Misdemeanor: Possession of 1 ounce or less (up to 12 months in jail, and/or a $1,000 fine)

Felony: Possession of more than 1 ounce or possession with intent to distribute any amount (1 to 10 years in prison and/or fines up to $100,000)

While there is no such thing as a “legal limit” in Georgia, if a driver has a blood or breath alcohol content (BAC) of 0.08 grams or more of alcohol in his system, then there is a presumption of impairment. This presumption does not mean you are guilty. This type of case, just like all criminal cases, requires the State to prove your guilt beyond a reasonable doubt. 

Penalties vary by Schedule and quantity:

A controlled substance in Schedule I or a narcotic drug in Schedule II:

• Possession of less than 1 gram (1 to 3 years in prison)

• Possession of 1 gram or more and less than 4 grams (1 to 8 years in prison)

• Possession of 4 grams or more and less than 28 grams (1 to 15 years in prison)

A controlled substance in Schedule II, other than a narcotic drug:

• Possession of less than 2 grams (1 to 3 years in prison)

• Possession of 2 grams or more and less than 4 grams (1 to 8 years in prison)

• Possession of 4 grams or more and less than 28 grams (1 to 15 years in prison) 

A controlled substance in Schedule III, IV or V:

• Possession in any amount (1 to 3 years in prison)

A counterfeit controlled substance:

• Possession in any amount (1 to 2 years in prison)

Penalties vary by Schedule and quantity:

A controlled substance in Schedule I or Schedule II:  

• Sale or distribution (5 to 30 years in prison for a 1st offense, 10 to 40 years or life in prison for a 2nd offense) 

A controlled substance in Schedule III, IV, or V:  

• Sale or distribution (1 to 10 years in prison)

A counterfeit controlled substance:  

• Sale or distribution (1 to 10 years in prison)

Trafficking charges carry mandatory minimum prison sentences:

Marijuana

• Trafficking more than 10 pounds and less than 2,000 pounds (5-year mandatory minimum prison term and a fine of $5,000)

Cocaine or Methamphetamines:  

• Trafficking 28 grams or more and less than 200 grams (10-year mandatory minimum prison term and a fine of $200,000)

• Trafficking 200 grams or more but less than 400 grams (15-year mandatory minimum prison term and a fine of $300,000)

• Trafficking 400 grams or more (25-year mandatory minimum prison term and a fine of $1 million)

Heroin or Opium: 

• Trafficking 4 grams or more and less than 14 grams (5-year mandatory minimum prison term and a fine of $50,000)

• Trafficking 14 grams or more but less than 28 grams (10-year mandatory minimum prison term and a fine of $100,000)

• Trafficking 28 grams or more (25-year mandatory minimum prison term and a fine of $500,000)