Drug Crime Classifications in Georgia: Misdemeanor vs. Felony

Drug charges in Georgia can have serious legal consequences, but not all offenses are treated the same. The state categorizes drug crimes as either misdemeanors or felonies, depending on factors such as the type and quantity of the drug, intent (personal use vs. distribution), and prior criminal history. Understanding the difference between a misdemeanor and a felony drug charge is crucial because the penalties vary significantly, potentially impacting your freedom, finances, and future opportunities. The Spizman Firm’s Atlanta Drug Crime Defense Attorneys are here to help you.

Misdemeanor Drug Crimes in Georgia

Misdemeanor drug offenses in Georgia are considered less serious than felonies but can still result in harsh penalties. Common misdemeanor drug charges include:

• Possession of Less Than One Ounce of Marijuana – Under O.C.G.A. § 16-13-2, possessing less than an ounce of marijuana is a misdemeanor punishable by up to 12 months in jail and a $1,000 fine.
• Possession of Drug Paraphernalia – Having items such as pipes, syringes, or scales intended for drug use can result in a misdemeanor charge with penalties similar to marijuana possession.
• Certain Prescription Drug Violations – Possessing small amounts of prescription drugs without a valid prescription may result in a misdemeanor charge.

Although misdemeanor drug crimes do not carry the same penalties as felonies, they still remain on your criminal record, potentially affecting job opportunities, housing, and other aspects of your life.

Felony Drug Crimes in Georgia

Felony drug offenses in Georgia involve more serious drug possession, trafficking, manufacturing, and distribution charges. A felony conviction can lead to years in prison, substantial fines, and a permanent criminal record. Some common felony drug offenses include:

• Possession of Controlled Substances – Possessing any amount of a Schedule I or II controlled substance (such as cocaine, heroin, methamphetamine, or LSD) is a felony. The penalties vary but typically include two to 15 years in prison for a first offense and longer sentences for repeat offenses.
• Drug Trafficking – Under O.C.G.A. § 16-13-31, drug trafficking charges apply when a person possesses, sells, transports, or manufactures large amounts of controlled substances. This crime carries mandatory minimum prison sentences starting at five years and fines up to $1 million, depending on the substance and quantity.
• Intent to Distribute – If law enforcement believes a person possesses drugs with the intent to sell or distribute, even in small amounts, the charge is typically a felony, leading to significant prison time if convicted.
• Manufacturing or Cultivating Drugs – Producing illegal substances such as methamphetamine, growing marijuana plants, or operating a drug lab can result in felony charges, often with severe prison sentences.

How Drug Crime Penalties Are Determined

Several factors influence the severity of the punishment, including:

• The type of drug (classified under Georgia’s drug schedules).
• The amount of the substance (larger quantities often lead to more severe charges).
• The presence of aggravating factors, such as possession near a school or involving a minor.
• Prior criminal record (repeat offenders face harsher sentences).

Defending Against Drug Charges in Georgia

If you have been arrested for a drug crime, a strong legal defense can help reduce or dismiss the charges. Common defense strategies include:

• Unlawful search and seizure (violations of your Fourth Amendment rights).
• Lack of possession (the drugs did not belong to you).
• Entrapment or police misconduct (coerced involvement in a drug crime).

Get Legal Help from The Spizman Firm

A drug conviction in Georgia can have life-altering consequences, but you don’t have to face these charges alone. At The Spizman Firm, our experienced criminal defense attorneys fight for your rights and work to achieve the best possible outcome in your case. We serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a free consultation.