If you’re facing criminal charges for possession of a controlled substance in Georgia, understanding the penalties you can face is critical. This is an incredibly serious offense that can uproot your life and follow you around forever. As such, understanding what warrants these charges and the consequences you can face if convicted is critical. The following blog explores these circumstances in further detail and explains why you should connect with a Cobb County drug possession lawyer to assist you during these difficult times.
What Is a Controlled Substance and What Warrants Possession?
Under Georgia law, a controlled substance refers to any drug, narcotic, or chemical that is regulated by the government due to it’s inherent risk. Generally, controlled substances include both illicit and prescription medications. It is illegal to possess prescription medications without a valid prescription in Georgia. Additionally, drugs are divided into different schedules, or classification groups, based on their potential for abuse and whether or not they serve a medical purpose.
Like most states, possession can be actual or constructive in Georgia. Actual possession refers to any time you are found with a controlled substance on your person, like in your pockets or in a bag you are holding. Constrictive possession means you can be held liable for drugs that are not in your physical possession at the time of the arrest, so long as it can be proven that you had control over the substance. For example, if you borrowed a friend’s car and they left heroin in the center console, and you knew it was there, you can be arrested for possession because you exerted control over the substance, even if it is not technically yours.
What Penalties Can I Face?
It’s imperative to understand that the charges you can face for possession of a controlled substance will vary greatly in Georgia based on the schedule of drugs you are found with and the amount in your possession at the time of arrest. However, all possession charges are felony offenses. In Georgia, the penalties are generally as follows:
- Schedule I or Narcotics Schedule II: Carries between two and fifteen years in prison
- Non-Narcotic Schedule II: Carries between two and fifteen years in prison
- Schedule III, IV, or V: Carries between one and five years in prison
It’s also important to note that if you are a repeat offender, meaning you’ve faced prior possession charges in the past, the penalties will increase.
Facing a possession charge in Georgia is not something that should be taken lightly as the penalties for this offense are incredibly harsh. As such, trying to navigate these matters on your own is not in your best interest. Instead, you should connect with an experienced criminal defense attorney from Miller Law Practice to help you during these times. Our dedicated and experienced attorneys will examine your circumstances to help determine the best course of action for your specific situation. Contact us today to learn how we can help you through these difficult matters.