Even if you do not sell, manufacture, or use drugs, you can be convicted on criminal charges merely for the possession of a controlled substance, including marijuana, in Georgia. The following considers the different penalties for the different types of drugs, defenses to drug possession, and how the experienced drug possession attorneys at the Law Office of Thomas, Webb, and Willis, LLC can help you.

Penalties for Drug Possession in Atlanta

Section 16-13-30 of Georgia Code addresses the penalties for the possession of a controlled substance or marijuana in Georgia. According to the statute, it is unlawful for any person to “possess, or have under his control any controlled substance.” If you are convicted of drug possession, you may face:

• Imprisonment of up to 15 years, and no less than two years, if you are found to be in possession of a schedule I substance (e.g. ecstasy, heroin, etc.) or a narcotic schedule II drug (e.g. Oxycodone). If you are charged with a subsequent offense, you may face up to 30 years in prison. The possession of a schedule II drug other than a narcotic (such as cocaine) also carries a penalty of incarceration of up to 15 years’ time.
• Felony charges for the possession of a schedule III (testosterone), schedule IV (Xanax), or schedule V (e.g. codeine) drug. Illegal possession of these substances is punishable by up to five years in prison, and no less than one year.

The possession of marijuana is classified as a misdemeanor if the possession amount is less than one ounce.

Defenses to Drug Possession

If you are charged with drug possession, it will be important that you work with an experienced attorney who can help you to understand the charges against you and build a strong defense. Some defenses to drug possession charges include unlawful search and seizure, entrapment, lack of knowledge of drug’s existence, and medical exception (you may have been prescribed the drug by a doctor).

Contact An Atlanta Drug Attorney Today

Atlanta drug attorneys can help you to understand drug possession charges. At the Law Offices of Thomas, Webb, and Willis, LLC, we are ready to advise and represent you, no matter the type or amount of drug involved. For a free case consultation, call our offices anytime, night or day. (404) 250-1113.