Drugs have slowly become more mainstream, with some states decriminalizing or legalizing drugs like marijuana. Many drugs are still generally illegal, and criminal convictions for drug possession and sale can carry hefty penalties.
The consequences of a conviction can include incarceration, heavy fines, and a permanent criminal record that can affect your chances of future employment and housing options. Having an experienced Doraville drug lawyer beside you is important to build a strong defense and protect your rights. Contact one of our experienced criminal defense attorneys on your case.
Common Drug Offenses and Penalties
Many drugs are controlled substances and regulated under the Georgia Controlled Substances Act and other related laws. The Act classifies many substances, such as marijuana, cocaine, and methamphetamines based on dangerousness from the most dangerous, Schedule I, to the least dangerous, Schedule V.
Possession and sale of these drugs become felonies, though the severity of the punishment depends on the drug’s schedule. For example, Georgia Code § 16-13-30 makes possession of a Schedule I drug punishable by a prison sentence of at least one year and a maximum of 15 years, depending on the amount of the drug, but possession of a Schedule III drug carries a maximum sentence of only three years for a first offense. Sale of a Schedule I drug can lead to a prison sentence of five to 30 years and a sentence of 10 to 40 years for a second or subsequent offense, but sale of a Schedule III drug only leads to prison for one to 10 years.
Some leniency exists for a first-time possession charge in the form of a conditional discharge. Georgia Code §16-13-2 allows a defendant pleading guilty to be placed on probation with conditions, such as a drug abuse treatment program, instead of having a criminal conviction. This exception only works once and only for drug possession, not sale.
With long prison sentences for drug possession and sale, one mistake can lead to severe punishment. Even abandoning drugs in a public place can result in a misdemeanor charge under Georgia Code §16-13-3. An attorney in Doraville could help navigate state sentencing rules for drug crimes so a person can best defend themself from prosecution.
Controlled Substance Classifications
A controlled substance is a drug that the government heavily regulates in manufacturing, possession, and usage. The Georgia Controlled Substances Act divides controlled substances into five categories:
- Schedule I: High potential for abuse and no medical use in the United States, like ecstasy and heroin
- Schedule Two: High potential for abuse but have some accepted medical uses, like morphine, fentanyl, cocaine, methamphetamine, and oxycodone
- Schedule Three: Lower potential for abuse than the above classifications, and they have accepted medical uses with a low potential for dependency, like steroids and hydrocodone
- Schedule Four: Low potential for abuse, like Valium, Xanax, and certain sleeping aids
- Schedule Five: Widle accepted medical uses with a low potential for dependency, like cough medicines containing codeine.
The different classifications of these substances are essential to determine the penalties for distribution, possession, and trafficking.
Drug Trafficking as a Severe Offense
Beyond the possession and sale of drugs, you could face drug trafficking charges when the amount exceeds certain thresholds. These thresholds are drug-specific, as laid out by Georgia Code §16-13-31. For example, the thresholds where possession and sale turn into trafficking for cocaine and marijuana differ in the following ways:
- More than 28 grams of cocaine: Felony, with at least 10 years in prison and a $200,000 fine
- More than 400 grams of cocaine: Felony, with at least 25 years and $1,000,000 fine
- More than 10 pounds of marijuana: Felony, with at least five years in prison and a $100,000 fine
- More than 10,000 pounds: Felony, with at least 15 years and $1,000,000 fine
Also, Section 16-13-31 explicitly allows reduced sentencing for some defendants. If a defendant helped the prosecution by giving assistance that leads to the prosecution and conviction of other people, their sentence can be reduced or suspended. A Doraville lawyer could show insufficient drug quantity for trafficking, and could also for a reduced sentence for cooperating or playing a small role in the crime.
Discuss Your Case With a Drug Attorney
A drug attorney could help you defend yourself from charges of possession or intent to sell to someone else. In the trafficking scenario, having a lawyer fight for you could lead to a significantly reduced sentence.
The offenses and penalties detailed here are just a few examples, and your circumstances will vary depending on the drugs involved and the specific charge. Speak with a Doraville drug lawyer to learn everything you can about the drug charges you might face.
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