Every state regulates the possession of controlled dangerous substances (CDS), though each differs in its definition of CDS and the penalties for their possession. Georgia classifies not only well-known drugs like marijuana, heroin and cocaine as controlled substances, but also the compounds used to manufacture them.
Certain drugs, like codeine, may be legally possessed with a valid prescription.
Georgia divides its CDS into five "schedules," according to their likelihood for abuse.
(Georgia Code Section 16-13-25 through 16-13-29.)
This article concerns the possession of CDS for personal use only. Separate punishments apply to the sale of CDS. For information about sale of CDS, see Sale of a Controlled Substance in Georgia.
CDS possession crimes are all felonies, except for those that involve small amounts of marijuana. The penalty for felony possession depends on the type of CDS involved in the offense. Multiple possession convictions are punished more harshly.
To understand the charges and penalties you might be facing, begin with the charging document in your case (usually called either a complaint or, if from a grand jury, an indictment). Identify the name of the drugs specified in the document, consult the schedules explained above, and place them in the proper schedule. Then read below to learn about possible charges and sentences.
Possession of any Schedule I CDS or Schedule II narcotic is a felony punishable by two to 15 years in prison. A second or subsequent conviction is punishable by five to 30 years in prison.
Possession of any Schedule II CDS other than a narcotic is a felony punishable by to two to 15 years in prison. A second or subsequent conviction is punishable by five to 30 years in prison.
Possession of a Schedule III, IV, or V CDS is a felony and punishable by one to five years in prison. A second or subsequent conviction is punishable by one to ten years in prison.
This provision does not include flunitrazepam, a Schedule IV CDS.
(Georgia Code Section 16-13-30.)
Possession of flunitrazepam is a felony and punishable by two to 15 years in prison. A second or subsequent conviction is punishable by five to 30 years in prison.
(Georgia Code Section 16-13-30.)
The penalty for possession of marijuana depends on the amount involved in the offense.
For more information see Marijuana Possession Laws in Georgia.
(Georgia Code Section 16-13-30.)
A felony conviction punishable by a period of incarceration of ten years or less may, at the court's discretion, be sentenced as a misdemeanor.
(Georgia Code Section 17-10-5.)
The attempt, or conspiracy to commit, any CDS crime is punishable by a period of incarceration up to the maximum sentence permitted for the actual commission of the underlying crime.
(Georgia Code Section 16-13-33.)
The possession of, or possession with the intent to use, drug related objects is a misdemeanor punishable by up to one year of incarceration, a fine of up to $1,000, or both. Drug related objects include:
(Georgia Code 16-32-32.2 and 17-10-3.)
If a defendant has never been convicted of a CDS-related crime in Georgia or under any other law of the United States, the court may, with the defendant's consent, impose a period of probation and withhold a finding of guilt. The judge may require the defendant to enroll in a drug treatment program. If the defendant does not violate probation, the court will dismiss the underlying charges, and the defendant will not have a conviction on his record.
If the defendant violates any condition of probation, the court will resume criminal proceedings by entering a finding of guilt into the official court record and proceeding with sentencing.
(Georgia Code 16-13-2.)
A conviction for the possession of CDS can result in long periods of incarceration and have life long consequences. You should consult an attorney experienced in CDS defense so that you can understand the charges you face, the possible penalties, and the options available to you such as a guilty plea, a plea to a lesser charge, or a trial.
Start here to find criminal defense lawyers near you.