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Controlled Substance

Drug Crimes Lawyer

Controlled Substances

Defense lawyer for possession controlled substance in Georgia

Controlled substance charges in Georgia are serious. Prosecutors aggressively prosecute controlled substance charges and don't easily decide to dismiss or reduce charges. If you are under investigation, or have been arrested, for possession controlled substance you need to hire an experienced drug defense lawyer.

What Is A Controlled Substance?

In Georgia, illegal narcotics, and drugs that require a medical prescription, are considered to be controlled substances. Laws in the State of Georgia classifies controlled substances into 5 Schedules.

Controlled Substance Schedule Classifications

  • Schedule I Controlled Substance: drugs (for example, heroin, LSD, mushrooms, ecstasy) are those that are considered to be the most dangerous and having no medicinal value.
  • Schedule II Controlled Substance: drugs (for example, cocaine, methamphetamine, Hydrocodone, opium, and Codeine, etc.) are those that are restricted to medical purposes and require a prescription.
  • Schedule III Controlled Substance: steroids
  • Schedule IV Controlled Substance: Xanax and Valium
  • Schedule V Controlled Substance: prescription drugs that have varying potential for abuse.

Penalties for Controlled Substance Charges

Conviction of the unlawful possession of a Schedule I controlled substance, Schedule II narcotic, or Schedule II non-narcotic is a felony with a potential sentence of 2-30 years incarceration.

Conviction of the unlawful possession of Schedule III, IV or V controlled substance is a felony with a potential sentence of 1-5 years incarceration.

Conviction of the unlawful sale or distribution of Schedule I or II controlled substances is a felony with a potential sentence of 1-30 years incarceration. The sale or distribution of Schedule III, IV or V controlled substance is a felony with a potential sentence of 1-10 years incarceration.

Controlled Substance Laws in Georgia

The 2010 Georgia Code, Title 16, Chapter 13, Article 2 covers the regulation of controlled substances in the State of Georgia. Specifically, § 16-13-30 - covers the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties. It reads as follows:

O.C.G.A. 16-13-30 (2010)

  • (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his control any controlled substance.
  • (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
  • (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years.
  • (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
  • (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years.
  • (f) Reserved.
  • (g) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than one year nor more than ten years.
  • (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (j)(1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
  • (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.
  • (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years.
  • (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

If you are under investigation for, or have been charged with, possession of a controlled substance you should call drug crimes defense lawyer Lawrence Zimmerman at 404-351-3000.

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Client Success Stories

We've Helped People Just Like You

Meth Trafficking

Client charged with trafficking in methamphetamine in Cobb County. After an extensive investigation our office proved to the District Attorney’s Office that our client was not involved in the crime.
The charges were dismissed.

Drug Case Reversed, Property Returned

Client was arrested and it was alleged he was selling fifty pounds of marijuana a week. Cobb County MCS obtained a search warrant and found a treasure trove of drugs. We lost a motion to suppress but asked the GA Court of Appeals to overturn it. We were successful and the Court of Appeals reversed the case. Case was dismissed, and ten firearms, $5000 in cash, a Corvette and a motorcycle was returned to my client.

Marijuana Possession

Client pleaded guilty to possession of marijuana in Turner County, Georgia. Our office was hired to handle the post-conviction matter by filing a habeas corpus petition. We discovered that the Solicitor General filed an improper charging document. Thus, the Superior Court agreed and we overturned the conviction.

–State v. Undisclosed

Cocaine Possession

Client charged with possession of cocaine in Cobb Superior Court. Client had a very long criminal history. The prosecutor asked for our client to serve 5 years in prison as a repeat offender. We successfully argued that our client should be sent to a drug rehab facility. The court agreed with us, and he went drug rehab where he was successful.

Drug Sales

Client was accused by the Marietta Cobb Smyrna task force of selling drugs to three undercover officers on two separate occasions. The case proceeded to trial and a jury returned a not guilty verdict within one hour. After the verdict the jurors demanded that the lead case agent be reprimanded and demoted.