Savannah Drug Crime Lawyer

What Are the Most Common Drug Offenses?

Possession of Marijuana:

• Less than an ounce (28.34 grams) is a misdemeanor punishable by 0-12 months in jail + fines.
• Greater than an ounce: is a felony punishable by 1 - 10 years in prison + fines.

Possession of Marijuana with Intent to Distribute:

• Need not be greater than an ounce
• Punishable by 1 - 10 years in prison + fines.

Possession of a Schedule I Controlled Substance: 

• Examples: MDMA; Heroin; THC Derivatives
• Less than 1 gram/milliliters: 1 - 3 years in prison + fines
• 1 - 4 grams: 1 - 8 years in prison + fines
• 4 - 28 grams: 1 - 15 years in prison + fines

Possession of a Schedule I Controlled Substance with Intent to Distribute:

• 1st Conviction: 5 - 30 years in prison + fines
• 2nd Conviction: 10 - 40 years in prison + fines
• 3rd or Subsequent Conviction: Recidivist Statute Applies

Possession of a Schedule II Controlled Substance

• Non- Narcotics: Cocaine; Methamphetamine;
• Less than 2 grams/milliliters: 1 - 3 years in prison + fines
• 2 - 4 grams: 1 - 8 years in prison + fines
• 4 - 28 grams: 1 - 8 years in prison + fines
• Narcotics: Fentanyl; Oxy
• Less than 1 gram: 1 - 3 years in prison + fines
• 1 - 4 grams: 1 - 8 years in prison + fines
• 4 - 28 grams: 1 - 15 years in prison + fines

Possession of a Schedule II Controlled Substance with Intent to Distribute

• 1st Conviction: 5 - 30 years in prison + fines
• 2nd Conviction: 10 - 40 years in prison + fines
• 3rd or Subsequent Conviction: Recidivism Applies

Possession of a Schedule III, IV or V Controlled Substance

• First Conviction: 1 - 3 years in prison + fines
• Second Conviction: 1 - 3 years in prison + fines
• Third or Subsequent Conviction: 1 - 5 years in prison + fines

Possession of a Schedule III, IV or V Controlled Substance with Intent to Distribute:

• 1 - 10 years in prison + fines

What Is the Penalty for Drug Trafficking?

Drug trafficking in Georgia carries a range in punishments depending on the weight/quantity of the marijuana or controlled substance at issue and can carry a minimum sentence of 10 years and a $200,000 fine to a maximum sentence of 30 years in prison and a $1 million dollar fine. 

While the Use of Communication Facility to purchase or distribute or conspiracy to purchase or distribute marijuana or a controlled substance carries a sentence of 1 - 4 years in prison + fines in the amount of $30,000.  With Conspiracy Charges carrying the same sentencing structure as the underlying charge.

What Is Considered Drug Paraphernalia in Georgia?

Georgia classifies any objects that assist in the manufacturing, concealing, or usage of illicit substances as drug paraphernalia. The state code § 16-13-32.2 details what this might constitute. Possession of drug paraphernalia is a misdemeanor offense. 

Do First Time Drug Offenders Go to Jail in Georgia?

It depends on the category of offense. For first time offenders in Georgia, Conditional Discharge may be possible. This allows for a defendant to be sentenced to probation along with other terms, following a guilty plea. If all conditions are met, the charges can be dismissed. Consult with our experienced Savannah drug crime lawyer today to see if this may be any option for you.

In the state of Georgia, the First Offender Act (O.C.G.A. 42-8-60) does permit certain first-time offenders of minor crimes to avoid conviction and be exonerated of charges, if all sentencing requirements are met. This may include probation and/or a period of confinement. However, it is important to note, that previous felony convictions and certain crimes (i.e., DUI) are not eligible under the First Offender Act. Additionally, if during the sentencing probation is violated by the defendant or they commit another crime, the judge can find them guilty. 

If Drugs Are Found in Your Car Who Is Responsible?

Both the owner or driver of the car and any subsequent passengers could be arrested if police find drugs in a car. This can be further complicated by how the state determines possession, whether it be considered “actual possession” or “constructive possession”. This can be influenced by where the drugs were found in the car. For example, if they were within your vicinity, and could be deemed within your control, then it could be constructive possession. 

What Are Schedule 1 and 2 Drugs?

The federal drug schedule categorizes the types of substances there are with the risk that is associated with them. Schedule 1 drugs are considered to be highly addictive with no medical purpose, while schedule 2 drugs are considered to be addictive with risk of abuse, but they can potentially be used for medical purposes.

Some common examples of schedule 1 drugs include heroin, ecstasy, LSD, and GHB. Examples of schedule 2 drugs are Adderall, codeine, opium, fentanyl, and morphine. 

How to Get a Drug Trafficking Charge Dismissed?

If an individual’s rights were violated, such as the drugs being found through an illegal search and seizure, or there was a lack of adequate evidence, or an error being made on the part of police, or instances of entrapment may lead to the case being dismissed. However, to ensure your rights are upheld and protected, it’s best to first hire a qualified Savannah attorney who can help build your defense. 

Get started on your case today by contacting our experienced drug defense attorney in Savannah, GA.