Know What You Are Up Against With Georgia State Drug Laws
Navigating the numerous and sometimes conflicting drug laws of both the federal government and of all 50 states can be extremely confusing, irritating and potentially leave you open to an excessive punitive legal sentence. Depending upon the nature of the charge, and the nature of the controlled substance you are allegedly charged in connection with, the legal ramifications under Georgia law can be as little as one year in jail, or up to 40 years in prison.
Here is a breakdown of the different types of violations under Georgia law, and what the possible consequences will be. Remember, though, that in many cases Georgia law does have mandatory minimums, but courts still retain significant leeway in how they rule on their sentencing.
Under federal law, controlled substances are broken down into five “schedules” that classify drugs by both type and by overall effects to the human body. Under Georgia law, as far as charging and sentencing goes, the narcotic schedules are put into two broad categories. Schedule One and Schedule Two carry the same sentencing guidelines. The same is true for Schedules Three, Four and Five.
Also, there is a major distinction made between possession or purchase of a narcotic, and whether there is intent to sell or distribute. This distinction is made by the District Attorney depending upon the amount of the narcotic involved. Schedule One and Two (Marijuana, Methamphetamines, Opiates)
Possession Or Purchase
For possessing or purchasing small amounts of any of these drugs for personal use, a person faces a minimum of two years in prison, and can be sentenced to a term of up to 15 years for a first offense. For a second offense, a person faces a minimum prison term of five years, up to a 30 year prison sentence.
Intent To Distribute
For a first offense of possessing amounts of a Schedule One or Two controlled substance in large enough quantities to be considered Intent to Sell or Distribute, you face a minimum prison term of five years, up to a 30 year sentence. For a second offense, you face a minimum of 10 years in prison, up to a term of 40 years to life. The maximum is at the discretion of the court, and will factor in all of the pertinent and extenuating details of the case, including prior offenses.
Schedule Three, Four And Five (Anabolic Steroids, Prescription Drugs)
Possession Or Purchase
For a first offense of possessing or purchasing Schedule Three, Four or Five substances, a person will face a minimum prison term of one year, up to a five year sentence. For a second conviction, a person will still face a minimum of one year in prison, with a maximum sentence of 10 years.
Intent To Distribute
For a first offense of Intent to Sell or Distribute, a person faces a minimum of one year in prison, with a maximum sentence of 10 years.
For first time offenders of any of these drug laws, probation can be used by the court in lieu of serving prison time. In fact, under Georgia law, it is rare for first time offenders to serve any extended prison sentence.
Our Columbus defense lawyers handle the following drug offenses in Georgia:
| Drug Possession Possession with Intent Cocaine crimes Methamphetamine crimes Heroin crimes |
Drug distribution Drug use Drug trafficking Conspiracy to traffic Marijuana crimes |
If you are suspected of or charged with a drug crime in Georgia, then contact an expert Columbus GA drug crime defense lawyer immediately.
