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Georgia Drug Crime Defense

Misdemeanor Marijuana Possession

Georgia has a special statute that makes possession of less than one ounce of green marijuana a misdemeanor offense under the law. That code section is O.C.G.A. 16-13-2(b) which states “Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months.” This misdemeanor marijuana possession statute is only valid for marijuana possession in plant form. If the marijuana has been extracted for wax, live resin, sauce, tincture, hash, or any other oil or edible, you will be charged with a felony under the felony statute regardless of the weight or amount of marijuana.

Metro Atlanta Marijuana Possession Defense

Felony Drug Possession

It is unlawful for any person to purchase, possess, or have under their control any controlled substances under Georgia law. Violations of the Georgia Controlled Substances Act (commonly referred to as VGCSA) that do not involve less than one ounce of marijuana in plant form are felonies under Georgia Law. O.C.G.A. 16-13-30 outlines the classification and penalties for possession of controlled substances. Marijuana is not a scheduled substance under the Georgia Controlled Substances Act, but it is regulated and controlled under Chapter 13 of Titled 16 of the Official Code of Georgia.

Possession can be actual, physically have it on their person, or in their vehicle, or in their room which they only have access, or constructive, meaning they know where is is and have the ability to exercise dominion and control over the controlled substance. Possession can also be singular or joint (more than one person) depending on the circumstances.

Punishment of felony possession of drugs under Georgia law can be as little as one year up to as many as 15 years depending on the substance. It is important to know that some substances depending on the weight possessed are classified more severely as trafficking under Georgia law. These violations involve enhanced sentencing, fines, and other legal issues an experienced Georgia drug attorney can help you navigate.

Scheduled of Controlled Substances under Georgia Law

The following is a list of substances and their Schedules under Georgia law:

Schedule I (1) Substances - Pharmaceuticals that are classified as opiates and their derivatives, MDA or Ecstasy, MDMA, DMT (Dimethyltryptamine), LSD (Lysergic acid diethylamide), Peyote, Mescaline, Mushrooms (Psilocybin), Fentanyl, Heroin, and Morphine among others.

Schedule II (2) Substances - Schedule 2 substances contain Opium, Fentanyl, Amphetamines including ADHD drugs like Ritalin and Adderall, Methamphetamines, Cocaine, Crack Cocaine, Barbiturates, Codeine, Hydrocodone, and Oxycodone among others.

Schedule III (3) Substances - Schedule 3 or the stimulant category includes Anabolic Steroids and Ketamine among other substances.

Schedule IV (4) Substances - Schedule 4 drugs include Xanax, Valium, Ativan, Tramadol, Ambien, and Soma among others.

Schedule V (5) Substances - Includes pseudoephedrine.

Possession with Intent to Distribute

Being charged with Possession with Intent to Distribute is a more serious violation under the Georgia Controlled Substances Act. Possession with Intent to Distribute involves the manufacture, delivery, distribution, dispensing, administering, or the possession with the intent to do any of the above of any controlled substance. To be found guilty of possession with intent to distribute, prosecutors must establish that you did more than possess the controlled substance. Prosecutors need to establish that you intended to make, sell, deliver, or distribute the controlled substance.

This makes intent the key argument in establishing a possession with intent to distribute charge. Often I will see people charged with a small amount of a drug, but have baggies, a scale, large amounts of money, and other things that cause the police to charge the person with intent to distribute.

Convictions for Possession with Intent to Distribute charges are not eligible for Conditional Discharge (or Drug First Offender) under Georgia law. Second and subsequent convictions may include mandatory minimum sentencing.

Georgia Drug Trafficking

 

Drug Trafficking charges differ from possession and possession with intent to distributed charges under Georgia law in that once a minimum weight of the controlled substance is reached, it can be charged as trafficking under Georgia law. Weights for specific drugs are as follows:

  • Cocaine (assuming at least 10% purity) - 28 grams or just under 1 ounce

  • Illegal drugs including LSD, Heroin, Morphine, and many of the drugs found in Schedule I and II of the controlled substances list - 4 grams

  • Marijuana - 10 pounds

  • Methaqualone - 200 grams

  • Methamphetamine or Amphetamine - 28 grams or just under 1 ounce

  • MDMA or Ecstasy - 28 grams or just under 1 ounce

Due to the nature of the trafficking statute, mere possession is enough to establish trafficking once minimum weights of substances are reached. Also, for the purposes of the trafficking statute a sample size of the overall quantity can be tested in place of the entire weight. Drug Trafficking charges involve high mandatory minimum fine amounts beginning at $25,000 and increasing to $1,000,000.

Pre-Trial Diversion, Conditional Discharge, and First Offender Consideration for Georgia Drug Charges

Georgia law offers a few options for those charged with drug offenses to resolve their case by getting the charges dismissed without risk of trial. These options are not available in all situations, but are available in most jurisdictions in the State of Georgia depending on your criminal history and specific charge.

Pre-Trial Diversion is often an option for misdemeanor marijuana offenses and simple possession charges if you have never been arrested before. This does not necessarily mean no charges on your criminal history, but usually means the first time you have ever been arrested, even if that arrest has been expunged or restricted. Diversion often involves classes, community service, clean screens, and a program fee. Depending on the specific charge, there could be additional requirements. Someone accused of committing a drug offense in Georgia has no right to diversion under Georgia law. Diversion programs are usually managed by the prosecuting office, and once the terms of the program are successfully completed, the prosecuting office will dismiss your charges in court.

Conditional Discharge is an option available to all eligible citizens under Georgia law. The conditional discharge statute, O.C.G.A. 16-13-2 is available to anyone accused of committing a drug possession offense in Georgia who has never been previously convicted of any drug charge in any state or by the United States. Conditional discharge requires a defendant to enter a plea, and upon successful completion of their sentence their case will be dismissed and their arrest record will be restricted under Georgia law. Conditional discharge is not eligible for possession with intent to distribute or trafficking charges. And it may not be an option if you have used a similar program in another state.

The last option you have to resolve your drug charge is through a first offender plea. The Georgia First Offender statute, O.C.G.A. 42-8-60 is eligible to possession, possession with intent, and trafficking charges under Georgia law. It is eligible to any person who has never been convicted of a felony at the time of their plea. If first offender treatment is granted, the court will sentence the defendant, withhold entering the sentence, and after successful completion of the sentence, the defendant’s conviction will be dismissed and their record will be restricted. However, if the defendant does not complete their sentence, the Judge has the ability to revoke the defendant’s first offender sentence and re-sentence them to the maximum punishment provided under the law. First offender has great benefit, but also involves substantial risk if the person does not successfully complete their sentence.

Arrests at Hartsfield-Jackson International Airport

While marijuana may be legal for recreational use in many states, it is still illegal in Georgia. I’ve represented many people who have brought marijuana through Hartsfield-Jackson International Airport. Bags containing marijuana are often x-rayed and flagged at the departing airport after the luggage has been checked by passengers. Upon arrival in Atlanta, Airport Police meet the bag owner as they pick their bag off the carousel. Suspects are immediately arrested and taken to the Clayton County Jail for questioning and booking. Once at the Clayton County jail suspects may wait weeks prior to a bond hearing due to the seriousness of an offense. An attorney experienced with dealing with airport drug arrests can reach out to the necessary parties to try to get a bond set prior to court.