Drug possession charges are taken very seriously in Georgia. The scope of the term “drug” is quite wide from a legal perspective, and the penalties for drug possession are severe, making it imperative you seek legal counsel when facing drug possession charges. Everything from heroin to certain glues can be considered a controlled substance for the purposes of a drug possession charge. Prescription drugs are no exception. Prescriptions drugs are heavily regulated in Georgia. The abuse of prescription drugs is a significant problem and so being caught in possession of an illegal prescription drug happens more than you would think. While being in possession of your own valid prescription drug is not illegal, being in possession of a fake prescription or someone else’s prescription is.   

The penalties for possession of a prescription drug vary widely, but they are generally quite severe. Factors that may influence your sentencing include how the drug is scheduled under the Controlled Substance Act, what type of drug it was, the amount of the drug you were found with, your intent with the drug (i.e. for personal use or sale), and whether or not you have any prior related offenses. Many prescription drugs are regulated under the Controlled Substance Act and are scheduled according to their medical usage, their risk of dependency or abuse, and for liquid drugs, their potency or concentration. Most drug possession offenses are charged as felonies in Georgia and are punishable by anywhere from one to 40 years of incarceration.

Possession of less than one ounce of marijuana for personal use, without a valid medical marijuana prescription, is an exception. This type of possession is charged as a misdemeanor with a maximum of one year of incarceration.  Even if you are found within the city limits of Atlanta, an officer may elect to charge you under O.C.G.A § 16-13-2 and if found guilty of this misdemeanor, you may serve up to 12 months in jail.  Drug possession charges are serious, be it for illicit or prescription drugs. If you are facing drug possession charges, speak with an experienced drug crime defense attorney immediately. Sentencing for drug possession charges can vary greatly, but will typically include a prison sentence, fines, and a suspended driver’s license. With so much at stake, it is prudent to consult with an attorney before you appear in court. An attorney can assess your case and advise you on what kind of sentence you may face and what defense options you may have.   Are you facing Georgia drug possession charges? 

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