What are the penalties for drug offenses in Georgia?

On Behalf of | Oct 3, 2024 | Drug Crimes

Arrests are made everyday in Georgia for drug offenses. The state criminalizes the possession of certain prohibited substances including methamphetamine and LSD. People can also face criminal charges for the improper use or possession of prescription medication, especially medications associated with abuse.

Those facing drug charges often worry about what the future may hold. They may want to avoid jail time and a criminal record. It’s only natural to worry about the potential consequences of a conviction.  How does Georgia typically penalize drug offenses?

There are an assortment of penalties possible:

The specific charges the state brings are typically a reflection of numerous details. What someone specifically did with the drugs, the type of drugs and the amount of drugs all influence the charges and penalties possible.

Typically, with a few exceptions for minor possession offenses of specific substances, almost all drug charges in Georgia are felony offenses. The state classifies drugs based on different schedules, with Schedule I drugs being the most dangerous.

Those accused of simple possession of a drug that falls into Schedule III, IV or V could face between one and five years in state custody. Offenses related to Schedule I and II substances can result in between two and 30 years in prison. Many drug charges also lead to thousands of dollars in fines.

Those accused of trafficking typically face more serious penalties. The minimum sentence for a trafficking offense could be five years in prison. Defendants accused of trafficking larger amounts can face up to 25 years in prison for as little as 28 grams (roughly one ounce) of certain narcotics.

Pleading guilty does not necessarily result in a lenient sentence when facing Georgia drug charges. The courts can impose any sentence that aligns with state law, and certain charges may be subject to mandatory minimum sentencing rules. The best way to secure a positive outcome, avoid large fines and stay out of state custody is to mount a successful defense.

Properly responding to pending drug charges requires an understanding of the law and the evidence prosecutors intend to use to prove their case. Defendants who fight back against their charges have the best chance of avoiding incarceration, fines and other costly consequences, including a permanent criminal record.