Possession of Drugs

Possession of Drugs

Possession of Drugs Charges

While more courts are recognizing the need for an alternative sentence other than prison for non-violent drug offenses, possessing small amounts of most drugs is still considered a felony offense.  If convicted, a felony is likely to affect the rest of your life.  A felony offense can prevent job opportunities, the right to carry a weapon, suspend your driving privileges, prevent student loans or other financing, foreclose housing benefits, revoke professional licensing, and many, many other consequences.

For a first possession of drugs, you may be eligible for conditional discharge sentencing under O.C.G.A. 16-3-2.  If your attorney negotiates a sentence involving conditional discharge, you will not receive a conviction for the charge so long as you successfully complete the terms of your sentence.  You can benefit from this protection only once in your lifetime.

You need the right attorney, right away, to begin the thorough analysis necessary to overcome your charges. Potential defenses may include the assertion of your 4th Amendment Right to be free of Unlawful Search and Seizure. This requires a deep knowledge of the law and police practices.  STERN Law has litigated hundreds of felony drug cases with much success and, most importantly, the satisfaction of her clients.

Possession of Drugs (2013 law will change July 2014)
(a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.

(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3) (A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(B) This paragraph shall not apply to morphine, heroin, or opium or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.

O.C.G.A § 16-13-30 (2013 law will change July 2014)