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.
Possession Of Schedule 1 & Schedule 2 Drugs in Morgan County, Georgia
What is possession of schedule 1?
Possession of a Schedule 1 substance is a serious drug charge that carries harsh penalties in Georgia and many other states. A Schedule 1 substance is considered to have a high potential for abuse and no accepted medical use, and includes drugs such as heroin, LSD, and ecstasy. If you are facing charges for possession of a Schedule 1 drug, it is important to consult with a skilled drug possession lawyer who can help you understand the potential consequences and options for your defense.
Drugs in these categories include those most likely to be abused and have no or little accepted medical use. Schedule I drugs are those considered to be the most dangerous, addictive, or likely to be abused. The most common Schedule I Drugs in Georgia include heroin, LSD, MDMA (ecstasy or molly), and psilocybin (mushrooms). Even though it has been legalized for recreational use in 18 states and the District of Columbia, marijuana is a Schedule I drug under federal law and is illegal in Georgia. The state does permit authorized use of medical marijuana oil that has no more than 5% THC.
What is possession of schedule 2?
Possession of a Schedule 2 substance is a serious drug charge that carries severe penalties in Georgia and other states. This category includes drugs with a high potential for abuse, such as cocaine, methamphetamine, and opioids like oxycodone and fentanyl. The severity of the penalties depends on the quantity of the drug and whether it is deemed to be for personal use or intent to distribute. If you are facing charges for possession of a Schedule 2 substance, it is essential to seek the guidance of an experienced drug possession lawyer who can help you understand your options and defend your rights.
Schedule II drugs are those that still have a high risk of dependency and abuse but also have some accepted medical uses. Codeine, morphine, methadone, methamphetamine, fentanyl, cocaine, and oxycodone, all fit into this category.
Schedule III and Schedule IV drugs
Drugs in these schedules all have an accepted medical use and are considered to be anywhere from moderate to low probability of misuse. Schedule III drugs include ketamine, anabolic steroids, and products containing less than 90 milligrams of codeine per dosage, such as acetaminophen (Tylenol) with codeine.
Schedule IV drugs have an even lower potential for abuse than Schedule III drugs, such as Valium, Xanax, and Ambien. The last category is Schedule V, which includes cough medicines with less than 200 milligrams of codeine per dose.
All scheduled drugs that have a legitimate and accepted medical use are only legal with a prescription, and only for the person for whom the prescription is intended. Any other use or possession is deemed unlawful.