Atlanta Drug Crime Lawyer
Georgia law treats drug crimes differently depending on the type of substance in question, as well as the particular allegations being levied against a defendant. Possession of a small amount of marijuana, for instance, while still having significant criminal repercussions, will not generally result in the same penalties as conviction for the manufacturing of opium derivatives. Having an experienced attorney on your side can make all the difference when it comes to the outcome of a drug charge-related case, so if you are being investigated for your involvement in a drug crime, you should consider speaking with an experienced Atlanta drug crime lawyer who can help protect your interests.
Controlled Substances
In Georgia, illegal drugs, narcotics, and prescription medications are divided into different categories of controlled substances based on the danger they pose to society. Schedule I drugs, such as heroin, ecstasy, and LSD, for instance, are considered to be the most dangerous and to have no medicinal value. For these reasons, the possession and distribution of these drugs is penalized particularly heavily. Schedule II drugs, such as cocaine, methamphetamine, and opium, on the other hand, are restricted only to medical purposes and require a valid prescription to be legal. Schedule III drugs, like steroids, Schedule IV drugs, such as Xanax and Valium, and Schedule V drugs have varying potential for abuse, so the punishments for the possession and sale of these drugs tends to be less severe.
Illegal Drug Possession and Distribution in Georgia
Unlawfully possessing or distributing Schedule I or II drugs is a felony offense that is punishable by up to 30 years imprisonment, while the unlawful possession of Schedule III, IV, and V drugs, although still felony offenses, are punishable for a lesser term of up to ten years imprisonment. The exact sentence faced by a defendant, however, will depend on a few other factors, including:
- The quantity of the drug found in his or her possession;
- Whether the defendant has a prior criminal record; and
- Whether the defendant was near a school or another drug safe zone at the time of arrest.
It’s also important to note that while marijuana is categorized as a controlled substance, its possession can still be charged as a misdemeanor if the amount found in the defendant’s possession is less than an ounce. Possession of more than one ounce, however, will be charged as a felony offense.
Finally, if a person is found in possession of particularly large amounts of a drug, he or she could be charged with possession and intent to distribute, but could also face charges of manufacturing and trafficking, which come with some of the most severe penalties of any drug offense.
Schedule a Free Case Review Today
Just because you have been accused of committing a drug crime does not mean that you are out of options. To learn more about the advantages of working with an experienced Atlanta drug lawyer when it comes to defending yourself against drug charges, please call Hawkins Spizman at 770-209-2310 today.
