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Drug Possession Penalties and Charges in Georgia - What You Need to Know

Drug Possession Penalties and Charges in Georgia - What You Need to Know

If you've been charged with drug possession in the state of Georgia, you might be in serious trouble. Georgia applies stiff penalties for drug offenses, with possible jail time for even a first offense. Here is what you need to know about Georgia's drug possession laws, the potential penalties and how those laws are applied to marijuana possession in the state.

Drug Possession Charges in Georgia

The state of Georgia defines "possession" of a drug to mean that you have "control" over that drug. This means that the drug doesn't necessarily need to be on your person for you to be charged with possession. In fact, it could be in the glove compartment of your vehicle, in a kitchen drawer or buried in your backyard. If an officer observes you trying to get rid of drugs in any way, you can also be charged with possession.

Penalties for Drug Possession in Georgia

The penalties for drug possession in Georgia will depend on the type and amount of the drug. The state classifies drug possession penalties according to the "schedule" of the drug. The schedules and penalties are as follows:

  • Schedule I: Highly addictive drugs with no medical use such as heroin, LSD, ecstasy and GHB. Possession is a felony with penalties of 2-15 years in prison and fines for a first offense.
  • Schedule II: Also highly addictive drugs such as cocaine, morphine, methamphetamine and methadone. Possession is a felony with penalties of 2-15 years in prison and fines for a first offense.
  • Schedule III: Includes drugs such as ketamine and testosterone. Possession is a felony with penalties of 1-5 years in prison and fines for a first offense.
  • Schedule IV, V, and VI: Medically-prescribed drugs but illegal without a prescription. Possession is a felony with penalties of 1-5 years in prison and fines for a first offense.

The state of Georgia defines "possession" of a drug to mean that you have "control" over that drug. This means that the drug doesn't necessarily need to be on your person for you to be charged with possession.

Marijuana Possession in Georgia

While you might think that marijuana possession will carry lighter penalties in Georgia, you're only half right. Yes, the penalties aren't as great but there are still stiff consequences for a marijuana possession conviction in this state.

Georgia considers less than one ounce of marijuana to be a misdemeanor crime. However, if you are convicted, the penalty is up to one year in jail, a fine of up to $1,000 or both. If you have more than one ounce of marijuana, you can be charged with a felony that is punishable by fines plus a prison term of 1-10 years.

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If you've been charged with drug possession, contact us at Free at Last Bail Bonds to find out how we can help with your bail bond. Also, read our blog on how to choose a lawyer if you find yourself in this serious legal situation.