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In the state of Georgia, drug possession is a serious legal infraction that can result in significant penalties. The first step to building a solid criminal defense is to understand the nature of the charges against you. Learn more about Georgia's drug possession laws to better prepare for the next steps in the legal process.

What You Need to Know About Drug Possession Laws in Georgia

Classifications

criminal defenseDrugs are classified in five different levels with the lower classification numbers indicating a higher risk of dependency and a more severe punishment.

Schedule I drugs have the highest chance for addiction and include heroin, LSD, and marijuana. 

Schedule II drugs are equally dangerous, but they also have medicinal purposes, such as OxyContin. 

Schedule III drugs, including Vicodin, come with a decreased possibility of dependency and are meant to be prescribed and monitored by a healthcare provider.

Drugs that fall under Schedules IV and V have the lowest addiction risk, such as Xanax, cough syrup with codeine, and Lyrica.

Penalties

Possession of Schedule I and II drugs can result in anywhere from two to 15 years in jail for a first offense and up to 30 years for repeated convictions. For Schedule II drugs that are non-narcotic, subsequent convictions can range from five to 30 years. Schedule III, IV, and V drugs will land a person behind bars for anywhere from one to five years, with one to 10 years for a repeat conviction.

Marijuana Possession

Marijuana possession is no less serious in the eyes of the law. Possession of one ounce of marijuana or less is punishable by a year in prison and a fine of up to $1,000. Possession of more than one ounce comes with a mandatory minimum of one year in jail and a fine up to $5,000. However, you can be sentenced to up to 10 years in jail for this crime.

 

If you’ve been charged with drug possession, the criminal defense lawyers at Arnold & Stafford are here to help. They have over 60 years of combined experience in a variety of legal practice areas, including criminal defense, personal injuries, vehicle accidents, and divorce and child custody cases. Based in Hinesville, GA, they’re licensed in Georgia, Florida, California, Hawaii, and Iowa. Call (912) 369-4529 to schedule a free initial consultation, or visit them online to learn more about their practice areas.

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