Drugs are found everywhere in our society, and while most are illegal, some are considered a less serious offense when found in possession of someone being arrested.
Any substances that are deemed controlled substances by the federal government and listed in the DEA’s Scheduled Substances list are also illegal under Georgia state law (The Georgia Controlled Substances Act).
Many illegal drugs are considered misdemeanor offenses; however, some are considered more serious and are designated felonies. Being convicted of a misdemeanor possession offense will come with much more lenient penalties than a felony, as well as lower potential fines.
From our team of Marietta drug crime defense lawyers at the Frye Law Group, here’s what you need to know about controlled substance offenses in Georgia.
Understanding the Georgia Controlled Substances Act
The Georgia Controlled Substances Act (OCGA § 16-13-1) lists all controlled substances that are illegal to possess in the state of Georgia. These substances are classified into five “schedules” based on their potential for abuse, medical use, and safety concerns. The schedules are as follows:
- Schedule I: These substances are considered to have the highest potential for abuse and no
- Schedule I: Drugs with the highest potential for abuse and no currently accepted medical use (e.g., heroin, LSD).
- Schedule II: Drugs with a high potential for abuse but some accepted medical use (e.g., oxycodone, cocaine).
- Schedule III: Drugs with a moderate potential for abuse and some accepted medical use (e.g., codeine, some steroids).
- Schedule IV: Drugs with a low potential for abuse and some accepted medical use (e.g., Xanax, Valium).
- Schedule V: Drugs with the lowest potential for abuse and accepted medical use (e.g., some cough syrups).
This classification system plays a significant role in determining the severity of possession charges in Georgia.
Possession Charges: Felony vs. Misdemeanor
Possession of a controlled substance in Georgia can be charged as either a felony or misdemeanor offense, depending on the type and amount of drug found in possession. The penalties for these offenses vary significantly, with felonies carrying much harsher consequences.
Felony Possession
In Georgia, getting caught with illegal drugs typically results in felony charges. This is especially true for drugs with a high potential for abuse, classified under Schedules I and II of the Controlled Substances Act (like heroin or cocaine). No matter how much of these substances you have, possession is a felony and could lead to serious penalties like prison time.
Misdemeanor Possession
There is one main exception to the felony rule: possession of a small amount of marijuana (less than one ounce). This is considered a misdemeanor offense, which generally carries less severe penalties like jail time, fines, or probation. It’s important to remember that even a misdemeanor possession charge can have lasting consequences, so it’s always best to consult with a lawyer if you’re facing drug charges.
Conditional Discharge for First-Time Offenders
Georgia law provides a potential relief option through conditional discharge under O.C.G.A. § 16-13-2 for first-time drug possession offenders. This program offers eligible defendants the opportunity to avoid a conviction by successfully completing court-mandated requirements.
Under conditional discharge, the court postpones entering a judgment of guilt while the defendant completes a probationary period. Typical requirements include:
- Regular drug testing
- Substance abuse treatment or counseling
- Community service
- Payment of court costs and program fees
- Maintaining employment or education
- Avoiding new criminal charges
Upon successful completion of all requirements, the court dismisses the charges, and the defendant avoids a conviction on their record. However, failure to meet these conditions can result in the court entering a conviction and imposing standard sentencing.
Not all defendants qualify for conditional discharge. Eligibility typically requires:
- No prior drug convictions
- No previous participation in a conditional discharge program
- The current charge must be for simple possession
- The prosecutor and court must agree to the arrangement
This program particularly benefits young adults and those who made a one-time mistake, offering a chance to maintain a clean record while addressing substance abuse issues.
Common Defense Strategies in Drug Possession Cases
Defense attorneys employ various legal strategies to challenge drug possession charges in Georgia. Each defense must be carefully evaluated based on the specific circumstances of the case and available evidence.
Fourth Amendment Violations Law enforcement must follow strict constitutional requirements when conducting searches and seizures. Common defense opportunities arise from:
- Searches conducted without valid warrants
- Traffic stops without reasonable suspicion
- Vehicle searches without probable cause
- Illegal pat-downs or personal searches
- Evidence obtained through unlawful surveillance
Lack of Knowledge or Possession Prosecutors must prove the defendant knowingly possessed the controlled substance. Strong defenses can be built around:
- Lack of awareness of the drug’s presence
- Multiple people having access to where drugs were found
- Belongings or vehicles borrowed from others
- Temporary proximity to substances without actual control
Procedural and Evidence Challenges Technical aspects of the case often provide grounds for defense:
- Break in chain of custody for evidence
- Improper handling of drug testing procedures
- Laboratory testing errors or contamination
- Missing or incomplete documentation
- Failure to read Miranda rights
Entrapment and Police Misconduct In some cases, law enforcement conduct may provide valid defenses:
- Coercion or improper pressure from undercover officers
- Manufactured criminal opportunities
- Evidence tampering or planting
- Violation of department procedures
- Misconduct during arrest or processing
These defenses require thorough investigation and documentation to be effective. Our attorneys analyze every aspect of the arrest and evidence collection to identify potential constitutional violations or procedural errors that could lead to dismissal or reduction of charges.
Seeking Legal Counsel
If you or someone you know is facing charges for possession of a controlled substance in Georgia, it’s essential to seek legal counsel as soon as possible. A skilled and experienced attorney can help navigate the complex Georgia drug possession laws and the potential consequences associated with these charges. They may also be able to negotiate a plea deal or potentially get the charges reduced or dismissed.
At the Frye Law Group, our team of dedicated and knowledgeable lawyers is here to provide effective defense strategies for drug possession charges. We understand the seriousness of these offenses and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Contact us today for a consultation.