Stacey Goad is the only Coastal Georgia defense attorney honored to be listed in High Times Legal Directory: https://hightimes.com/legal/
Call The Atlantic Law Firm today for an honest assessment of your case including any mistake law enforcement may have made in your apprehension, detention, and search or seizure of your home or property.
Violation of the Georgia Controlled Substances Act: What You Need to Know
VGCSA stands for “Violation of the Georgia Controlled Substances Act.” It is a crime that occurs when someone violates one or more provisions of the Georgia Controlled Substances Act (GCSA).
Under Georgia law (O.C.G.A. 16-13-30), as well as the GCSA, possession, manufacture, sale, trafficking, and distribution of illegal drugs is considered unlawful.
Learning more about these offenses is important if you are facing a VGCSA charge. Depending on the type of drug and the amount involved, these drug offenses can result in heavy fines and up to 30 years in prison.
However, depending on the circumstances of the case, several defenses might be raised when facing a drug possession or drug trafficking charge.
Working with an experienced defense attorney is vital if you want to achieve the most favorable result.
Understanding the Criminal Justice System in Savannah
Taking on the criminal justice system in Savannah, Georgia, can be a daunting experience. Protect yourself by partnering with a respected criminal law firm throughout the process.
- The process begins with an investigation by law enforcement, which may lead to an arrest if sufficient evidence is found.
- Once arrested, charges are filed, and the case moves to a grand jury.
- The grand jury (citizens from the community) determines whether there is enough evidence to indict (charge) the defendant.
- If an indictment is issued, the case proceeds to trial, where a judge or jury will decide the defendant’s guilt or innocence.
Throughout this process, you want a skilled criminal defense attorney by your side. Attorney Goad is a knowledgeable attorney who can help you understand each legal step, protect your rights, and develop effective defense strategies.
What is a Controlled Substance Schedule?
In Georgia, drugs and related products are categorized into several different schedules. Different levels of drug charges can lead to different criminal offense charges.
Possession of Schedule I Drug:
Drugs that are classified as Schedule I drugs in Georgia include ecstasy, heroin, and LSD. They are considered highly addictive drugs. Possession of a Schedule I drug will be treated as a felony under O.C.G.A. 16-13-25.
Facing a criminal case for possession of a Schedule I drug requires a strong legal defense.
Possession of Schedule II Drug:
Schedule II drugs in Georgia include cocaine, fentanyl, methamphetamine, amphetamines, barbiturates, oxycodone, and codeine.
These drugs are not as highly abused as Schedule I drugs, but many people become physically dependent upon these drugs. See O.C.G.A. 16-13-26.
Possession of Schedule III Drug:
Steroids are the most common schedule III drugs used. Some Schedule III drugs have limited medical use.
They are not as abused as Schedule I or Schedule II drugs. See O.C.G.A. 16-13-27.
Possession of Schedule IV Drug:
Xanax, Soma, Ambien, Ativan, Darvocet, and Valium are examples of schedule IV drugs in Georgia.
Abuse of schedule IV drugs can lead to psychological or physical dependence. The penalty for possessing a schedule IV drug will also be a felony. See O.C.G.A. 16-13-28.
Possession of Schedule V Drug:
Criminal defense lawyers play a crucial role in defending against Schedule V drug charges.
Most Schedule V drugs have accepted medical uses, and people rarely become dependent on these drugs. Examples include cough syrup with less than 200 milligrams of codeine per 100 milliliters, such as Robitussin AC, Lomotil, and Lyrica.
Although these drugs rarely lead to dependency, possession of these drugs will still be treated as a felony. See O.C.G.A. 16-13-29.
Call Stacey M. Goad: 912-209-9000
Common Drug Crimes in Savannah, Georgia
Note: Laws may change. For the most up-to-date information, consult with Attorney Goad.
1. Marijuana
Possession of marijuana in small quantities (less than one ounce) is classified as a misdemeanor in Georgia. Penalties may include:
- Up to 12 months in jail
- A fine of up to $1,000
- Or both jail time and a fine
Felony Offense
Possessing more than one ounce of marijuana is considered a felony. This offense carries:
- A minimum sentence of one year in prison
Legal reference: O.C.G.A. 16-13-2 (b)
Marijuana Extracts and Concentrates
Regardless of quantity, possession of any marijuana extract or concentrate is a felony offense in Georgia.
Legal Implications
Marijuana possession can result in serious legal consequences. Current laws in Georgia are strict, and those charged with possession may require the assistance of an experienced drug crime defense attorney.
Note: Laws may change. For the most up-to-date information, consult with Attorney Goad.
2. Cocaine
Selling more than 28 grams of cocaine is classified as trafficking. The law applies to cocaine or mixtures with 10% or more purity.
Penalties for Trafficking
- 28 to 199 grams:
- Mandatory minimum: 10 years imprisonment
- Fine: $200,000
- 200 to 399 grams:
- Mandatory minimum: 15 years imprisonment
- Fine: $300,000
- 400 grams or more:
- Mandatory minimum: 25 years imprisonment
- Fine: $1 million
Low Purity Mixtures
For mixtures with less than 10% cocaine, the total weight is multiplied by the percentage of cocaine. If this calculated amount exceeds the quantities specified above, it's treated as trafficking with the same penalties.
3. MDMA/Ecstasy
MDMA, commonly known as Ecstasy, is classified as a Schedule I substance in Georgia. Possession of any amount leads to felony charges.
Penalties Based on Weight
The severity of penalties for MDMA-related offenses in Georgia depends on the weight of the substance, including any mixture. The law considers solid substances, liquid substances, and substances placed on a secondary medium.
1. Less than 1 gram/milliliter
- Solid: < 1 gram
- Liquid: < 1 milliliter
- On secondary medium: combined weight < 1 gram
- Penalty: 1-3 years imprisonment
2. 1 gram to less than 4 grams/milliliters
- Solid: 1 to < 4 grams
- Liquid: 1 to < 4 milliliters
- On secondary medium: combined weight 1 to < 4 grams
- Penalty: 1-8 years imprisonment
3. 4 grams to less than 28 grams/milliliters
- Solid: 4 to < 28 grams
- Liquid: 4 to < 28 milliliters
- On secondary medium: combined weight 4 to < 28 grams
- Penalty: 1-8 years imprisonment
4. Methamphetamine
Methamphetamine is classified as a Schedule II substance in Georgia. Possession, sales, trafficking, and distribution of methamphetamine are all serious offenses under Georgia law.
Penalties Based on Weight
The severity of penalties for methamphetamine-related offenses in Georgia depends on the weight of the substance, including any mixture. The law considers solid substances, liquid substances, and substances placed on a secondary medium.
1. Less than 1 gram/milliliter
- Solid: < 1 gram
- Liquid: < 1 milliliter
- On secondary medium: combined weight < 1 gram
- Penalty: 1-3 years imprisonment
2. 1 gram to less than 4 grams/milliliters
- Solid: 1 to < 4 grams
- Liquid: 1 to < 4 milliliters
- On secondary medium: combined weight 1 to < 4 grams
- Penalty: 1-8 years imprisonment
3. 4 grams to less than 28 grams/milliliters
- Solid: 4 to < 28 grams
- Liquid: 4 to < 28 milliliters
- On secondary medium: combined weight 4 to < 28 grams
- Penalty: 1-8 years imprisonment
Understanding Dangerous Drugs
The term “dangerous drugs” refers to drugs under the Food, Drug, and Cosmetic Act that may be dispensed only with a prescription.
Georgia defines dangerous drugs as ones that are not contained in Schedule I, Schedule II, Schedule II, Schedule IV, or Schedule V. A conviction for dangerous drug offenses can result in a permanent criminal record, affecting future opportunities.
Stacey M. Goad has more than 15 years of experience prosecuting and defending drug crimes. She can handle your case no matter the situation and has the skills you need to defend against any accusation of dangerous drug crimes in Georgia.
Dangerous Drug Crimes in Georgia Include:
Obtaining or Attempting to Obtain Dangerous Drugs by Fraud, Forgery or Concealment of a Material Fact:
Trying to obtain dangerous drugs by using fraud, forgery, or concealment of a material fact is a violation of O.C.G.A. 16-13-78 (a) and is punishable as a misdemeanor.
Possession, Manufacture, Delivery, Distribution, or Sale of Counterfeit Substances:
There are countless types of counterfeit substances. However, no matter what type of counterfeit substance, it is illegal to possess, manufacture, deliver, distribute, and possess with intent to distribute or sell them. Pursuant to O.C.G.A. 16-13-78.2
Prescribing or Ordering Dangerous Drugs:
It is illegal to prescribe or order the dispensing of a dangerous drug unless you are licensed to do so. Additionally, this must be done in the usual professional practice and for a legitimate medical purpose. The punishment for violating O.C.G.A. 16-13-78.1 is a misdemeanor.
Sale, Distribution, or Possession of Dangerous Drugs:
It is illegal to sell, possess, distribute, or even give away dangerous drugs. See O.C.G.A. 16-13-72
Using a Fictitious Name or False Address When Obtaining Drugs:
Pursuant to O.C.G.A. 16-13-76, no one shall obtain or attempt to obtain a dangerous drug using a false name or address. Obtaining dangerous drugs using a false name or address is punishable as a misdemeanor in the State of Georgia.
Talk to Savannah Criminal Defense Attorney Stacey Goad Today
Experienced defense attorneys are a force to be reckoned with, and Attorney Stacey Goad is one of them. As the sole practitioner at Atlantic Law Firm, she brings over 15 years of experience and tenacity to your case.
Do not face these charges alone. Call Attorney Goad for an honest assessment of your case, including any mistakes law enforcement may have made in your apprehension, detention, and search or seizure of your home or property.
All calls are free and confidential.