FAQ: Drug Charges
A drug crime conviction in Georgia can carry harsh penalties, affect future job opportunities, and limit fundamental freedoms. If you’re facing a drug-related accusation, you likely have many questions about the challenges ahead and the steps you should take next.
Call The Harding Law Firm before you talk to law enforcement. Attorney Todd Harding fights tirelessly for his clients' freedom. If you've been or may be arrested, you can schedule a free consultation with the firm to explore available options and determine the best course of action. Located in Griffin, Georgia, the firm serves clients in Spalding County, Butts County, Monroe County, Lamar County, and Henry County.
Below is a detailed FAQ addressing the most common concerns about drug charges based on Georgia's criminal statutes and procedures.
What Types Of Drug Charges Exist In Georgia?
Georgia law classifies drug charges into two broad categories: possession and distribution-related offenses. Charges can be brought for:
Possession of a controlled substance
Possession with intent to distribute
Manufacture or cultivation
Trafficking
Possession of drug-related objects
Possession charges typically relate to smaller quantities of drugs and can be either misdemeanors or felonies, depending on the substance. Charges involving sale, trafficking, or intent to distribute usually lead to felony prosecution and steeper penalties.
Which Drugs Are Considered Controlled Substances?
Georgia uses a five “Schedule” system, which mirrors federal guidelines. These categories are:
Schedule I: Drugs with no accepted medical use and high abuse potential (e.g., LSD, ecstasy).
Schedule II: Drugs with medical uses but high risk of abuse (e.g., oxycodone, methamphetamine).
Schedule III-V: Substances with lower abuse risk and accepted medical uses (e.g., codeine, Xanax).
Penalties usually increase with the severity of the schedule. For example, possession of Schedule I or II drugs often leads to felony charges, even for first-time offenders.
What Are The Penalties For Drug Possession?
Penalties depend on the amount and type of drug involved. For instance:
Possession of less than 1 oz. of marijuana is a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine.
Possession of Schedule I or II drugs can lead to felony charges, with prison terms ranging from 2 to 15 years for a first offense.
Possession with intent to distribute or trafficking can trigger mandatory minimum prison sentences and fines up to $1,000,000.
Judges do have some discretion, especially for nonviolent, first-time offenses, but Georgia prosecutors are known for pursuing aggressive sentencing in drug cases.
Can Someone Be Charged If They Didn't Own The Drugs?
Yes. Georgia allows for what's known as constructive possession. This means a person can be charged even if the drugs weren’t physically on them but were in a place they had control over — like a car or apartment. The prosecution must show that the person had both knowledge and access.
What’s The Difference Between Possession And Possession With Intent To Distribute?
Possession charges involve smaller amounts and no signs of distribution. Possession with intent typically includes the following:
Larger drug quantities
Scales, baggies, or packaging materials
Cash or weapons
Text messages or communications about sales
The presence of these items can escalate a simple possession case into a severe felony charge with significantly harsher penalties.
What Are Georgia’s Drug Trafficking Laws?
Drug trafficking charges apply when a person possesses large quantities of certain drugs, regardless of whether they intended to sell them. For example:
28 grams of cocaine or more triggers trafficking charges
10 pounds of marijuana or more qualifies as trafficking
4 grams of heroin or opium also meets the threshold
These cases often involve mandatory minimum prison sentences starting at five years and increasing with the amount involved.
Are There Alternatives To Jail For First-Time Offenders?
Georgia does offer alternatives for some individuals, especially those charged with nonviolent possession offenses. Options may include:
Pretrial diversion programs
Drug court
Conditional discharge under O.C.G.A. § 16-13-2
First Offender Act (O.C.G.A. § 42-8-60)
These alternatives typically require the defendant to complete treatment, stay drug-free, and avoid future arrests. Successful completion can result in charges being dismissed or records being sealed.
Can Someone Be Charged For Prescription Drugs?
Yes. It’s illegal to possess any prescription medication without a valid prescription. Common prescription-related charges involve painkillers, anti-anxiety medications, and stimulants. Even if the person had a legitimate prescription in the past, they can be charged if they don’t currently have one on file.
Can A Drug Charge Affect A Driver’s License?
Absolutely. Convictions for drug offenses can lead to automatic driver’s license suspensions in Georgia. A first-time offense may result in a six-month suspension. Repeat offenses can lead to longer suspensions and mandatory DUI risk reduction programs, even if the drug offense didn’t involve driving.
What Happens After A Drug Arrest?
After an arrest, the accused is usually taken to jail for booking and a bond hearing. From there:
Charges are formally filed by the prosecutor.
The accused is arraigned and enters a plea.
The case moves into discovery, where both sides review evidence.
Plea negotiations or pretrial motions may occur.
If unresolved, the case goes to trial.
The entire process can take weeks or months, depending on the circumstances and court backlog.
Should Someone Talk To Police After Being Arrested?
No. Anyone arrested for a drug offense should exercise the right to remain silent and request legal representation immediately. Statements made to police — even if meant to explain or justify — can be used against the accused in court.
Can A Drug Charge Be Dismissed?
Yes, but only under certain conditions. Dismissals may occur when:
The arresting officers conducted an unlawful search
The prosecution lacks evidence to prove possession
The defendant completes a diversion or treatment program
A drug crime attorney can review case details and identify whether grounds for dismissal exist.
What Are The Long-Term Effects Of A Drug Conviction?
Even after serving time or paying a fine, a conviction can affect several aspects of life:
Employment: Many employers conduct background checks.
Housing: Some landlords refuse to rent to those with drug records.
Education: Financial aid may be suspended.
Gun ownership: Convicted felons often lose the right to own firearms.
That’s why it’s critical to fight drug charges with a clear strategy from the beginning.
Can A Conviction Be Expunged Or Sealed?
In Georgia, adult criminal records generally aren’t expunged. However, recent changes to the law allow for record restriction in some cases, particularly for nonviolent offenses resolved without conviction or for certain first-time offenses under the First Offender Act. A drug crime attorney can help determine if someone qualifies for relief under Georgia’s laws.
Is Marijuana Legal In Georgia?
Marijuana remains illegal for recreational use in Georgia. Some cities, like Atlanta and Savannah, have reduced penalties for possession of less than 1 oz., issuing citations instead of arrests. However, state law still classifies marijuana as a controlled substance, and possession can still lead to jail time.
Georgia does permit limited use of medical marijuana, but only in low-THC oil form and only for those with qualifying medical conditions who are registered with the state.
What Role Does a Drug Crime Attorney Play?
A drug crime attorney helps protect a defendant’s rights from the moment of arrest through trial or resolution. Their role may include:
Reviewing the legality of the search and arrest
Analyzing the prosecution’s evidence
Challenging unconstitutional police conduct
Negotiating plea deals
Representing the defendant at trial
Having someone experienced in Georgia’s criminal courts can make a significant difference in both the outcome and the stress level of the case.
What Should Someone Look For In A Drug Crime Attorney?
When searching for representation, it’s important to find an attorney who:
Has extensive experience with Georgia drug laws
Knows local court procedures and judges
Can handle both misdemeanors and felonies
Offers honest, straightforward advice
Communicates clearly and promptly
At this point in the process, the accused needs someone they can trust. Many rely on a local drug crime attorney who’s handled hundreds of similar cases and knows what works in courtrooms across the state.
Contact A Drug Crime Attorney In Georgia
Accused of a drug crime? Whether it's a first-time misdemeanor or a serious felony trafficking charge, The Harding Law Firm can help identify every possible legal option and keep your case moving in the right direction. Schedule a confidential consultation with Attorney Todd Harding to discuss your next steps. Located in Griffin, Georgia, the firm serves clients in Spalding County, Butts County, Monroe County, Lamar County, and Henry County.