Marijuana
Marijuana. You’d think it would be legal by now.
Unfortunately, possessing even a small amount of marijuana (under one ounce) is a misdemeanor offense, carrying a penalty of up to 12 months in jail, one thousand dollar fine, or both. Possessing more than one ounce of marijuana is a felony offense carrying a minimum sentence of one year in prison.
Sometimes the weight doesn’t even matter. Many young people and health conscious marijuana consumers are turning to marijuana extracts and concentrates. Be advised, in the State of Georgia possessing any amount of marijuana extract is a felony offense.
Until the Georgia General Assembly catches up with the times, anyone charged with possessing marijuana will need the assistance of an experienced drug crime defense attorney. The right lawyer will challenge every step of the State’s case. Was the search valid? Was the seizure constitutional? Has the substance been tested by the Georgia Bureau of Investigations and proven, in fact, to be the substance alleged?
Do not face these drug crime charges alone. Call Defense Attorney Stacey Goad in Savannah for an honest assessment of your drug crime defense 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. 912-209-9000
See Penalties for Possession of Marijuana
OFFENSE | SEVERITY | INCARCERATION | MAX FINE |
---|---|---|---|
Possession less than one ounce | Misdemeanor | 0-12 months | $1,000 |
Possession more than one ounce | Felony | 1-10 years | $5,000 |
*Second or subsequent offenses may carry harsher penalties.
See Penalties for Possession of Marijuana With Intent to Distribute
OFFENSE | SEVERITY | INCARCERATION | MAX FINE |
---|---|---|---|
10 lbs or less | Felony | 1-10 years | $5,000 |
10lbs-200 lbs | Felony | 5-30 years | $100,000 |
200- 10,000 lbs | Felony | 7-30 years | $250,000 |
More than 10,000 lbs | Felony | 15-30 years | $1,000,000 |
Within 1,000 ft of a school | Felony | 5-40 years | $40,000 |
*Second or subsequent offenses may carry harsher penalties.
See Penalties for Cultivation or Manufacture of Marijuana
OFFENSE | SEVERITY | INCARCERATION | MAX FINE |
---|---|---|---|
10 lbs or less | Felony | 1-10 years | $5,000 |
10-2000lbs | Felony | 5-30 years | $100,000 |
2000-10,000 lbs | Felony | 7-30 years | $250,000 |
More than 10,000 lbs | Felony | 15-30 years | $1,000,000 |
Within 1,000 ft of a school | Felony | 5-40 years | $40,000 |
*Second or subsequent offenses may carry harsher penalties.
See Penalties for Possession of Extracts and Concentrates (hash, BHO, wax, dabs, shatter, oil, etc.)
OFFENSE | SEVERITY | INCARCERATION | MAX FINE |
---|---|---|---|
Possession of less than one gram (solid) or 1 milliliter (liquid) | Felony | 1-3 years | $5,000 |
Possession of more than 1 less than 4 grams (solid) or more than 1 less than 4 milliliters (liquid) | Felony | 1-8 years | $5,000 |
Manufacture, distribution, selling, or possessing with intent to distribute | Felony | 5-30 years | $5,000 |
*Second or subsequent offenses may carry harsher penalties.
Controlled Substance Schedule
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.
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.
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.
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.
Possession of Schedule V Drug:
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.
Cocaine
Possession, sales, trafficking, and distribution of cocaine are all serious offenses under Georgia Law. Attorney Stacey M. Goad has the experience you or your loved ones will need if you’re fighting these serious felony charges.
Weight makes all the difference. For example:
Possession – Cocaine is a Schedule II substance. As such, possessing even a tiny amount will lead to felony charges. If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, upon conviction, a sentence of 1-3 years will be imposed.
If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams upon conviction, a sentence of 1-8 years will be imposed.
If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, a sentence of 1-8 years will be imposed.
It is important to note, the more a person possesses of any drug, the more likely a charge for sales, possession with intent, or ultimately trafficking becomes.
Sale of Cocaine
Any person convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute cocaine shall be punished by imprisonment for not less than five years nor more than 30 years.
Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment.
If you are charged with selling more than 28 grams, the crime becomes trafficking cocaine. Pursuant to O.C.G.A. 16-13-31,
(a) (1) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this state or who is in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
(2) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this state or who is in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection, depending upon the quantity of cocaine such person is charged with selling, manufacturing, delivering, or bringing into this state or possessing.
Do not face these charges alone. Call Stacey today 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. 912-209-9000
MDMA
Commonly referred to as ecstasy or molly, MDMA is a Schedule I drug.
As such, possession, sales, trafficking, and distribution of MDMA are all serious offenses under Georgia Law. Attorney Stacey M. Goad has the experience you or your loved ones will need if you’re fighting these serious felony charges.
Weight makes all the difference. For example:
Possession – MDMA is a Schedule I substance. As such, possessing even a tiny amount will lead to felony charges. If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, upon conviction, a sentence of 1-3 years will be imposed.
If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams upon conviction, a sentence of 1-8 years will be imposed.
If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, a sentence of 1-8 years will be imposed.
It is important to note, the more a person possesses of any drug, the more likely a charge for sales, possession with intent, or ultimately trafficking becomes.
Sale of MDMA
Any person convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute MDMA shall be punished by imprisonment for not less than five years nor more than 30 years.
Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment.
Do not face these charges alone. Call Stacey today 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.
912-209-9000
Methamphetamine
Possession, sales, trafficking, and distribution of meth are all serious offenses under Georgia Law. Attorney Stacey M. Goad has the experience you or your loved ones will need if you’re fighting these serious felony charges.
Weight makes all the difference. For example:
Possession – Meth is a Schedule II substance. As such, possessing even a tiny amount will lead to felony charges. If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, upon conviction, a sentence of 1-3 years will be imposed.
If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams upon conviction, a sentence of 1-8 years will be imposed.
If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, a sentence of 1-8 years will be imposed.
It is important to note, the more a person possesses of any drug, the more likely a charge for sales, possession with intent, distribution, etc. becomes.
Sale of Meth
Any person convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute methamphetamine shall be punished by imprisonment for not less than five years nor more than 30 years.
Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment.
Do not face these charges alone. Call Stacey today for an honest assessment of your case including any mistakes law enforcement may have made in your apprehension, detention, and the search or seizure of your home or property. All calls are free and confidential. 912-209-9000
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.
Stacey M. Goad has over a decade of experience both prosecuting and defending drug crimes. She can handle your case no matter the situation and has the experience you need to defend any accusation of dangerous drug crimes in Georgia. Contact us today for a free case evaluation.
Dangerous Drug Crimes in Georgia Include:
Obtaining or Attempting to Obtain Dangerous Drugs by Fraud, Forgery or Concealment of a Material Fact:
In Georgia, it is illegal to be in possession or try to obtain dangerous drugs without a valid prescription. Trying to obtain dangerous drugs by using fraud, forgery, or concealment of a material fact any of these false pretenses will be severely punished.
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, possess with intent to distribute or sell them.
Possession, Sale, or Transfer of Model Glue:
Not only is it illegal to inhale model glue, but it is a crime to possess, sell, or transfer model glue without a permit or license. If conviction of possessing, selling, or transferring model glue to minors, it will be a misdemeanor conviction.
Prescribing or Ordering Dangerous Drugs:
It is illegal to prescribe or order dangerous drugs except in specific situations. This offense is treated as a misdemeanor in Georgia.
Sale, Distribution, or Possession of Dangerous Drugs:
This statute precludes people from selling, distributing, or possessing dangerous drugs. However, there are a few situations where it is legal.
Using a Fictitious Name or False Address When Obtaining Drugs:
It is illegal for a person to obtain drugs by using false information. If convicted of this crime, you will be charged with a misdemeanor. Misdemeanor convictions in Georgia carry penalties of up to one year in jail, fines up to $1,000, or both.
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POSTED BY DALLAS IN NOVEMBER 2018
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