Violation of Georgia Controlled Substances Act
In Atlanta, drugs, commonly referred to as controlled substances are regulated by Georgia. The state regulates all drugs under the Georgia Controlled Substances Act. According to this act, any possession of a controlled substance is a misdemeanor or felony. The severity of a Violation of the Georgia Controlled Substances Act depends on the type of drugs a person allegedly possesses and the amount.
To possess a drug under the Georgia Controlled Substance Act means an individual knowingly had the drugs. The possession may be actual or constructive. Actual possession occurs when the controlled substance is found on the individual. It could be in their underwear or shirt pocket.
Constructive possession means the drugs were not found on the person’s body. Instead, they were found in something they own such as their house, car or bag. The reason it is considered constructive is that the person knew where the drugs were and had access to them.
Violation of Georgia Controlled Substances Act is not one Crime, but Several Crimes
Georgia divides controlled substances into five categories called schedules. These schedules are further broken down by classification. Drugs in the classifications range from the most dangerous, highly addictive drugs to the least addictive drugs. The classifications are:
- Schedule I (the most dangerous and highly addictive)
- Schedule II
- Schedule III
- Schedule IV
- Schedule V (least addictive and dangerous)
Violation of the Georgia Controlled Substances Act: Schedule I Drugs
Schedule I controlled substances includes drugs like LSD, heroin, peyote, GHB, hallucinogenic mushrooms and ecstasy. For example, a person could be a violation of the act if they are charged with possession of peyote or heroin.
A conviction of possessing a Schedule I drug for the first is two to 15 years in prison.
A second conviction of possessing a Schedule I drug is five to 30 years in prison.
Violation of Georgia Controlled Substance Act: Schedule II Drugs
Schedule II drugs include oxycodone, cocaine, morphine, crack cocaine, methamphetamines, and fentanyl. Violation of the Act includes a criminal charge for possession of oxycodone.
The prison sentence for a Schedule II drug possession is two to 15 years for a first offense. A second conviction is five to 30 years in prison.
Violation of the Georgia Controlled Substances Act: Schedule III Drugs
Drugs in the Schedule III classification includes testosterone, ketamine and other steroids. Possession of ketamine is one example of violating the Act in Atlanta.
The penalty for Schedule III drug conviction for a first offense is one to five years in prison. For a second conviction, the penalty increases. It is one to 10 years in prison.
Violation of the Georgia Controlled Substances Act: Schedule IV Drugs
Schedule IV drugs are clonazepam, phenobarbital, and diazepam. It also includes controlled substance Flunitrazepam. A person arrested for possessing diazepam can be charged with violation of the Georgia Substance Control Act.
The penalty for a first-time conviction of a Schedule IV drug other than Flunitrazepam is one to five years. A second conviction of a Schedule IV drug other than Flunitrazepam is one to 10 years in prison.
The prison sentence of possessing Flunitrazepam for the first time is two to 15 years. It is five to 30 years in prison for the second offense.
Violation of the Georgia Controlled Substances Act: Schedule V Drugs
Drugs that have low levels of opium, ethylmorphine and codeine are listed in Schedule V. The possession of low levels of opium would be a violation of the Georgia Controlled Substance Act.
The penalty for a possession conviction of a Schedule V drug is one to five years in prison. If the conviction occurs for the second time, the possible penalty is one to 10 years in prison.
Possible Defenses to a Violation of Georgia Controlled Substances Act From Yeargan & Kert, LLC
The exact defense used in the case depends on the situation, facts, and details. Every possession charge is different. Until a person consults a lawyer, it is best to understand more about the general defenses available. The general defenses include:
- Actual innocence
- The drugs belonged to someone else. This is typically a defense in a constructive possession where a person shares the space where the drugs were found such as in a home or car.
- Illegal search by police
- The defendant had a valid prescription for the drugs
Yeargan & Kert, LLC Lawyers are Experts at Defending People Charged with Violation of Georgia Controlled Substances Act
A conviction of possessing a controlled substance involves too much prison, suspension of your driver’s license, and loss of voting and gun possession rights. Let Yeargan & Kert, LLC fight this charge, and avoid the harsh consequences associated with violating the Georgia Controlled Substance Act. Contact us today for help. We offer a free consultation and will build a solid defense to fight your case. Contact Yeargan & Kert, LLC today.