Drug possession laws can be challenging to understand. Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. Contact a drug charges defense lawyer<\/a> if you are under investigation, or have been arrested, for breaking drug possession laws related to marijuana, controlled substances, narcotics, or paraphernalia.<\/p>\n It\u2019s obvious that if you\u2019ve been charged with trafficking or distribution you\u2019re extremely likely to be headed to prison for quite a while. But what about charges that you think are no big deal? Depending on the circumstances of your arrest, and the attitude of the prosecutor\u2019s office, things could get ramped-up and aggressively pursued in a trial. <\/p>\n What is a controlled substance?<\/strong> A controlled substance is any pharmaceutical or narcotic that is regulated by law. The Georgia laws on controlled substances can be found in Georgia Code Title 16. Crimes and Offenses \u00a7 16-13-1<\/strong>. The exact wording of the law can be found on the FindLaw website, and is as follows:1<\/sup><\/p>\n The federal government has established a Drug Schedule<\/a> which classifies pharmaceuticals and narcotics known to be abused.<\/p>\n It is important to note that even if a substance is not specifically cited in the Drug Schedule, certain substances can be claimed to be covered under federal law. The United States Drug Enforcement Administration website states, \u201ca substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. (See 21 U.S.C. \u00a7802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. \u00a7813 for the schedule.)\u201d2<\/sup><\/p>\n Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.<\/p>\n Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin<\/p>\n Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone<\/p>\n Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol<\/p>\n Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin<\/p>\n An example of legal vs.illegal possession:<\/strong> Prescription drugs are a common example of a controlled substance. If, during a search, \npolice find a controlled substance on you or in your car it is not a problem if the drug is in it\u2019s labeled container which bears your name. If you have a controlled substance on you or in your car and it is not in its properly labeled \npharmaceutical container you are in trouble. If the substance is in it\u2019s proper container, but your name is not on the label, you need to have a valid reason to have it to avoid arrest and prosecution.<\/p>\n Illegal possession generally comes down to having physical possession or control of the substance (i.e., in side of your vehicle) without permission or legal reason to have it. <\/p>\n Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. Anyone arrested on drug charges could face both State and Federal charges.<\/p> \n\n Per the legal scholars at Emory University, as stated on their website, \u201cUnlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non- narcotic is felony punishable by a term of incarceration of 2 to 30 years, depending on the quantity. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Unlawful sale\/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity. Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. 3<\/sup><\/p>\n For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties<\/a><\/p>\n In Georgia, under O.C.G.A. \u00a7 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. It\u2019s worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. <\/p>\n Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. Possession of marijuana with intent to distribute, or sale, delivery or distribution, depending on the quantity of marijuana, is a felony punishable by a term of incarceration of between one and 30 years, and fines between $100,000 and $1,000,000. O.C.G.A. \u00a7 16-13-30(j) and 16-13-31(c).<\/p>\n While possession of commercially avalaible CBD products are legal, possession of edibles is a crime. The term edibles<\/em>, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.)<\/p>\n The results in a criminal case depend on the circumstances and specifics of the case. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. If you have been arrested, time is not on your side. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces.<\/p>\n After conversations with the accused, an attorney can contact the prosecutor\u2019s office to discuss the case. An attorney wants to gauge the strength of the prosecutions case, the attitude of the prosecutor, and learn what evidence they have to support their case.<\/p>\n A criminal defense attorney first wants to attempt getting all charges dropped. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work.<\/p>\n If you are a first-time offender, your chances for leniency are reasonably good. This means alternative sentencing or probation may be possible. If you have a prior arrest, or charged with very egregious crimes, you are probably unable to get First Offender treatment.<\/p>\n\n Learn about laws and penalties for possession of controlled substance, illegal substances, and drug paraphernalia in Georgia.<\/p>\n","protected":false},"author":2,"featured_media":261,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jnews-multi-image_gallery":[],"jnews_single_post":{"subtitle":"","format":"standard","video":"","gallery":"","source_name":"","source_url":"","via_name":"","via_url":"","override_template":"0","override":[{"template":"5","single_blog_custom":"","parallax":"1","fullscreen":"0","layout":"right-sidebar","sidebar":"default-sidebar","second_sidebar":"default-sidebar","sticky_sidebar":"1","share_position":"bottom","share_float_style":"share-monocrhome","show_share_counter":"1","show_view_counter":"1","show_featured":"1","show_post_meta":"1","show_post_author":"0","show_post_author_image":"1","show_post_date":"1","post_date_format":"default","post_date_format_custom":"Y\/m\/d","show_post_category":"0","show_post_reading_time":"0","post_reading_time_wpm":"300","show_zoom_button":"0","zoom_button_out_step":"2","zoom_button_in_step":"3","show_post_tag":"0","show_prev_next_post":"0","show_popup_post":"0","number_popup_post":"1","show_author_box":"1","show_post_related":"1","show_inline_post_related":"0"}],"override_image_size":"0","image_override":[{"single_post_thumbnail_size":"crop-500","single_post_gallery_size":"crop-500"}],"trending_post":"0","trending_post_position":"meta","trending_post_label":"Trending","sponsored_post":"0","sponsored_post_label":"Sponsored by","sponsored_post_name":"","sponsored_post_url":"","sponsored_post_logo_enable":"0","sponsored_post_logo":"","sponsored_post_desc":"","disable_ad":"0"},"jnews_primary_category":{"id":"","hide":""},"footnotes":""},"categories":[23,24],"tags":[55,56],"class_list":["post-258","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-defense-lawyers-georgia","category-federal-crimes","tag-drug-possession-laws-in-georgia","tag-marijuana-possession-laws-in-georgia"],"yoast_head":"\nAny Possession Charge Can Have Severe Consequences<\/h3>\n
What is a Controlled Substance<\/h2>\n
\n
The Federal Drug Schedule<\/h3>\n
The Federal Drug Schedule<\/h2>\n
What is a Schedule 1 Drug<\/h3>\n
What is a Schedule 2 Drug<\/h3>\n
What is a Schedule 3 Drug<\/h3>\n
What is a Schedule 4 Drug<\/h3>\n
What is a Schedule 5 Drug<\/h3>\n
What Is Illegal Possession of a Controlled Substance?<\/h3>\n
The Severity of Drug Possession Charges<\/h2>\n
Factors That Affect Your Sentencing<\/h3> \n
\n
Drug Possession Sentencing Guidelines<\/h3>\n
\n
Marijuana Possession in Georgia<\/h2>\n
How to Beat a Possession Charge in Georgia<\/h2>\n
What Are Potential Outcomes<\/h3>\n
\nFOOTNOTES<\/h4>\n
\n