An Overview Of Drug Crimes
Possible Criminal Penalties
The State of Georgia has relatively harsh criminal penalties for drug offenses when compared to other states in the country. In the simplest terms, offenses are characterized as either misdemeanors or felonies.
Misdemeanor Offenses
Possession of less than one ounce of marijuana is a misdemeanor under Georgia Code 16-13-2(b), and the maximum punishment for this offense can be 12 months in custody, a fine of up to $1,000, or both.
Felony Offenses
Simple possession of any other narcotic or controlled substance, or possession with the intent to distribute (drug sales) marijuana or any other narcotic or controlled substance is classified as a felony, and the specific range of punishment will depend on the type of drug and the amount involved in the case.
What is "VGCSA?"
VGCSA is an acronym that means "Violation of the Georgia Controlled Substances Act." In Georgia, the state regulates drugs pursuant to Title 16, Chapter 13, and Articles 1 through 6 of the Georgia Code. More specifically, these drugs are defined as either "controlled substances" or "narcotic drugs" and are classified into one of five possible Schedules-Schedule I, II, III, IV or V. The differences in these classifications depend on the potential addictive qualities of the substance itself and its potential risk of abuse.
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.
Sentencing Alternatives
One of the most common questions I have gotten is whether there are any ways around the sentencing ranges imposed under state law. The simple answer is-it depends. Many jurisdictions have different ways of addressing drug cases, depending on the type of drug involved, the criminal history of the accused, and whether the accused was allegedly dealing drugs or merely possessing them.
Pretrial Diversion
Pretrial Diversion Programs have been created in multiple jurisdictions pursuant to Georgia Code 15-18-80 as an alternative to traditional prosecution for certain low-risk criminal defendants. In many counties, acceptance into such a program is conditioned on the defendant completing certain tasks, like paying a program fee, participating in drug and alcohol counseling, doing community service work, and passing random drug screens. Often times, acceptance in this program is limited to defendants who have only been charged with drug possession offenses, as opposed to offenses involving the sale of drugs. If the defendant has successfully completed the program, the case will be dismissed and most likely the criminal history record will be eligible for expungement and restriction.
Conditional Discharge
Another sentencing alternative for drug offenses is called Conditional Discharge. The statutory authority for this program is found in Georgia Code 16-13-2, and it is a type of sentence for people who have never been convicted of any drug offense in Georgia or in any other state. Conditional discharge only applies to simple possession cases, although it can apply to both misdemeanor and felony cases. The mechanism for conditional discharge is as follows: first, the defendant enters a plea of guilty to the drug charge. Next, the court will not enter a judgment of guilt, but will instead continue the proceedings until the defendant can complete a term of probation where he or she will normally have to participate in alcohol and drug counseling, complete community service work, and otherwise satisfy conditions that are normally associated with probation. If that person successfully completes that term of probation, the court will "discharge" the person and dismiss the proceedings against him or her. This ultimately means that the case will be dismissed and no conviction will ever be entered. Finally, this type of disposition is eligible for criminal history record expungement and restriction.
The First Offenders Act
Under Georgia Code 42-8-60, the First Offenders Act is a sentencing alternative that allows certain defendants without a felony conviction to dispose of their current case without a criminal conviction being entered. People with misdemeanor convictions are eligible for this type of sentence, and most felony offenses are eligible, including those that involve the sale of drugs. Certain criminal offenses, however, are not eligible for sentencing under the First Offenders Act. A complete list of offenses that are not eligible can be found in Georgia Code 42-8-60(j). Some examples include DUI charges, offenses characterized as 'serious violent felonies' as that term is defined in Georgia Code 17-10-6.1, such as armed robbery, as well as certain sexual offenses found in Georgia Code 17-10-6.2.
When a person is sentenced under as a First Offender, upon a plea of guilty or a guilty verdict, the court will not enter an adjudication of guilt, but will instead defer the proceedings and sentence the person to probation, a term of confinement, or both. If the person successfully completes the term of his sentence, he or she will be exonerated of guilt and shall stand discharged as a matter of law. In simpler terms, the case will be dismissed without a conviction being entered on that person's criminal record. All civil liberties will remain intact, and the criminal record information will be eligible for expungement and restriction.