Georgia code 16-13-30 states that it is unlawful for a person to purchase, 拥有, 制造, 分发, 或出售管制物品或大麻. The only exception to this code is legal 拥有ion of such a substance through a legal prescription. Violators of these laws will find themselves facing steep penalties, 包括轻罪, 严重不当行为, 以及各种重罪的处罚. The range depends primarily on the type of substance a Defendant 拥有es and how much of it they have. 一般, substances that are controlled are broken down into categories, 或“时间表”, based on their likelihood of being abused and potential medical applications.
As previously mentioned, the schedule breakdown for controlled substances follows two patterns. First, the substance is considered by its likelihood of being abused. It is then considered by its potential for medical application:
安排我– 安排我 drugs are generally considered the most serious category of drug offenses. These drugs are those that are considered highly addictive in nature, 生理上和心理上, 但没有潜在的医疗用途. 例子包括兴奋剂、海洛因和LSD.
安排二世– 安排二世 drugs are very similar in nature and severity to 安排我 drugs, 但确实有一些医学应用. They are also considered extremely dangerous for physical and psychological dependency. Examples of a 安排二世 would Include amphetamines, 可卡因, 羟考酮, 吗啡, 和甲基安非他命.
安排第三– 安排第三 drugs are the first schedule to show a moderate risk of physical dependency, 但心理依赖的可能性很高. 同样，这个时间表也有医学应用. Examples would be hydrocodone, anabolic steroids, and certain barbituates.
安排四世– 安排四世 is considered a step down from III in regards to potential for physical or psychological dependence. 例如安定和阿普唑仑.
安排V– 安排V drugs are considered the lowest risk of dependency of all categories of controlled substances. 如果使用不当，它们仍然可能被滥用. 例如含有可待因的止咳糖浆.
已经建立了不同的药物时间表, the next important aspect of a drug case to understand is what’s at stake. The first consideration for severity of a 拥有ion charge is generally what the drug in 拥有ion is, 其次是它被占有了多少. For example, less than an ounce of marijuana is considered a misdemeanor offense. Misdemeanor offenses are punishable by up to one year in jail and a $1,罚款000.
计划性药物是不同的. Unlawful 拥有ion of ANY schedule, I through V, is a felony offense. Also included in these felony drug charges is 拥有ion of marijuana more than one ounce. The severity of felony 拥有ion cases varies on the schedule and quantity.
附表I及II– This is the most severe category of 拥有ion offenses. These substances are the most dangerous and 拥有ion of such is penalized accordingly. Someone facing 安排二世 or II narcotic charges is looking at 2-15 years of prison time or probation, 巨额罚款, 以及各种其他的句子条件. Subsequent convictions effectively double the stakes. A second conviction carries 5-30 years in prison or probation, 巨额罚款, 几天或几周的社区服务, 还有很多其他的可能性. You may also face license suspensions from such a conviction.
附表III至V– These schedules carry smaller ranges of penalties, but they are still extremely serious. Someone convicted of 拥有ion in these schedules could look at 1-5 years of prison and probation with all other possible felony conviction penalties. Subsequent violations, as with I and II, will effectively double these penalties. License suspensions are also a possibility in such a conviction.
值得注意的是，大麻重罪, 任何超过1盎司的, 是否可判处1-10年监禁或缓刑, $5,罚款000, 以及其他重罪条件. 那是供私藏和个人使用的. 占有 with intent or sale are entirely different.
和任何刑事案件一样, 了解你的个人情况, 权利, and defenses is critical in getting the best possible outcome in your case. The best way to do that is to seek counsel as soon as possible following an arrest. 一般, 拥有ion cases are reviewed for defenses based on the arresting officer’s investigation and probable cause. Improper police procedure can sometimes get the entire case thrown out. 另外, violations of certain 权利 you have could also be grounds to dismiss the case against you. There are many common questions legal counsel will consider when reviewing a 拥有ion case. First and foremost, did the officer have probable cause to conduct a search? 在非法持有毒品的案件中，合理理由至关重要. If a search was conducted, did the officer have a proper warrant to execute the search? 搜查令执行不当, 或者缺乏, is a common defense leading to dismissal of 拥有ion cases. Defendants may also have 权利 that must be observed when it comes to search and seizure, 比如我们的宪法第四修正案.
Sometimes law enforcement gets everything right, but there can still be defenses in these scenarios. What if the drugs weren’t yours, but you were with someone who did have drugs on their person? 不幸的是, 占有不等于所有权, but with the right counsel this is an argument that can get good results in a drug 拥有ion case. 种药物, 截留, 还有很多其他的防御措施可以考虑, but the majority of these defenses are specific on a case by case basis.
As with any criminal charge, the burden of proving your guilt lies with the State. The strength of your defense depends on how effectively your counsel can minimize weak evidence and penalties against you. Even weak and circumstantial evidence could result in a conviction if it’s not handled appropriately. Take action sooner than later by scheduling to consult with us about your case to ensure your professional representation. 我们期待与您合作.