Georgia Law - Illegal Drugs

Pleading guilty to drug possession can have dire consequences ranging from a license suspension to serious jail time, along with a lifetime criminal record. The severity of the drug charge, and its penalties, will depend in part on how the drug is defined by Georgia and federal law, the amount of drugs you have, and how they’re contained.

Criminal charges for controlled substances

In Georgia, drug possession charges can range from a misdemeanor to a felony, depending on the type and amount of drugs involved. Under Georgia law, it is illegal to possess controlled substances without a valid prescription or license. The Georgia Controlled Substances Act (OCGA § 16-13-21 et seq.) classifies controlled substances into five categories, or “schedules,” based on their potential for abuse and accepted medical use.

The potential consequences of drug possession charges in Georgia can vary depending on the specific circumstances of the case, including the type and amount of drugs involved, the offender’s criminal history, and any mitigating or aggravating factors. However, some general consequences that a person convicted of drug possession in Georgia might face include:

Misdemeanor possession of a controlled substance (Schedule I-V): This can be punishable by up to one year in jail and a fine of up to $1,000.
Felony possession of a controlled substance (Schedule I-V): This can be punishable by one to 30 years in prison and a fine of up to $50,000.
Possession of a controlled substance with intent to distribute: This can be punishable by one to 30 years in prison and a fine of up to $1,000,000.

It’s important to note that these are general guidelines and the actual penalties a person might face can vary depending on the specific circumstances of the case. If you have been charged with drug possession in Georgia, it is important to consult with a qualified attorney who can advise you on your legal options and help you understand the potential consequences of your charges.

Schedule I Drugs

In Georgia, Schedule I drugs are substances that have a high potential for abuse and no currently accepted medical use. According to the Georgia Controlled Substances Act (OCGA § 16-13-25), Schedule I drugs include:

Heroin
Lysergic acid diethylamide (LSD)
Marijuana
Mescaline
Peyote
Ecstasy
Gamma-hydroxybutyric acid (GHB)
Rohypnol
Phencyclidine (PCP)

It is important to note that the classification of drugs into schedules is not necessarily based solely on their inherent dangers or potential for abuse, but also on their accepted medical use and the likelihood of their being misused. Some Schedule I drugs, such as marijuana, have been legalized for medical use in some states, while others, such as heroin, are strictly prohibited. If you have any questions about the classification of a specific drug in Georgia, you should consult with a qualified attorney.

Schedule II Drugs

In Georgia, Schedule II drugs are substances that have a high potential for abuse and that may lead to severe psychological or physical dependence, but that also have a currently accepted medical use. According to the Georgia Controlled Substances Act (OCGA § 16-13-25), Schedule II drugs include:

Morphine
Oxycodone
Hydromorphone
Opium
Cocaine
Methamphetamine
Amphetamine
Phenobarbital
Pentobarbital
Secobarbital

It is important to note that the classification of drugs into schedules is not necessarily based solely on their inherent dangers or potential for abuse, but also on their accepted medical use and the likelihood of their being misused. Some Schedule II drugs, such as amphetamine and methamphetamine, are often prescribed for medical purposes, while others, such as cocaine and heroin, are strictly prohibited. If you have any questions about the classification of a specific drug in Georgia, you should consult with a qualified attorney.

Schedule III Drugs

In Georgia, Schedule III drugs are substances that have a potential for abuse that is less than Schedule I and Schedule II drugs, and that also have a currently accepted medical use. According to the Georgia Controlled Substances Act (OCGA § 16-13-25), Schedule III drugs include:

Anabolic steroids
Depressants
Stimulants
Narcotic drugs containing non-narcotic active medical ingredients
Ketamine

It is important to note that the classification of drugs into schedules is not necessarily based solely on their inherent dangers or potential for abuse, but also on their accepted medical use and the likelihood of their being misused. Some Schedule III drugs, such as anabolic steroids and stimulants, are often prescribed for medical purposes, while others, such as ketamine, are strictly prohibited. If you have any questions about the classification of a specific drug in Georgia, you should consult with a qualified attorney.

Schedule IV Drugs

In Georgia, Schedule IV drugs are substances that have a lower potential for abuse than Schedule III drugs, and that also have a currently accepted medical use. According to the Georgia Controlled Substances Act (OCGA § 16-13-25), Schedule IV drugs include:

Alprazolam (Xanax)
Carisoprodol (Soma)
Diazepam (Valium)
Lorazepam (Ativan)
Clonazepam (Klonopin)

It is important to note that the classification of drugs into schedules is not necessarily based solely on their inherent dangers or potential for abuse, but also on their accepted medical use and the likelihood of their being misused. Some Schedule IV drugs, such as alprazolam and diazepam, are often prescribed for medical purposes, while others, such as carisoprodol, are strictly prohibited.

Schedule V Drugs

In the state of Georgia, schedule V drugs are those that have a low potential for abuse and a currently accepted medical use in treatment in the United States, and abuse of these drugs may lead to limited physical dependence or psychological dependence relative to the drugs in schedule IV. Some examples of schedule V drugs include:

Cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC, Phenergan with Codeine)
Lomotil
Motofen
Lyrica (pregabalin)

It’s important to note that the specific drugs that are classified as schedule V can vary from state to state, as the scheduling of controlled substances is determined at the state level. In addition, the classification of a drug as a schedule V substance can change over time based on the latest scientific and medical information.

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Criminal defense for drug charges in Georgia

There are many methods available for beating a drug possession charge arrest, including attacking the validity of the search the police conducted prior to discovering drugs, to exposing unlawful and coercive police practices used during police questioning and interrogation.

You can rely on Attorney Erin Gerstenzang for the defense you deserve. She has successfully handled a wide variety of drug charges in all areas, and has intimate knowledge of the legal practices critical to ensuring an optimal result in your case.

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