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Drug Charges and Drug Penalties in Atlanta, Georgia

Georgia Law provides a multitude of ways to charge people for having and using drugs. The seriousness of a drug crime ranges from a local ordinance violation all the way to mandatory prison time. Below, our experienced criminal defense attorneys break down the most common drug crimes by levels of severity. Click here to learn about Atlanta Criminal Defense Team’s effective drug crime defense strategies.

DRUG POSSESSION

Possession of Marijuana

Even though more and more states throughout the nation are legalizing marijuana, Georgia has not yet jumped on board. Therefore, it is still illegal to have any amount (no matter how small) of marijuana on you. And, if a police officer catches you with marijuana, he can arrest you and take you to jail.

Potential Penalties: Just like with all drugs, penalties for marijuana possession are determined by calculating the weight. The following table shows penalties for marijuana possession.

Possession of Cocaine

In Georgia, cocaine is classified as a Schedule II Narcotic Drug. That classification is important because, as we will soon learn, the penalties for possession of a Schedule II Narcotic Drug are harsher than penalties for possession of a Schedule II Controlled Substance. Cocaine possession is always a felony charge; there is no misdemeanor possession of cocaine in the State of Georgia.

Potential Penalties: Punishment for cocaine possession is determined by calculating the total weight of the substance, including any mixture. That means the purity of the cocaine is not important, which is unfair because cocaine is usually cut with other substances, such as baking soda (a legal substance). But the law does not subtract the weight of the baking soda from the weight of the actual cocaine found in the mixture. Instead, you are punished based on the combined weight of the substances. The following chart shows the penalties for cocaine possession.

Possession of Methamphetamine

Georgia Law classifies methamphetamine as a Schedule II Controlled Substance, which matters when determining potential penalties. Possession of methamphetamine is always a felony charge; there is no misdemeanor possession of methamphetamine in the State of Georgia.

Potential Penalties: Punishment for methamphetamine possession is determined by calculating the total weight of the substance, including any mixture. Because, unlike marijuana, methamphetamine must be manufactured, it will inevitably have a mixture of substances. But the law does not subtract the weight of the other substances from the weight of the actual methamphetamine found in the mixture. Instead, you are punished based on the weight of the whole mixture, which seems unfair. The following chart shows the penalties for methamphetamine possession based on total weight of the substance.

Possession of Heroin

In Georgia, heroin is classified as a Schedule I Controlled Substance, which is considered to be the most dangerous schedule of substances. Possession of heroin is always a felony charge; there is no misdemeanor heroin possession in the State of Georgia.

Potential Penalties: Punishment for heroin possession is determined by calculating the total weight of the substance, including any mixture. That means the purity of the heroin is not important, which is unfair because heroin is usually mixed with other (legal) substances. But the law does not subtract the weight of those other substances from the weight of the actual heroin found in the mixture. Instead, you are punished based on the combined weight of the substances. The following chart shows the penalties for heroin possession.

POSSESSION WITH INTENT TO DISTRIBUTE

It is extremely important to know the differences between a simple possession charge and possession with intent to distribute because the latter carries harsher consequences. But the statute provides little guidance by vaguely defining “intent to distribute”.

Here is what we know: Intent to distribute means intent to unlawfully deliver or sell.

• Deliver means the actual, constructive, or attempted transfer of a controlled substance from one person to another.
• Sell means to transfer property, actually or constructively, for consideration either in money or its equivalent.

Looking at the definition above, it is clear that merely possessing a drug is not enough for an intent to distribute charge. However, it is equally clear that the law does not mandate a specific amount or weight requirement for an intent to distribute charge. That is very important to remember because nothing prohibits the government from charging you for possession with intent to distribute, even if you only had less than 1 ounce of marijuana (which, if you recall, is a misdemeanor amount). Thankfully, the government must have evidence of your intent to distribute before charging you with that crime.

Intent to distribute may be established through the presence of the following factors:

• • The Amount of Drugs in Your Possession
  • How much do the drugs weigh?
  • Is it more than most people would typically need for personal use?
  • What is the estimated street value of the drugs?

  • The Types of Drugs in Your Possession
  • Did you only have one type of drug? For example: only marijuana
  • Did they find marijuana, cocaine, and heroin at the same time?
  • Is it likely that a person would ingest all of those drugs for personal use?

  • The Packaging of the Drugs in Your Possession
  • Are the drugs divided into equal amounts and packed into baggies?
  • How many baggies are there in total?
  • Is the amount of drugs in each baggie sufficient for personal use?

  • Drug Paraphernalia in Your Possession
  • Did they find scales for weighing the drugs?
  • Do the scales have drug residue on them?
  • Did they find any drug related objects, such as rolling papers, pipes, needles, spoons, lighters, or any other tools that are typically used to ingest drugs?

  • Weapons in Your Possession
  • Were there any guns found at or near the drugs?
  • How many guns were found?
  • Were the guns loaded with ammunition?

  • Currency in Your Possession
  • Was any cash found at or near the drugs, or on your person?
  • How much cash was found in total?
  • Was the cash broken up by certain denominations?
  • Do you have a lawful explanation for the cash in your possession? For Example: You recently cashed your paycheck.

  • Your Criminal History and Prior Drug Charges
  • Do you have any previous drug convictions?
  • Are those convictions for possession with intent to distribute, sale, or trafficking drugs?
  • Do those convictions involve the same drugs that were found in your possession?
  • Have you ever been treated for drug addiction?

  • Observations of the Investigating Officers
  • Did the police receive information that you were a drug dealer?
  • Were you under active investigation for drug distribution?
  • Did police officers observe a lot of random cars coming and going from the location where they found drugs in your possession?
  • Did a police officer see a hand to hand transaction between you and another person?