Drug possession is a serious crime in Georgia. Unless you are caught with tiny amounts of marijuana, you are facing felony charges for drug possession. You could end up behind bars for years, depending on your criminal history. Contact Moffitt Law, LLC to speak with a Columbus criminal defense lawyer at our firm. No one should face years in prison for what is a simple mistake.
An attorney at our firm can explain possible defenses in a consultation. Below, we discuss Georgia possession laws, including penalties.
Is Drug Possession a Felony or Misdemeanor?
Drug possession is almost always a felony in Georgia. The one exception is for possessing less than one ounce of marijuana.
Misdemeanor Possession Charge
If you are caught in possession of less than one ounce of marijuana, then you can face misdemeanor charges. You are looking at a maximum of one year in jail and a $1,000 fine. However, if you are caught with more than one ounce, then you are facing felony charges. All other drugs are felonies, even if you are caught with only tiny amounts of them.
Drug Possession Felony in Georgia
Georgia aggressively prosecutes possession of controlled substances. The precise penalties you face will depend on the substance you possess when caught. Georgia has listed controlled substances on various schedules, based on their dangerousness. Drugs that are the most dangerous are listed on Schedule I, and less dangerous or addictive drugs are listed on Schedule II through V.
Your felony punishment will depend on many factors, including the scheduled drug and your criminal history. If you have a prior conviction, then you can expect more time in prison.
Here are the penalties as spelled out in Georgia possession laws:
- Schedule I Drugs (Non-marijuana). A conviction for possession of any Schedule I drug can result in 2-15 years in prison. If you have a prior conviction, then you face 5-30 years in prison. Common schedule I drugs include heroin, LSD, and ecstasy.
- Schedule I Drug (Marijuana). Although listed on Schedule I, Georgia treats marijuana differently. As mentioned above, being caught with less than one ounce is a misdemeanor. However, more than one ounce is a felony, which can net you 1-10 years in prison.
- Schedule II Drugs. A conviction for possession of a Schedule II drug can result in 2-15 years in prison. If you have a prior conviction, then you can face 5-30 years. Common Schedule II drugs include codeine, fentanyl, cocaine, amphetamine, morphine, and oxycodone, among others.
- Schedule III Drugs. A conviction for possession of a Schedule III drug can result in 1-5 years in prison. If you have a prior, then you are facing 1-10 years. Schedule III drugs include some barbiturates and anabolic steroids.
- Schedule IV Drugs. A conviction for possession of a Schedule IV drug can result in 1-5 years in prison. A second conviction can result in 1-10 years behind bars. Many popular prescription drugs fall under Schedule IV, including diazepam (Valium) and Zolpidem (Ambien).
- Schedule V Drugs. A conviction for possession of a Schedule V drug results in 1-5 years in prison. If you have a prior conviction, then you are facing 1-10 years. Many drugs with limited amounts of narcotics are listed on Schedule V.
As you can see, you are facing up to 5 years, at least, for a first-time felony possession charge. That is a long time for having small amounts of drugs.
Downstream Effects of a Felony Charge
Felonies create many problems for our clients, some of whom are quite young and made a simple blunder trying drugs. For example, it is much harder to get a job with any criminal history, including a drug charge. You might also struggle to get a landlord to rent you an apartment.
Felonies also cause many people to lose important civil and political rights, including the right to vote, sit on a jury, or even possess a gun. Although you can try to get rights restored, it’s best to simply fight the drug charges in the first place.
Were You Caught with Drugs? Contact Us Today!
Moffitt Law, LLC, is the go-to firm for anyone facing a drug possession felony or misdemeanor possession charge in Columbus. We realize that people make mistakes. Unfortunately, the state often projects a “tough on crime” image, and the War on Drugs never really ended in Georgia. You need an aggressive criminal defense attorney to defend you and hold the prosecution to its burden of proof. For immediate assistance, please call our firm today.