Defending Drug Possession Cases In Cobb County And In The Atlanta-Metropolitan Area
How Are Drugs Classified or Divided Under Georgia Law?
Just like marijuana, it is unlawful to either possess or sell many other types of controlled substances unless the case falls into one of the delineated legal exceptions. Georgia law, which is similar to federal law in this respect, classifies controlled substances and narcotic drugs into different "schedules," and this classification will determine what punishments apply. Therefore, it is critical to know what classification your case falls into, so you can take immediate steps to mitigate any damage.
Schedule I
Georgia Code 16-13-25 lists the controlled substances in Schedule I. These are known as the most heavily regulated substances. Drugs like marijuana and heroin fall into the Schedule I classification.
Schedule II
Georgia Code 16-13-26 deals with controlled substances and narcotic drugs found in Schedule II. Since the different schedules are divided into the degree of addictiveness that can result from taking these drugs, substances in Schedule II can also cause a high and sustained mental and physical dependency. One of the more common narcotic drugs in this Schedule that is charged frequently is cocaine. Methamphetamine is a controlled substance in Schedule II that is also charged quite frequently.
Schedule III
Georgia Code 16-13-27 lists the substances in Schedule III. These substances have acceptable medical uses and pose low to moderate risk for chemical dependency relative to those in Schedules I or II. Anabolic Steroids and certain combinations of Codeine isomers are examples of substances that fall into this Schedule.
Schedule IV
Georgia Code 16-13-28 covers substances in Schedule IV, and these substances have acceptable medical uses and pose a lower risk for chemical dependency relative to those in Schedules I, II and III. Examples of common Schedule IV drugs are Alprazolam and Diazepam.
Schedule V
Georgia Code 16-13-29 provides a list of the controlled substances in Schedule V. These substances also possess acceptable medical uses and pose a lower risk for chemical dependency relative to those in Schedules I, II, III and IV. Pseudoephedrine is a common substance in Schedule V.
What Are The Potential Sentences?
Georgia Code 16-13-30 outlines the sentencing ranges in cases involving drug possession and the sale of illegal drugs. Besides possessing less than an ounce of marijuana, which is a misdemeanor offense, unlawfully possessing any of the following controlled substances is a felony offense in Georgia.
Sentencing Range For Possession of Controlled Substances In Schedule I And Narcotic Drugs in Schedule II
For cases involving possession of Schedule I drugs and narcotic drugs in Schedule II, such as cocaine, Georgia law states that possessing less than one gram carries a sentence range of one to three years in prison or on probation. Possessing one gram or more but less than four grams has a sentence range of one to eight years in prison or on probation, and possession of four grams to 28 grams carries a sentence range of one to 15 years in prison or on probation.
Sentencing Range For Possession Of Controlled Substances In Schedule II
For cases involving possession of a controlled substance in Schedule II, other than a narcotic drug, the law states that possession of less than two grams carries a sentence range of one year to three years in prison or on probation, possession between two and four grams carries a sentence range of one year to eight years in prison or on probation, and possessing between four grams and 28 grams carries a sentence range of one year to 15 years in prison or on probation. The most common type of controlled substance in Schedule II that is not classified as a narcotic drug is methamphetamine.
Sentencing Range For Possession Of Controlled Substances in Schedule III, IV Or V
For cases involving possession of controlled substances in Schedules III, IV or V, a conviction carries a possible sentence range of one to three years in prison or on probation.
Sentencing Range For Possession Of Heroin, Morphine Or Opium
Due in large part to the opioid epidemic that has been sweeping the country in recent years, the laws and the penalties relating to both possessing and selling heroin and other opiates is incredible strict. For example, possessing four or more grams of heroin is considered trafficking heroin, and carries very severe penalties.
Possessing less than one gram of heroin carries a sentence range of one to three years in prison or on probation, while possessing between one gram and less than four grams carries a sentence range of one to eight years in prison or on probation. As stated above, possessing four or more grams of heroin or another opiate substance is considered trafficking under Georgia law.
I Never Physically Possessed Anything. Why Was I Arrested?
Items do not actually need to be found on a person to meet the legal definition of "possession." The law recognizes two types of possession-actual possession and constructive possession. For a more thorough explanation of how those legal principles apply, please refer back to the "Marijuana Cases" section for a detailed analysis.
They Never Tested Anything At the Scene. Can They Still Prosecute Me?
Yes. Police officers do not need proof beyond a reasonable doubt to make an arrest. They simply need "probable cause," which is a legal standard of proof that simply states that it is more likely than not that a crime was committed, and that the person who was arrested was the one who committed it.
Substances seized after an arrest are routinely sent to the Georgia Bureau of Investigation (GBI) for chemical testing. Depending on how busy they are, it can take weeks or even months for those results to come back. It is important to remember, however, that a criminal defendant is absolutely entitled to see what those results say, and if your case is headed to trial and you still do not have those results, that can be a very strong legal defense to the charges pending against you. A skilled criminal defense attorney can navigate all of those issues in order to get the best result possible.