The Georgia court system takes a hard stand against illegal drug use with resulting sentences often giving the label of convicted felon in addition to years of jail time and hefty fines. The Controlled Substances Act (CSA) enacted into law in 1970 is the Federal drug possession policy that regulates the manufacture, importation, possession, use and distribution of specific drugs that are often used illegally. Drug possession of even a small amount of an illegal drug or possession of drug related paraphernalia without the actual drug may result in the judge sentencing you to the mandatory minimum sentence for Georgia drug possession.
Mandatory Minimum Georgia Drug Possession Sentence
The mandatory minimum sentence for Georgia drug possession means that the court cannot sentence you to serve less time than the mandatory minimum. In addition, you would not be able to receive an early parole until after the minimum sentence in jail has been served for drug possession. According to the Georgia Drugs and Narcotics Agency, Georgia drug possession guidelines assist the court in determining what the mandatory minimum punishment would be. As an example, for drug possession of marijuana, sentencing could result in a misdemeanor or felony charge with jail time ranging from 1-year to 10-years of jail time, even if this is a first offense.
Georgia Drug Possession Criminal Code
The penalty in the State of Georgia for drug possession will vary dependent on the type of illegal drug, the amount of illegal drug you have, your intention to use or sell, and if this is your first, second or third offence for drug possession. In Georgia, drug possession of marijuana can carry jail time of up to 10 years, while drugs such as heroin, LSD, ecstasy, cocaine, oxycodone or methamphetamines can carry jail time of up to 30-years for second offenses. The Georgia Criminal Code describes 5-schedules of controlled substances with most felony drug possession charges falling into the Schedule I or Schedule II categories.
- Schedule I includes drugs such as Heroin, LSD, MDMA and Ecstasy; all of these drugs have a high potential for abuse and are not used for medical treatment
- Schedule II drugs with a high potential for abuse and are also used in medical treatment include Cocaine and Amphetamines
- Schedule III drugs are controlled substances which are often abused and are used in medical treatment. These drugs include depressants, stimulants, and anabolic steroids.
- Schedule IV while similar to Schedule III medications have less of a potential for abuse in the community. These drugs include various depressants and stimulants.
- Schedule V are controlled substances with a lowered potential for abuse and are frequently used for medical treatment. These medications include certain narcotics that are often mixed with other agents for prescription use.
Atlanta Georgia Drug Possession Attorney
Whether this is your first, second, or even third offense having a proven expert Atlanta drug possession attorney heading up your case will give the best opportunity to reduce or remove the charges, receive a conditional discharge without a conviction or guilty plea on your record, or be placed on probation instead of jail time. Conviction of a felony will affect your job, the privilege of holding a driver’s license, your ability to receive financial aid for education, your ability to buy a home, and your standing in the community.
Choosing the right Georgia drug possession lawyer is critical to explore all options and protect your constitutional rights while working to avoid a criminal conviction for drug possession. You only have once chance to avoid criminal charges and challenge State’s evidence against you – Call Lisa L. Wells, Attorney At Law, your Atlanta area drug possession attorney today.