Were you arrested for a drug-related offense? Drug charges—no matter if they are for possessing, distributing, or trafficking—can carry harsh consequences in Georgia, especially if the case involves a felony-level crime or controlled substances.
The aftermath of a drug arrest can be incredibly stressful and overwhelming, but you don’t have to go through it all alone. Instead, let a drug crimes defense lawyer in Dawsonville advocate for your rights and stand by your side during the entire legal process.
With a criminal defense lawyer in Dawsonville from Speights Law by your side, you can understand your rights, explore your options, and prepare for what comes next. For over 20 years, we’ve defended people facing charges just like yours, and we’re here for you.
Controlled Substance Schedules in Georgia
Georgia classifies drugs using a schedule system that mirrors federal guidelines, though with some variations. The severity of a drug charge often hinges on the classification of the substance involved:
- Schedule I: These substances are considered to have no accepted medical use and a high potential for abuse. Examples include LSD, heroin, and ecstasy.
- Schedule II: These drugs have medical uses but also a high potential for abuse and dependence. This category includes cocaine, methamphetamine, oxycodone, and morphine.
- Schedule III: These drugs have a moderate to low potential for physical and psychological dependence. Anabolic steroids and some barbiturates fall under this schedule.
- Schedule IV: Drugs in this category have a lower potential for abuse. Examples include Xanax, Valium, and Ativan.
- Schedule V: These are the least regulated substances and often contain limited quantities of narcotics. Some cough syrups with codeine fall into this category.
The schedule of the drug involved in a case directly affects the severity of the potential penalties. For instance, possession of a Schedule I or II substance typically results in more serious charges than possession of a Schedule IV or V substance.
Common Types of Drug Offenses in Dawsonville
In Dawsonville and across Georgia, drug-related offenses vary widely in scope and severity. Let’s take a look at examples of criminal charges people often face.
Possession
Possession can be charged as either actual or constructive. Actual possession means the drug was found on the person. Constructive possession refers to situations where the substance was found in an area over which the accused had control, such as a car or shared apartment.
Possession of less than one ounce of marijuana is treated as a misdemeanor under Georgia law, punishable by up to one year in jail and a fine of up to $1,000. Possession of other controlled substances, however, is generally charged as a felony.
Possession With Intent to Distribute
Possession with intent to distribute is a more serious charge than simple possession. Prosecutors often infer intent based on the quantity of drugs, how they are packaged, the presence of scales or baggies, and the presence of large amounts of cash.
This charge does not require proof of an actual sale—merely the intent to sell, distribute, or deliver. It is typically charged as a felony and comes with longer prison sentences and higher fines.
Drug Trafficking
Drug trafficking is a very serious drug offense under Georgia law. Unlike other charges, trafficking charges are based solely on the weight of the drugs involved, regardless of intent or actual sales. Here are a few examples:
- Possession of 28 grams or more of cocaine can result in a trafficking charge.
- Possession of 10 pounds or more of marijuana triggers trafficking penalties.
- Having more than 4 grams of heroin or opiates can also result in a trafficking charge
Mandatory minimum sentences apply to trafficking offenses in Georgia. For instance, trafficking between 28 and 200 grams of cocaine carries a mandatory minimum sentence of 10 years in prison and a $200,000 fine.
Manufacturing and Cultivation
Manufacturing charges apply when a person is involved in the production of controlled substances. This can include operating a meth lab or growing marijuana plants.
Cultivation of even a single marijuana plant can be charged as a felony in Georgia. Evidence of intent to manufacture—such as the presence of precursor chemicals, grow lights, or other equipment—can escalate the severity of charges.
Prescription Drug Offenses
Prescription drug abuse is a growing concern in Dawsonville and throughout Georgia. Charges may arise from:
- Possessing prescription medication without a valid prescription
- Forging prescriptions
- Doctor shopping (visiting multiple doctors to obtain prescriptions)
- Selling or distributing prescription medications
Prescription drugs such as oxycodone, Adderall, and Xanax are frequently involved in these cases. Depending on the schedule of the drug and the circumstances of the case, these offenses may be charged as misdemeanors or felonies.
Drug Paraphernalia
It is also illegal in Georgia to possess, sell, or manufacture drug paraphernalia. This includes items like pipes, syringes, rolling papers, and bongs, especially when they show signs of drug use.
While paraphernalia charges are typically misdemeanors, they often accompany more serious charges and can lead to enhanced penalties when combined with other offenses.
Penalties for Drug Offenses in Georgia
Georgia imposes stiff penalties for drug offenses. While exact consequences depend on the type and quantity of the drug involved, general penalties are as follows:
- Misdemeanor marijuana possession for less than one ounce: Up to one year in jail and a $1,000 fine
- Felony drug possession for Schedules I or II: One to 15 years in prison for a first offense (depending on the substance and amount), which can be doubled if there are prior convictions
- Possession with intent to distribute: Five to 30 years in prison, depending on the drug and the quantity of it
- Trafficking: Mandatory minimums of 10 years in prison, with fines ranging between $100,000 and $1,000,000 or more
In addition to prison time and fines, those convicted of any of these crimes may face the following consequences:
- Loss of driving privileges
- Ineligibility for certain jobs
- Ineligibility for federal student aid
- Mandatory drug testing and probation
- Permanent criminal record
Contact Our Drug Crimes Defense Law Firm in Dawsonville for More Information
If you or someone you love is facing drug-related charges, you don’t have to deal with the uncertainty of your circumstances all by yourself. This situation can feel isolating, confusing, and overwhelming, but we don’t want you to try to figure everything out on your own.
Instead, reach out to the Dawsonville drug crimes defense lawyers at Speights Law. We have the knowledge and experience it takes to handle criminal cases. You can trust us to advocate for you every step of the way and fight for your future as your legal counsel.
You deserve a strong defense, and we’re ready to stand up for your rights. Don’t wait to reach out—we’re here for you. The sooner you contact our Dawsonville drug crimes defense law firm, the sooner we can work on building a strategy that protects your freedom and your future.