The State of Georgia takes drug offenses very seriously, and that is reflected in the Georgia drug possession laws. Many drug offenses can land you in prison and you need an attorney you can trust to get you the best results. As a Former Prosecutor, we have seen people come into court without an Attorney, and it never went the way they thought.
If you are being charged with possession, it is important you know that your potential sentence depends on the type of drug you were caught with. Drugs are classified by “schedules”, in accordance with federal classifications.
Georgia Drug Classifications
Drugs classified under Schedule I include heroin, peyote, LSD, GHB, ecstasy (MDMA/Molly), and hallucinogenic mushrooms.
Schedule II drugs include: raw opium, morphine, oxycodone, cocaine (including crack-cocaine), fentanyl, methadone, and methamphetamines.
Schedule III drugs include some steroids such as testosterone and ketamine.
Some drugs under schedule IV include clonazepam, diazepam, and Phenobarbital.
Schedule V includes drugs that have low levels of codeine, opium, and ethylmorphine.
These lists are not exhaustive. Some drugs are listed in more than one schedule depending on the concentration of the chemical elements in the drugs. Many prescription drugs are included in the schedules as a method of controlling illegal and improper usage.
The way that the State of Georgia defines possession is important in determining if someone is guilty of a possession charge.
In Georgia, possession can be “actual” or “constructive”. This simply means that the drugs do not have to be in your pocket or on your person in order for you to be charged and found guilty of possession.
If you have control over the drugs, whether they are in your glove compartment or on your coffee table, is what determines if you are in possession of the drugs.
Also, if an officer sees you throw or attempt to hide a package that is later determined to contain drugs, you can be charged with possession.
If you are convicted of possession, your license will be suspended. If this is your first offense, there is a mandatory suspension of 6 months. If this is your second offense, you will lose your license for 1 year. If this is your third or subsequent possession charge, you will lose your driver’s license for at least 2 years..
If you or someone you know has been arrested in Atlanta on a Drug charge, then contact the Howard Law Group ASAP so we can be in the court room with you.