Georgia Drug Offenses

Georgia’s drug laws are some of the toughest in the country, but with an experienced Georgia drug lawyer, you can make sure that your rights and your future are protected. Our Georgia criminal defense attorneys have defended individuals accused of drug crimes in Georgia for 15 years. From Atlanta to Athens to Savannah, our criminal defense lawyers have won an impressive list of acquittals, dismissals, reductions, and lenient sentences. Read below to learn more about Georgia’s controlled substance laws and how to protect your rights.

Georgia Drug Offenses

An individual arrested for a drug offense in Georgia will likely be charged with a Violation of the Georgia Controlled Substance Act (VGCSA) which is found at O.C.G.A. § 16-13-1, et seq. There are generally four different ways to violate Georgia’s drugs laws. The least culpable is simple possession while the most severe is typically drug trafficking.

1. Possession / Purchasing. This is the lowest grade drug offense. Simple possession usually means that an individual possessed a small, personal use amount of an illegal drug. In many cases, a defense lawyer may reduce a more serious drug charge to simple possession. 

2. Possession with intent to distribute. This offense is more serious and is often treated just as severely as actual distribution. The prosecutor will use various type of evidence to prove that the person intended to distribute the drug, including a drug quantity greater than a personal use amount, drug scales, ledgers, text messages, and other evidence arguably indicative of drug dealing.

3. Manufacturing / Distribution. Manufacturing means that the individual either created the illegal substance (e.g., growing marijuana plants). Distribution means that the individual gave the drugs to someone else. 

4. Trafficking. Drug trafficking in Georgia involves possessing a certain quantity of the illegal drug. Drug trafficking charges are often the most difficult to deal with in court as they typically involve stiff mandatory minimum sentences. 

Drug schedules in Georgia

Georgia law places each controlled substances into a schedule, and the schedule dictates how harshly each drug is treated for purposes of sentencing.  Most illegal drugs in Georgia fall into Schedule 1, Schedule 2, Schedule 3, or Schedule 4. Below is a list of common drugs and the schedule that they have been placed into. A full list of the drugs that are placed into each schedule can found at O.C.G.A. § 16-13-25 through O.C.G.A. § 16-13-29.

· Schedule I: heroin, LSD, ecstasy, mushrooms

· Schedule II: cocaine, methamphetamine, hydrocodone, opium

· Schedule III: steroids, acetaminophen with codeine, and ketamine

· Schedule IV: Xanax, valium, Ambien, Soma

Sentencing for drug offenses

For non-trafficking offenses, Georgia law looks to the type of offense, the drug schedule, and the weight of the drug in determining the minimum and maximum sentences that a defendant may receive.

Possessing or Purchasing a Schedule III or IV drug can carry 1 – 3 years in prison. Possessing or purchasing a Schedule I drug or a narcotic Schedule II can carry the following sentences:

- Less than 1 gram: 1 – 3 years in prison

- 1 to less than 4 grams: 1 – 8 years in prison

- 4 to less than 28 grams: 1 – 15 years in prison

Manufacturing, distributing, and possessing with intent to distribute a Schedule I drug or a narcotic Schedule II drug that is less than 28 grams can carry a prison sentence between 5 to 30 years in prison. The same type of conduct with a Schedule III or IV drug carries a sentence of between 1 and 10 years in prison. 

Marijuana is the exception as a small amount is only considered to be a misdemeanor under Georgia law. If the quantity of marijuana is 1 ounce or less, an individual can face up to 12 months in custody. If the amount is 1 ounce to 10 pounds, however, Georgia law treats the offense as a felony and proscribes a prison sentence of 1 – 10 years. 

First Offender and Conditional Discharge

Georgia law allows many first-time drug offender to resolve their cases without a felony conviction on their record. Under Georgia’s First Offender Act, a defendant can enter a guilty plea to a drug offense, and upon successful competition of his or her probation, the case is essentially dismissed and the individual will have no conviction. Georgia’s conditional discharge statute allows for a similar resolution. 

It is important to note that these laws are not available to every defendant in a drug case. For instance, an individual cannot receive First Offender status if he enters a guilty plea to drug trafficking. It is also important to note that these laws do have downsides, especially if the defendant violates his or her probation. It is extremely important that a defendant charged with a drug crime discuss the pros and cons of the First Offender Act and the conditional discharge statute before they are used. 

Drug trafficking and mandatory minimums

Drug trafficking is by far the most serious drug offense in Georgia, and Georgia’s laws specifically proscribe mandatory minimum sentences based on the type of drug and quantity. The maximum amount of time that a first-time offender can be sentenced to for trafficking is 30 years in prison. Below is a list of the mandatory minimum sentences for each type of drug and quantity. 

Cocaine

- 28 – 199 grams: 10 years in prison

- 200 – 399 grams: 15 years in prison

- 400+ grams: 25 years in prison

Heroin (including opium and morphine)

- 4 – 13  grams: 5 years in prison

- 14 – 27 grams: 10 years in prison

- 28+ grams: 25 years in prison

Marijuana

- 10 – 1,999 pounds: 5 years in prison

- 2,000 – 9,999 pounds: 7 years in prison

- 10,000+ pounds: 15 years in prison

Methamphetamine

- 28 – 199 grams: 10 years in prison

- 200 – 399 grams: 15 years in prison

- 400+ grams: 25 years in prison

Getting less than the mandatory minimum sentence

There are a couple of different ways that your lawyer can assist in getting less than the mandatory minimum sentence if you’ve been charged with drug trafficking. 

· Reduced charge. It may be possible for your lawyer to negotiate a lesser offense (usually possession with intent to distribute). To do this, the State usually agrees to a lower quantity amount which does not trigger the mandatory minimum sentence.

· Cooperation. Georgia law has a provision that allows the District Attorney to remove the mandatory minimum sentence requirement when the defendant provides substantial assistance. Substantial assistance usually entails providing information concerning other individuals involved in drug dealing.

How to fight drug charges

There are two ways to fight a drug charge. The first way is by filing pretrial motions to suppress or exclude the drug evidence from trial. If successful, the State will typically have to dismiss the case against you. The second way is to fight the case at trial. You lawyer’s job is to find the best defense possible and to effectively argue that defense to the jury at trial.

How to suppress drug evidence

Drug cases almost always involve the search of a residence, vehicle, or person. Your criminal defense lawyer will review the evidence in the case to determine if the searches were lawfully conducted. If the searches were improper, your lawyer can file a motion to suppress the evidence, arguing that your Fourth Amendment rights under the U.S. Constitution were violated. If granted, the State will likely have to dismiss the charges against you.

Motions to suppress evidence in Georgia are more effective and have a higher success rate than in federal court and many other states. The reason for this is that Georgia does not have a “good-faith” exception, which prevents evidence from being suppressed if the officers acted in good faith. This means that defendants in Georgia charged with a drug offense are in a better position to have their cases dismissed than in federal courts and most other states. It is imperative, however, that you hire a lawyer who has extensive experience in filing and arguing motions to suppress.

In many drug cases, law enforcement will also try to interview individuals in order to extract a confession or admission. Your lawyer will review the evidence to determine if the statements were involuntarily obtained or otherwise in violation of your Miranda rights. If your lawyer believes that there was a violation, he or she can file a motion to suppress your statements to make sure that the jury never hears the interview.

Defenses at trial

Georgia drug lawyers can defend drug charges in a multitude of ways, but the best strategy will come down to the specific facts of your case. Some of the more common defenses to drug charges involve the following:

· Equal access. Equal access is a powerful defense. It essentially means that that jury must acquit you if someone else had equal access to the place where the drugs were found. This is a common defense used when multiple people are riding in the same vehicle where drugs were discovered. 

· Lack of knowledge. Convicting someone of a drug offense requires that the person knew that the drugs were in fact drugs. If you had no knowledge of the drugs, the jury must find you not guilty.

· Different type of drug. The State is required to prove that the type of drug that is listed in the indictment. If it fails to do so or if it proves some other type of drug, the jury must acquit you. 

· Not an illegal drug. In some cases, it makes sense to have an independent expert examine the drugs to determine if it is in fact an illegal substance. We have had a number of cases where the item turned out not to be a drug at all.

· The wrong weight. Sometimes the State will allege the wrong quantity. If we can show that the amount in question is actually lower, we can help our clients avoid a stiff mandatory sentence in some cases. 

· Chain of custody. At trial, the State has to prove the chain of custody of the drugs. This means that there must be evidence that a qualified individual handled the drugs from the time they were seized to the point of trial. If there is a break in the chain of custody, your lawyer can argue that the evidence presented at trial is different from the evidence originally seized. 

Contact us

If you or someone you know has been charged with a Georgia drug crime, give us a call. Our Georgia drug lawyers have handled many of these cases and can explain your best path forward. The initial consultation is always free of charge.