In the State of Georgia, it is illegal to purchase, possess, manufacture, distribute, or sell controlled substances or marijuana (O.C.G.A. § 16-13-30). The laws in our state are particularly harsh for drug-related offenses, and therefore it’s essential to understand the charges being brought against you and to seek expert counsel as soon as possible. Except for some lesser possession of marijuana offenses, nearly all drug charges in Georgia are considered a felony.
Drug Possession in Georgia
Drug possession means being caught with a small enough amount of a controlled substance that it can reasonably be considered “for personal use.” This amount varies based on the drug and oftentimes the purity of the drug. For marijuana cases where the amount is less than one ounce, the accused generally faces a misdemeanor drug possession charge. For all other controlled substances, drug possession is a felony charge.
Intent to Distribute in Georgia
Drug possession with the intent to distribute is a much more serious charge than simple possession. There are many reasons why a law enforcement officer may decide that the controlled substances found on your person, in your vehicle, or in your personal space are not just for personal use, but more likely for distribution. This includes (but is not limited to):
- The amount is believed to be more than recreational for a single person
- Large amounts of cash were also present
- A scale or other measuring device was found in the vicinity
- Additional plastic bags, jars, or other packaging was found in the vicinity
- The controlled substance was packaged in separate containers
Regardless of the substance, an intent to distribute charge is a felony offense in Georgia that carries significant penalties, including jail time, fines, and life-long loss of voting and firearm privileges.
Additionally, a person can be charged with either possession or intent to distribute even if the controlled substances were not found on their person. If you have been charged with either offense because drugs were found in your car or on your property, it’s essential to hire an expert attorney right away.
If you are facing any type of drug charges in Georgia, we can help. At ATC Law, our criminal defense attorneys, Pat McDonough and Trinity Hundredmark, are some of the state’s most respected and sought-after defense lawyers. Our goal is to ensure the best possible outcome for you and your family, no matter what the circumstances of your case. Call our office at 770-822-0900 for more information or to request a case evaluation.
- Trinity Hundredmark Named Moxie Awards Finalist
- Pain and Suffering: What is It and What to Know?
- Parental Kidnapping Laws In Georgia: Acting In The Best Interests Of The Child
- ATC Attorney Trinity Hundredmark Nominated For The Moxie Award
- Recreational and Medical Marijuana’s Effect On Georgians
- Suing the Bar or Restaurant that Served Alcohol to the Drunk Driver
- How To Resolve A Bench Warrant
- When are Parents Responsible for the Harmful Acts of their Children?
- When Can Punitive Damages Be Awarded in Georgia?
- Understanding Trespassing Charges In Georgia
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- April 2015
- October 2014
- September 2014
- July 2014
- March 2014