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Georgia drug laws and penalties can be confusing to understand and overwhelming charges to face. In Georgia, every charge for a drug crime is serious, and there aren’t any small drug charges. Regardless of the type of substance or the specific amount involved in a case, all drug crimes that end up on your record might severely impact your future.

As a result, each and every drug crime charge is important to fight against with the most zealous, experienced attorney possible.

Georgia Drug Laws

Drug possession charges in Georgia can result in criminal charges for controlled substances ranging from a minor misdemeanor to a more serious felony. Charges depend on the type and amount of illegal drugs involved in your specific case. It’s illegal to possess any controlled substances obtained without a valid medical prescription or license.

The Georgia Controlled Substances Act has classified controlled substances into five separate categories or schedules based on their potential for abuse versus their potential for acceptable medicinal use.

Georgia Penalties and Legal Consequences

In Georgia, formal arrests for unlawful drug possession are prosecuted under felony crime consequences. As a result, the penalties and legal consequences for unlawful possession of controlled substances are as follows:

• Possession of a Schedule I or a narcotic Schedule II drug usually by law can result in 2-15 years of incarceration, and a later illegal drug possession conviction can result in 30 years of incarceration or less.
• Possession of a non-narcotic Schedule II drug usually by law can result in 2-15 years of incarceration, and a later illegal drug possession conviction can result in 5-30 years of incarceration.
• Possession of a Schedule III, IV, or V drug usually by law can result in 1-5 years of incarceration, and a later illegal drug possession conviction can result in 1-10 years of incarceration.

A knowledgeable attorney can discuss the potential penalties and legal consequences for other drug-related charges with you.

Several Factors May Influence Legal Consequences in Georgia

Being convinced of a drug crime can have catastrophic consequences in your personal and professional life. The severity of the charges and penalties typically depends on how the drug is classified under relevant state and federal laws, the specific amount involved in your drug charges, and the factual circumstances of how they were contained.

First-time drug offenders typically face incarceration or alternative consequences depending on the following:

• The quantity and the type of illegal drugs involved. Typically, more potent drugs or larger quantities might have more serious consequences.
• Any prior criminal record.
• The person’s intent, whether it’s personal use or intent to sell.
• Their cooperation with law enforcement.
• Any mitigating circumstances that might affect the case.

Consequences of a conviction can go beyond just jail time and might include fines, probation, loss of your driver’s license, or difficulty finding employment. As a result, it’s crucial to find a knowledgeable attorney to help explore all options and to provide comprehensive legal help throughout your case.

FAQs

Do First-Time Drug Offenders Go to Jail in Georgia?

In Georgia, alternatives to jail time exist for first-time drug offenders. Eligible individuals can get probation instead of jail time and sometimes can get their charges dismissed. Another option is conditional discharge, in which you agree to probation and potential fines instead of jail time. First-time offenders also typically get a six-month suspension of their Georgia driver’s license. A defense attorney can further discuss all the consequences first-time offenders might face.

How Many Grams of Any Illegal Substance Is Considered a Felony in Georgia?

Pursuant to Georgia laws, for marijuana, possession of under one ounce is considered a misdemeanor, resulting in a fine of up to $1,000 plus one year of jail time. Possessing a Schedule I or II drug can be a felony and can result in 2-15 years of incarceration for a first offense. Possession laws can be complex and have serious consequences, which is why it’s important to speak with a knowledgeable attorney about Georgia felony consequences for drug convictions.

What Is the Minimum Sentence for Drug Possession in Georgia?

In Georgia, under O.C.G.A., it’s illegal for any person to possess any controlled substance. A conviction for illicit drug possession for a Schedule I drug is treated as a conviction for a felony, and the punishment typically depends on the amount of drug in someone’s possession. The amount of prison time given as a punishment for possession can be hard to estimate. An attorney’s experience can be helpful in this situation.

What Has to Be Proven to Be Convicted of Possessing a Schedule I Drug in Georgia?

To be convicted for Schedule I drug possession in Georgia, there must be proof that the accused is guilty of possession beyond a reasonable doubt. Since it’s generally unlawful for someone to possess a controlled substance, the state of Georgia must prove actual possession or that someone had control over a specific unlawful drug.

Defenses include unknowing possession, an illegal stop, lack of possession, or innocence. An attorney can help you explore your available defenses.

Are Cannabis Edibles Legal in Georgia?

In Georgia, cannabis edibles, or ingestible products that include any amount of THC oil, are illegal. At this point, gummies, brownies, caramels, etc. are unlawful. However, Georgia is slowly starting to legalize more THC products for strictly medicinal purposes.

As a result, the relevant cannabis edible laws in Georgia may change over time to legalize these products. For now, cannabis edibles remain unlawful. If you’re accused of an offense involving edibles, speak with a knowledgeable Georgia defense attorney.

An Experienced Defense Attorney Can Further Discuss Georgia Drug Crime Laws and Consequences

If you are facing criminal charges involving drug crimes, it’s crucial to defend yourself and speak with a seasoned criminal defense attorney right away. With our extensive experience on your side, you can positively resolve your case.

The Law Office of Lawrence J. Zimmerman can provide confidential legal counsel in your individual case and give you the comprehensive legal representation you need. Contact our legal team today and set up an initial consultation.