Drug Possession Defense Attorney
in Madison, Georgia

Drug possession defense lawyer in Morgan County, Georgia at Michael Fulcher Law led by Attorney, Michael Fulcher.

Just how serious are drug possession charges in Georgia?

Conviction for possession can bring steep fines and a lengthy prison sentence. Even having less than an ounce of marijuana and some rolling papers or scales can amount to felony drug charges in Georgia. That’s why if you are facing serious drug possession or drug trafficking charges in or around Morgan County, Georgia, you need serious legal advocacy.

Our drug possession lawyers in Georgia can help to guarantee your freedom if you have been arrested for possession of a controlled substance Georgia. Talk to us and we will let you know what your rights are and review and discuss your options. Most importantly, bring us your issue and we will help find the best possible solution.

If you are in trouble for a drug possession charge anywhere in Morgan County, Georgia, contact us online or call Michael Fulcher Law immediately at (706) 438-1555 to make sure your rights are protected.

Table of Contents hide
1 What is considered drug possession in Georgia?
2 Schedule 1 & 2 drug possession in Georgia
2.1 Possessing a Schedule I drugs
2.2 Possession of schedule II drugs
3 Schedule III & IV drug possession in Georgia
3.1 Prescription Misuse and Legal Risks in Georgia
4 Penalties for drug possession in Georgia
4.1 Schedule I or Schedule II Narcotics
4.2 Schedule II (Non-Narcotic Substances)
4.3 Schedule III, IV, or V Substances
4.4 Possession of Flunitrazepam (Rohypnol)
4.5 Possession of Marijuana
4.6 Possession of Drug-Related Objects
4.7 Attempt or Conspiracy to Commit a Drug Offense
4.8 Misdemeanor Sentencing Option for Lesser Felonies
5 Best Defense Against a Drug Possession Charge in Georgia
6 Schedule your free consultation today!
7 Drug Possession FAQs
7.1 What is drug court?
7.2 What happens if this is my first drug possession offense?
7.3 What should I do if I’m charged with drug possession?
7.4 What happens at my arraignment for a drug possession crime?
7.5 Why am I being charged with distribution or trafficking when I only have enough pot for my own use?
7.6 Can I be arrested for having drug paraphernalia?

What is considered drug possession in Georgia?

If you’re accused of drug possession, whether in Georgia or any other state, it’s crucial to seek the guidance of an experienced drug possession lawyer. Possession is the most common drug charge, and even being convicted of having a small amount of a controlled substance can carry severe penalties. The specific penalties vary based on the type and quantity of drugs involved. Furthermore, whether the drugs were for personal use or distribution may also influence the charges and potential consequences. An experienced drug possession lawyer can offer guidance and aid in developing a defense strategy tailored to your case’s specific circumstances.

Drugs are classified by type and potential for abuse called “schedules.” There are five drug schedules that were determined by the federal Drug Enforcement Agency (DEA) through the Controlled Substances Act. Specifically, determination as to “which schedule a drug or other substance should be paced, or whether a substance should be decontrolled or rescheduled” is based on:

  • Actual or relative potential for abuse
  • Scientific evidence of the drug’s effect, if known
  • Current scientific knowledge about the drug
  • Its history and pattern of abuse
  • The scope, duration, and significance of the abuse
  • Whether there is a risk to public health
  • It’s psychological or physiological dependence liability
  • Whether the substance is an immediate precursor of an already controlled substance; in other words, a chemical that is commonly used in manufacturing another controlled substance

Georgia outlines the regulations and penalties for drug charges through Title 16 and Offenses Chapter 13.

Schedule 1 & 2 drug possession in Georgia

Possessing a Schedule I drugs

Possession of a Schedule I controlled substance is one of the most serious drug possession charges in Georgia. These substances are considered highly addictive, dangerous, and have no accepted medical use under federal law.

Common Schedule I drugs include:

  • Heroin
  • LSD (acid)
  • MDMA (Ecstasy or Molly)
  • Psilocybin (magic mushrooms)
  • Marijuana (still a Schedule I substance under federal law; illegal for recreational use in Georgia)

Even though marijuana is legal in many states, it remains classified as a Schedule I drug under both Georgia and federal law, with limited medical exceptions for low-THC cannabis oil (no more than 5% THC) for registered patients.

Penalties for possession of a Schedule I drug can include felony charges, jail or prison time, steep fines, and a permanent criminal record. If you are facing charges, speak with a Georgia drug possession lawyer immediately to explore defense options and protect your future.

Possession of schedule II drugs

Schedule II substances are also heavily regulated in Georgia due to their high potential for abuse and dependency, though some have accepted medical uses.

Drugs in this category include:

  • Cocaine
  • Methamphetamine
  • Fentanyl
  • Oxycodone (OxyContin)
  • Morphine
  • Methadone
  • Codeine

Possessing a Schedule II drug without a valid prescription is a felony in Georgia. The severity of the charge and penalties depends on:

  • The type and quantity of the drug
  • Whether there is evidence of personal use or intent to distribute
  • Your prior criminal record, if any

Penalties may include mandatory minimum sentences, loss of professional licenses, and disqualification from federal aid or benefits. A defense attorney may be able to challenge the search, question lab results, or negotiate for reduced charges based on first-offender programs or conditional discharge.

Schedule III & IV drug possession in Georgia

Schedule III and Schedule IV substances are controlled drugs that have accepted medical uses but still carry the risk of misuse or dependence. In Georgia, possessing these substances without a valid prescription is a criminal offense.

Common Schedule III Drugs:

  • Ketamine
  • Anabolic steroids
  • Acetaminophen with codeine (less than 90 mg per dose)

These substances have a moderate potential for abuse and dependency. Unlawful possession may result in felony charges, especially if combined with other factors like prior offenses or suspected intent to distribute.

Common Schedule IV Drugs:

  • Xanax (Alprazolam)
  • Valium (Diazepam)
  • Ambien (Zolpidem)

Schedule IV drugs are considered to have a lower risk of abuse than Schedule III drugs, but possession without a prescription can still result in arrest, fines, and a criminal record.

Prescription Misuse and Legal Risks in Georgia

Even though many of these medications are legally prescribed, they are only legal when:

  • Dispensed by a licensed provider
  • Used by the individual named on the prescription
  • Taken exactly as directed

Possessing someone else’s prescription, even with their permission, or misusing your own can lead to criminal charges. Repeat offenses or possession in large quantities can elevate the severity of the charge.

If you’re facing possession charges for Schedule III or IV drugs in Georgia, consult a criminal defense lawyer right away to explore your options and build a defense tailored to your case.

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Facing legal challenges, whether it’s a DUI, drug charges, a criminal charge, or navigating traffic-related offenses, requires a skilled advocate. Turn to Morgan County’s Michael Fulcher Law for a blend of legal expertise and unwavering client service from a former Georgia prosecutor. Discover the optimal legal solution for your situation by calling our criminal defense law firm at (706) 438-1555 or reaching out online. Schedule your free consultation today and gain a clearer path forward.

Penalties for drug possession in Georgia

Drug possession charges in Georgia are taken seriously. Most offenses are felonies, with sentencing based on the type and amount of the controlled substance involved. Below is a breakdown of penalties under Georgia law:

Schedule I or Schedule II Narcotics

  • First offense: 2 to 15 years in prison
  • Subsequent offense: 5 to 30 years in prison

Schedule II (Non-Narcotic Substances)

  • First offense: 2 to 15 years in prison
  • Subsequent offense: 5 to 30 years in prison

Schedule III, IV, or V Substances

  • First offense: 1 to 5 years in prison
  • Subsequent offense: 1 to 10 years in prison
  • Exception: Flunitrazepam (Rohypnol) has enhanced penalties (see below)

Possession of Flunitrazepam (Rohypnol)

  • First offense: 2 to 15 years in prison
  • Subsequent offense: 5 to 30 years in prison

Possession of Marijuana

  • Less than 1 ounce: Misdemeanor; up to 1 year in jail, $1,000 fine, or community service
  • 1 ounce or more: Felony; 1 to 10 years in prison

Possession of Drug-Related Objects

  • Misdemeanor up to 1 year in jail, $1,000 fine, or both
  • Includes items for using, storing, or concealing drugs (e.g., pipes, scales, containers)

Attempt or Conspiracy to Commit a Drug Offense

  • Punishable by the same maximum sentence as the intended or completed drug crime

Misdemeanor Sentencing Option for Lesser Felonies

Some felony drug convictions (punishable by 10 years or less) may be reclassified as misdemeanors at the court’s discretion

If you’ve been charged with drug possession in Georgia, penalties can be life-altering. Consulting with a criminal defense lawyer early in your case can significantly improve your outcome.

Best Defense Against a Drug Possession Charge in Georgia

The strongest defense against a drug possession charge in Georgia depends on the specific facts of your case—but in all situations, the guidance of an experienced criminal defense attorney is essential.

Your lawyer may use one or more of the following legal strategies:

  • Illegal Search and Seizure: If law enforcement found drugs through an unlawful search, your attorney may file a motion to suppress the evidence.
  • Lack of Possession: You cannot be convicted if prosecutors can’t prove the drugs were knowingly in your control or that you even knew they were present.
  • Violation of Rights: If police failed to read your Miranda rights, coerced a confession, or mishandled evidence, the case may be weakened or dismissed.
  • Testing Errors or Tainted Evidence: Lab mistakes, missing chain-of-custody records, or inconclusive test results can all cast doubt on the prosecution’s case.

A skilled Georgia drug possession lawyer will review every detail—from the traffic stop or arrest to the lab results—to identify weaknesses in the case and fight to protect your record and your future.

Schedule your free consultation today!

The exclusive focus at Michael Fulcher Law is the relentless pursuit of the rights of our clients. As a former prosecutor, Michael Fulcher knows what the stakes are and how important it is to have a passionate advocate on your side. What’s more, we are with you through each step of your case—with the ultimate goal of getting the charges against you reduced or dismissed if possible. Your first step is to schedule a free and confidential consultation to discuss your needs and start building a solid defense. To set up a time to talk, contact us online or give us a call at (706) 438-1555.

While each case is different, these are the concerns that clients often have. These answers can’t replace the all-important consultation you have set up with us, but it should answer some of the questions you may have.

Drug Possession FAQs

While each case is different, these are the concerns that clients often have. These answers can’t replace the all-important consultation you have set up with us, but it should answer some of the questions you may have.

Some people convicted of a drug-related felony may have the option of drug court. For example, Morgan County is served by the Alcovy Judicial Circuit drug court, and reflects a partnership between “judicial, district attorney, law enforcement, drug court office, treatment providers, defense bar, and felony probation representatives.” The stated mission of this program is to ” enhance public safety by reducing crime, and recidivism while maximizing the productivity, and health of community through a more efficient allocation of available resources, which establishes a comprehensive system of treatment, incentives, and sanctions for eligible drug dependent offenders.”

In order to be eligible, you must:

  • Be 17 years of age or older
  • Be facing felony drug charges
  • Be facing a probation period of 18 to 24 months
  • Have a substance-abuse problem
  • Be a legal resident of the United States

You are ineligible if you live with a substance abuser, have been charged with sales or manufacturing narcotics, have a mental or physical disability that would not allow you to successfully complete the program, are in a medical pain management program, or have a history of violent crime or sex offenses.

Components of the program include integrating drug treatment services with justice system case processing, providing drug/substance abuse rehabilitation programs, monitoring abstinence of substance abuse through random drug testing, ensuring participants’ ongoing compliance through a coordinated strategy. By forging partnerships, and “using a non-adversarial approach, prosecution, and defense counsel promote public safety” drug courts also strive to “protect participants’ due process rights.”

Entry into the program is voluntary, and at the sole discretion of the program administrators, and “charges will be dismissed or a reduced sentence will be entered upon successful completion of the program.”

There are no guarantees, but in some cases you may be eligible for a diversion, or alternative sentence, under Georgia’s First Offender Act. It is not automatically offered; it is requested by your drug possession attorney. It is only available if, indeed, it is your first offense, and you have never been convicted of a felony in Georgia or any other U.S. state.

Under this act, you still receive a sentence, and may still have to serve some jail time, but if you satisfactorily complete all the terms of your probation, you will no longer have a conviction, the Court Clerk will enter an Order of Discharge, and your records will be sealed. Any violation on any term of the conditions set by the Court can nullify your first offender status: moreover, you will be convicted of your drug possession charge, and could be resentenced up to the maximum penalties.

Any arrest is bound to be stressful. Because penalties for Georgia drug possession, and drug trafficking law are so severe, it’s imperative to:

  • Stay calm: don’t yell or get hysterical, and definitely don’t become violent
  • Be respectful: While it’s true that you’re angry, and possibly feeling defiant, being uncooperative, and mouthing off is not going to help your situation. That doesn’t mean you have to volunteer any information to the police beyond your name, and produce your identification, but that’s it.
  • Be smart: Do not lie to, attempt to bribe, or otherwise try to convince the police to release you.
  • Request legal counsel: It’s your right, and it’s in your best interest. Don’t discuss anything with the police without your lawyer being present.

In criminal trial cases, the arraignment is the first time you will appear in court to address your charges. At the arraignment hearing, the judge will read the charges against you. You will be apprised of your rights, and your plea will be entered: you plead either guilty or not guilty. If you do not enter a plea, the court automatically enters a plea of not guilty. If you plead not guilty, your drug possession lawyer can ask for all evidence in your case, and start building a defense on your behalf.

The difference between personal use, and trafficking (or possession with intent to distribute) is largely a matter of amount. Say you had an ounce, and a half of marijuana: that may seem like something you would use over a medium period of time. Unfortunately, the threshold for personal use is less than an ounce, and everything over that is considered enough to sell or distribute. At the same time, if you have less than an ounce in your possession but were also nabbed with scales, multiple baggies, or a lot of cash, you are likely to be facing an intent to distribute felony charge.

Yes, possession of paraphernalia is a crime in Georgia—even if you did not have drugs in your possession. Sometimes where there’s smoke, there’s fire, so if you are caught with certain items you can be charged under Georgia § 16-13-32.2: Possession, and Use of Drug-Related Objects. These include “any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

Drug paraphernalia includes, among other things:

  • Scales
  • Syringes
  • Rolling papers
  • Roach clips
  • Bongs or Pipes
  • Cards or other objects with drug residue
  • A quantity of plastic “baggies”
  • Rolling papers
  • Even tin foil,

A violation of this code is a misdemeanor, punishable by a jail term of up to one year and/or a fine not to exceed $1,000.

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“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”

— TOM

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