Addiction and the Law: How Georgia Courts Are Handling Heroin‑Related Offenses
Heroin addiction continues to devastate families across Georgia, and the courts are evolving in their response. At The Spizman Firm in Atlanta, we’ve witnessed firsthand how the legal system balances public safety with rehabilitation for those struggling with opioid dependency. This blog examines the key ways Georgia courts address heroin-related offenses—from criminal penalties to treatment-focused alternatives.
Severe Penalties for Possession and Trafficking
Under Georgia law, heroin is a Schedule I controlled substance. The state imposes stiff penalties depending on the quantity involved. Possessing even a small amount is a felony. Possession of less than one gram can lead to 1 to 3 years in prison; 1 to 4 grams carries a sentence of 1 to 8 years; and possession of 4 to 28 grams may result in 1 to 15 years of incarceration. Trafficking or manufacturing heroin can lead to far harsher penalties, including 5 to 30 years for a first offense and 10 to 40 years or even life for subsequent offenses. These severe consequences reflect Georgia’s commitment to combating heroin-related crime.
Drug Courts and Diversion Programs
At the same time, the courts increasingly recognize that addiction is a medical condition—not just a legal problem. Drug courts have been established throughout Georgia to divert eligible individuals into treatment rather than jail. These courts offer structured programs involving counseling, drug testing, and supervision. Participants must adhere to strict conditions, including attending 12-step meetings, maintaining sobriety, and making regular court appearances. Successful completion of the program may result in reduced charges or even case dismissal, giving individuals a chance to recover without a criminal record.
Treatment-Centered Sentencing Options
In addition to drug courts, Georgia offers treatment-centered sentencing alternatives. For first-time, nonviolent offenders, judges may suspend the standard criminal sentence and order the person into a court-approved treatment program. If the participant complies with all program requirements and pays restitution, a conviction may be avoided entirely. This approach provides a second chance while still holding individuals accountable.
Implementation of Medication‑Assisted Treatment (MAT)
Georgia also supports medication-assisted treatment (MAT) for opioid use disorder. MAT combines medications such as methadone or buprenorphine with counseling and behavioral therapy. These treatments are regulated through licensed narcotic treatment programs and have been shown to significantly reduce relapse and overdose rates. For individuals facing heroin charges, access to MAT can be a critical part of both legal defense and long-term recovery.
Shifting Focus: Criminalization vs. Public Health
Ultimately, Georgia’s legal system is moving toward a more balanced approach—one that recognizes the need for accountability while also offering meaningful opportunities for rehabilitation. For individuals battling heroin addiction, this shift can mean the difference between incarceration and healing.
At The Spizman Firm, our team is dedicated to helping clients navigate the criminal justice system with compassion and strategic advocacy. We serve individuals and families across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you or a loved one is facing heroin-related charges, contact us today to learn about your legal options and how our Atlanta Criminal Defense Attorneys can help you pursue the best possible outcome.
Source:
naco.org/resource/osc-mat
