If you fight against a drug possession charge on your own or with a criminal defense attorney that has limited experience litigating such cases, you can find yourself facing a large number of years incarcerated in the Georgia state prison system. Despite the push in the United States to at least decriminalize the possession of Cannabis, the fact remains Georgia imposes some of the harshest penalties in the country for drug possession. Like its neighbor to the south, Florida, the Georgia penal system has no tolerance when it comes to drug possession charges.
However, since Georgia has a severe prison overcrowding problem, a Georgia licensed criminal defense attorney that has compiled a record of successfully litigating drug possessions cases might be able to help exonerate you of all charges.
If you face drug possession charges, the penalties imposed by the court depends on several factors:
The last factor boils down to whether a defendant planned to use the drug or sell the drug. Drug possession penalties for selling outlawed drugs typically are harsher than the penalties involved for simply using a banned controlled substance.
Overview of Drug Possession Law
Georgia State drug laws follow a classification system established by the United States government. The Drug Enforcement Agency (DEA) separates drugs into Schedules, with Schedule I controlled substances bring about the most serious drug possession charges.
Here are many of the Schedule I drugs:
Here are most commonly used Schedule II drugs:
Take note of how the federal government views Cannabis as a more serious illicit drug threat than the threat posed by cocaine or methamphetamine. Drug classification plays a huge role in determining the penalties for drug possession in Georgia. Drug laws in Georgia prohibit the possession of any of the drugs listed in Schedules I and II. Violating drug possession laws in Georgia can lead to charges that can send defendants to jail for extended periods.
For avoiding the harsh reality of drug possession penalties, we encourage anyone charged with drug possession to contact an experienced Georgia criminal defense lawyer who specializes in litigating drug possession cases. Only by working with a lawyer can you expect to present a compelling defense that leads to exoneration.
What Does Possession Mean
We have discussed the drugs that are prohibited for possession in Georgia. Now, let us examine how the state defines the word “Possession.” Georgia defines “Possession” several different ways, with simple possession defined as when one person or a group of people are carrying illicit drugs for personal consumption. Possess with intent to distribute includes possessing outlawed drugs for selling purposes, as well as giving away illegal drugs. Drug possession with the intent to distribute charges depend on the amount of an illegal drug confiscated by law enforcement.
Law enforcement officers frequently take into account items discovered near where the illegal drugs were found. Items such as cash, scales, and record books often lead to the conclusion that the drugs confiscated were meant for sale. Georgia law also defines possession to mean finding illegal drugs in a home and/or a vehicle, as long as there is proof the drugs were under the control of the owner of the home and/or the vehicle.
Regardless of the type of drug possession charge, you need an accomplished drug possession attorney on your side fighting for your rights. Your criminal defense lawyer will be a strong advocate for your rights by cross examining witnesses and presenting evidence that benefits your case.
Marijuana and Georgia Drug Possession Laws
Although more than a dozen states have legalized marijuana and many more states have decriminalized the drug, Georgia continues to treat possessing it as a serious offense. An amount of possessed marijuana that exceeds one ounce carries with it a felony offense that can result in a jail sentence ranging from one to 10 years. Possessing less than one ounce of Cannabis is considered a misdemeanor, which carries up to $1,000 in fines and one year in prison. The prison sentence for the possession of the other Schedule I and II drugs is between two and 15 years for first offenders. In addition, drug possession convictions in Georgia means the revocation of a driver’s license that spans six months for first offenders and one year for second offenders.
Contact Greer Tisinger
Whether you face first time drug possession charges in Georgia or have to deal with a drug possession charge for the third time, your criminal defense attorney will give you the best chance to beat the charges. The highly rated team of criminal defense lawyers at Greer Tisinger have a tremendous record of helping clients win drug possession cases. Our legal team is highly skilled at negotiating with prosecutors to ensure clients avoid spending any time behind bars. We understand the pressure faced by clients charged with drug possession, and our empathy gives us a sense of urgency to have a court exonerate our clients.
Contact one of our criminal defense attorneys to schedule a free initial consultation for discussing your drug possession case. Call us at 404-566-6634 or submit the convenient form displayed on our website.
When you are facing a challenging situation, you do not need to do it alone. We can help. Turn to Greer Tisinger. To
schedule a free initial consultation, call 770-836-8327 or contact us online.