Experienced Drug Crimes Defense Attorney
in Madison, Georgia

Georgia has five drug classifications (called “drug schedules”) of illegal drugs. Unlike 18 other states that, as of 2021, have legalized recreational use of marijuana, Georgia has not followed suit, with the exception of several localities around Atlanta.

In Georgia, the following are drugs are illegal:

• Schedule I drugs: Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use, and a high potential for abuse. Some examples of Schedule I drugs are heroin, lysergic acid diethylamide (LSD), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. The list of drugs in Georgia is extensive, and includes marijuana. However, while the sale, and distribution of marijuana, and possession of more than one ounce are punishable as felonies, possession of less than an ounce is a misdemeanor. This does not mean you get a free pass: misdemeanor penalties include up to one year in jail and/or a fine of up to $1,000.
• Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. The complete list of Georgia Schedule II drugs include combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.
• Included in the list of Schedule III drugs in Georgia are products containing less than 90 milligrams of codeine per dosage unit (such as Tylenol with codeine) as well as ketamine, and steroids. Schedule III drugs are defined as drugs with a moderate to low potential for physical, and psychological dependence. Schedule III drugs abuse potential is less than Schedule I, and Schedule II drugs but more than Schedule IV.
• Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse, and low risk of dependence, and include drugs such as Alprazolam, Xanax, Darvon, Valium, Ambien, Zolpidem, and Tramadol.
• Schedule V drugs have lower potential for abuse than Schedule IV, and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.

Penalties for possession vary depending on the drug, and the quantity, but marijuana accounts for the greatest number of drug arrests in Georgia, and throughout the U.S. According to the FBI, in 2019, police across the U.S. arrested “545,602 people for cannabis related crimes in 2019. That arrest rate is 9% higher than the 495,871 people arrested for violent crimes the same year.” Your drug possession lawyer can tell you that most of those were for possession.

Marijuana drug possession, a Schedule I drug, penalties in Georgia are:

• For possession of less than one ounce of marijuana: A misdemeanor punishable by a term of incarceration or probation of not more than 12 months or a fine not to exceed $1,000, or both, or public works not to exceed 12 months.
• For possession of more than one ounce of marijuana: A felony punishable by a term of incarceration between one, and 10 years.
• For possession of marijuana with intent to with intent to distribute; or sale, delivery or distribution: any person who violates this subsection shall be guilty of a felony and, upon conviction thereof shall be punished by imprisonment for not less than one year nor more than ten years. Imprisonment terms generally depend on the quantity of marijuana.

Possession of other Schedule I, and Schedule II drugs: According to Georgia Code § 16-13-30, it is “unlawful for any person to purchase, possess, or have under his control any controlled substance.” Penalties for possessing a Schedule I controlled substance (see separate penalties for marijuana in the above paragraph) or Schedule II narcotic drug, are punishable “by imprisonment for not less than one year nor more than 15 years.” That is for a first conviction. A third or subsequent conviction for the same offense carries a sentence of up to 30 years.

Controlled substance refers to “a drug, substance, or immediate precursor in Schedules I through V.” A narcotic drug is also a controlled substance but generally refers to opioids.

Unlawful possession of a Schedule III, IV, or V drug is controlled substance is a felony, and punishable by a 1 to 5-year term of incarceration. Unlawful possession means that there is no legal justification or permission; for example, possessing a drug that has no legal medical use in Georgia and/or for which you do not have a valid medical prescription.

As regards to medical marijuana, Georgia’s medical marijuana law “allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of Public Health to issue a “Low THC Oil Registry Card” to qualified persons, which will prove that they are authorized to have the oil, and protect them from arrest.”

There are several options for “first-time offenders” in the Georgia legal system that can keep you out of jail. Those who have been convicted of, or pled guilty to, simple have never been previously convicted of violating “any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drug” before may be eligible for a conditional discharge, under which the judge can dismiss the charge after the first-time offender meets certain conditions. The conditions that are typically required for a conditional discharge may take up to three years to complete. They include:

• Probation
• County jail
• Regular, mandatory drug screenings
• Fines
• Successful comprehensive rehabilitation program/Risk Reduction Program
• Community service

All requirements must be met in order to be successful. Failure in even one of these requirements these will cause revocation of the conditional discharge. It is important to discuss this with your drug charge lawyer to decide if you can make the commitment since there are no second chances.

There is a second option: under the Georgia First Offender Act, you won’t necessarily avoid some jail time, but upon successful completion of your sentence, you will not have a conviction, and your charge will be sealed from your official criminal history. Your drug crimes attorney informs you of your eligibility, but it is up to you to tell the Court that you are willing to enter the program. Eligibility is based on a number of factors, including no prior felony convictions in any state, and no previous First Offender sentencing. If the judge determines you are eligible, you adhere to all the terms served up by the judge, which can include paying any, and all fines, attending all meetings with your probation officer, and upholding all conditions of your agreement with the judge. Hopefully, jail time can be avoided; but in any case, if you successfully complete all requirements, you have a better chance to move on with your life.

Remember, though:

• While your conviction may be sealed to future employers, it is still accessible to the Court, to the police, and to prosecuting attorneys
• If you fail to uphold any of the conditions, you can lose your First Offender status, be resentenced, and receive the maximum sentence for the crime you committed

Hopefully, you abide by the terms of the agreement to complete your probation, and the probation officer will request an Order of Discharge from the judge.

Suppose you were previously convicted of a felony drug charge that may have been eligible for a First Offender’s status. In that case, you may still be able to be retroactively sentenced as a first-time offender, and have your conviction discharged. You would need to complete the probation program as provided under the First Offender law, and have your record modified to show no felony conviction.

Some drug charges are misdemeanors. While these are still crimes, they are less serious than a felony charge, which is what many people think of as a criminal charge. The only real example of a misdemeanor drug charge in Georgia is for possession of less than an ounce of marijuana, or a first offense charge for possession of drug paraphernalia such as pipes, scales, or bongs. In Atlanta, and several other communities, possession of less than an ounce is decriminalized; which means it is still illegal, but there is no arrest, and no prosecution. In Georgia, however, a misdemeanor is still a criminal charge that may include substantial penalties.

Felony drug charges are more serious: and, in fact, most drug possession charges in Georgia are considered felonies with punishments that can include thousands of dollars in fines, and years in prison. Moreover, you could lose driving privileges, make it more difficult to find employment, and you will be restricted from owning or possessing a firearm.

Whether a misdemeanor or a felony drug charge, it can cost you time, money, freedom, and future opportunities. If you have been arrested, and charged, let attorney Michael Fulcher help protect your rights.