offenses that are included in the Georgia Code, including charges related to simple possession, possession with intent to distribute, actual distribution, and trafficking. These offenses apply to numerous drugs, including marijuana, cocaine, heroin, fentanyl, and scores of other controlled substances including pharmaceutical drugs. There are cases involving street-level distributors and other cases involving corrupt doctors who sell opioids for no legitimate medical purpose. The sentences range from probation to life in prison, depending on the drug involved, the quantity of the drug involved, and the defendant’s prior record.
Unlike many states, which consider possession of illegal drugs in small amounts as misdemeanors, Georgia treats almost all drug possessions as felonies. The only exception is for marijuana possession, and even then, having more than one ounce of cannabis is considered a felony.
The type of drug and amount will determine what penalties someone charged with felony drug possession faces. In general, though, those charged with felony possession face:
- One to 15 years in prison for Schedule III, IV and V drugs (most steroids, Xanax, Valium and other psychological drug or low-level painkillers)
- Two to 15 years in prison for Schedule I (heroin, LSD, cannabis, Ecstasy, etc.) and II (most opioids like oxycodone, fentanyl, morphine, opium or codeine) drugs
- One to 10 years in prison for possession of more than one ounce of marijuana
Additional penalties include high fines and the mandatory suspension of your driver’s license for six months. Subsequent offenses only increase all of these penalties, as does being caught near a school with illegal drugs.