Drug possession carries stiff penalties in Georgia, and these penatlies become more severe for those with a prior conviction.
By: Austin Nelson, Criminal Defense Attorney based in Marietta, Cobb County, Georgia
Penalties for possession a controlled substance depend on a few things – the amount, the type of substance, and whether or not it is possessed with the intent to distribute.
Schedule 1 drugs include ecstasy, heroin, LSD and peyote. Schedule II drugs include methamphetamine and cocaine. Schedule II Narcotic drugs are those such as oxycodone, methadone, fentanyl, hydromorphone. Schedule III drugs include such substances as ketamine, anabolic steroids, and testosterone. Schedule IV drugs include many benzodiazepines such as alprazolam, clonazepam, diazepam and lorazepam. Schedule V drugs include cough medicines with codeine and pregabalin.
While marijuana is currently classified as schedule I, the U.S. Drug Enforcement Agency has recently introduced a notice to reclassify it as Schedule III. Regardless, penalties for marijuana do NOT follow the timeframes listed below and can be found on a separate post.
Possession
O.C.G.A. § 16-13-30(a) makes it unlawful to purchase, possess, or have under his or her control any controlled substance.
For Schedule 1 and or a Schedule II narcotic drug, the penalties for possession are as follows:
Less than one gram (if liquid 1 milliliter) – 1 to 3 years
1 gram to 4 grams ( if liquid 1 to 4 milliliters) – 1 to 8 years
4 – 28 grams (if liquid 4 to 28 milliliters) – 1 – 15 years
For Schedule II non narcotic drugs, the penalties for possession are:
Less than two grams (if liquid less than 2 milliliters or a combined weight of less than two grams if placed onto a secondary medium) – 1 – 3 years
2-4 grams (if liquid 2 – 4 milliliters, or combined weight of 2-4 grams if placed on secondary medium) – 1 – 8 years
4-28 grams (if liquid 4 – 28 milliliters, or combined weight of 4-8 grams if placed on secondary medium) – 1 – 15 years
For schedule III, IV, V
Max Penalties are 1-3 years EXCEPT for flunitrazepam.
Flunitrazepam (or Rohyypnol) follows the following penalty structure.
Less than two grams (if liquid less than 2 milliliters or a combined weight of less than two grams if placed onto a secondary medium) – 1 – 3 years
2-4 grams (if liquid 2 – 4 milliliters, or combined weight of 2-4 grams if placed on secondary medium) – 1 – 8 years
4 + grams (if liquid 4 + milliliters, or combined weight of 4+ grams if placed on secondary medium) – 1 – 15 years
Intent to Distribute
Possession with intent to distribute Schedule 1 and II – 1 – 30 years
Possession with intent to distribute Schedule III, IV and IV 1 – 10 years
Prosecutors will often look for things such as cash, scales, and packaging materials such as plastic bags when determining the line between simple possession and possession with intent to distribute.
If you have been charged with a drug crime, talk to a criminal defense attorney today.
Learn how Austin defends drug charges in Cobb County, from simple possession to intent to distribute.
