Possession of a Controlled Substance

If you have been charged with a drug possession in Atlanta, you do not necessarily have to face a conviction for this serious offense. The Georgia state prosecutor is required to prove you committed every element of the offense beyond a reasonable doubt. If your experienced Atlanta criminal defense attorney is able to cast any doubt on the prosecution’s case, your criminal charges could be reduced to a lesser charge or even dismissed.

However, a conviction for possessing a controlled substance in Atlanta could result in harsh penalties, including a lengthy prison sentence, steep fines, a potentially permanent criminal record, a driver’s license suspension, an inability to pursue certain professional occupations and/or refusal to be admitted to certain colleges or graduate school programs.

Therefore, it is important to contact an experienced drug defense attorney in Atlanta to begin crafting your legal strategy and help you achieve the best possible outcome for your particular situation.

Atlanta Possession of a Controlled Substance Lawyer

If you have been charged with possession of controlled substance in Atlanta, or any of the surrounding areas in Georgia, including Roswell, Smyrna, Lawrenceville or Marietta, contact Benjamin Von Schuch, Attorney at Law. Benjamin Von Schuch is an Atlanta drug attorney who will make every to fight the allegations against you and help you avoid the most serious penalties and punishments to your alleged offense. Call today for a free consultation at (678) 948-7811 about your alleged drug possession offense.

Possession of a Controlled Substance in Atlanta

Chapter 13 of Title 16 of the Georgia Code, also known as the Georgia Controlled Substances Act, defines the elements to possession of a controlled substance and the possible penalties an individual could face if they are convicted of the offense. As defined in O.C.G.A. § 16-13-30(a), an individual can be charged with possession of a controlled substance if they:

• Have actual or constructive possession of the substance,
• They purchase a controlled substance, or
• They have any controlled substance under their control.

It is a defense to this crime if an individual has a lawful prescription. This offense could result in a felony conviction, regardless of the schedule the substance is categorized in.

Georgia’s Drug Schedule

Controlled substances, drugs and narcotics in are classified into five different schedules under section According to O.C.G.A. § 16-13-24, also known as the Georgia Controlled Substances Act, controlled substances, narcotics, chemicals, medications and drugs are classified into five different schedules.

• Schedule I - O.C.G.A. § 16-13-25 – The substances in schedule I generally have the highest potential for abuse and no known or accepted medical purposes. Examples in this schedule include acid, ecstasy, heroin and GHB.  
• Schedule II – O.C.G.A. § 16-13-26 – The substances in schedule II generally have a high potential for abuse and rarely used medical applications. Examples in this schedule include morphine, opiates, cocaine and hydrocodone.
• Schedule III - O.C.G.A. § 16-13-27 – The substances in schedule III generally have a lower potential for abuse than schedule I or II substances and are commonly used for medical purposes. Examples in this schedule include anabolic steroids and ketamine.
• Schedule IV - O.C.G.A. § 16-13-28 – The substances in schedule IV have a low potential for abuse and are commonly used for medical treatment. Examples in this schedule include Valium and Xanax.
• Schedule V - O.C.G.A. § 16-13-29 – The substances in schedule V are generally associated with the least likelihood for abuse and have commonly used medical applications. Examples in this schedule include mixtures, compounds or preparations of narcotic or stimulant medications.

Penalties for Drug Possession in Atlanta

Georgia’s drug possession penalties can vary depending on a variety of factors, including the schedule the substance is categorized in, the type of drug and the amount of the substance, and whether the alleged offender is considered a repeat offender. The following are the suggested statutory penalties for drug possession in Atlanta:

• A first offense for drug possession of a schedule I substance or schedule II narcotic drug can result in imprisonment from two to 15 years.
• A second or subsequent offense for drug possession of a schedule I substance or schedule II narcotic drug can result in imprisonment from five to 30 years.
• A first offense for drug possession of a schedule II non-narcotic drug can result in a prison sentence ranging from two to 15 years.
• A second or subsequent offense for drug possession of a schedule II non-narcotic drug can result in a prison sentence ranging from five to 30 years.
• A first offense for drug possession of a schedule III, IV or V substance can result in a prison sentence ranging from one to five years.
• A second or subsequent offense for drug possession of a schedule III, IV or V substance can result in a prison sentence ranging from one to ten years.

Atlanta Drug Possession Driver’s License Suspensions

In addition to any other penalties and repercussions, if an individual has been convicted of drug possession in Georgia, they are subject to a mandatory license suspension under O.C.G.A. § 40-5-75.

A first conviction can result in a driver’s license suspension for 180 days without the possibility of receiving a limited use or hardship permit. If an individual is convicted of a second conviction within five years, they can face a one year suspension without the possibility of receiving a limited use or hardship permit.

Upon a third conviction within five years, an individual may receive a license suspension for five years. They will be eligible to receive a limited or hardship license after serving two years of their suspension.

Before they can reinstate their Georgia driver’s license, the alleged drug offender is required to complete a DUI Alcohol or Drug Risk Reduction program and pay a reinstatement fee of $200.

Benjamin Von Schuch, Attorney at Law | Georgia Drug Possession Attorney

Contact Benjamin Von Schuch today for a consultation about your possession of a controlled substance offense throughout Fulton County in Georgia. Benjamin Von Schuch is an experienced Atlanta drug defense attorney who will make every effort to achieve the best possible outcome in your situation. Call (678) 948-7811 for a consultation about your alleged drug possession throughout Fulton County and the surrounding counties of Cobb County, DeKalb County, Clayton County and Gwinnett County.