Drug Laws in Georgia

Drug offenses make up the vast majority of felony criminal cases. If you've been arrested for a drug offense in Georgia, you can face jail or prison terms anywhere from one year to life. Fines can range up to $1,000 for a misdemeanor and can be $100,000 or more for a felony.
 

A Conviction For Violating A Georgia Drug Law Can Mean More Than Jail and Fines

If the loss of liberty and payment of fines weren't enough, consider that you can also:

• lose scholarships or other financial aid,

• forfeit your property. 

And don't forget about felony and misdemeanor punishments generally.
 

Sentencing in General

Before you start losing sleep over going to jail, keep in mind that most people we represent are first offenders and are charged with simple possession of drugs. If you are one of these individuals, the chances of serving actual prison time is slight.

You should read the section on probation before you start reading about penalties. The probation section covers sentencing generally as well as the three types of probation. It also has information regarding probation violations.
 

Explanation of Drug Schedules

• MOST FELONY DRUG CASES in Georgia ARE FOR SCHEDULE I OR II DRUGS 

• The Georgia Criminal Code establishes five schedules of controlled substances. Most felony drug charges are either Schedule I or Schedule II offenses.

• Schedule I controlled substances are drugs that have a high potential for abuse and have no currently accepted medical use in treatment. Schedule I substances include such drugs as HEROIN, LSD, and MDMA also called ECSTASY.

• Schedule II controlled substances are drugs that have a high potential for abuse and have a currently accepted medical use in treatment. Schedule II substances include such drugs as COCAINE and AMPHETAMINE (Speed).

• Schedule III controlled substances are substances that have a potential for abuse less than the substances in Schedules I and II. These substances have a currently accepted medical use in treatment. This schedule of drugs includes various stimulants and depressants as well as certain anabolic steroids.

• Schedule IV controlled substances have a lower potential for abuse than Schedule III substances and have a currently accepted medical use in treatment. This schedule of drugs includes various stimulants and depressants.

• Schedule V controlled substances have a lower potential for abuse than Schedule IV substances and have a currently accepted medical use in treatment. These include substances containing limited quantities of certain narcotic drugs along with other ingredients designed to confer additional medicinal qualities.

• OCGA § 16-13-24

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Penalties for Schedule I and II Offenses

• Purchase or Possess (first offense)

• Purchase or Possess (second offense)

• Sell or Intent to Distribute (first offense)

• Sell or Intent to Distribute (second offense)

• Drug Trafficking

• Proximity to Schools or Recreation Facilities

Penalties for Marijuana & Counterfeit Substances

• Marijuana

• Counterfeit Substances

Use of a Communication Facility to Violate Drug Laws

• Definition and Penalties

Search and Seizure
This is the main battleground in most drug cases. If your attorney files the proper motions and gets evidence excluded, he just won your case.