When Drug Possession Becomes A Felony In Georgia
Drug possession laws in Georgia are strict, and in many cases, possession can quickly escalate from a misdemeanor to a felony. The severity of the charge depends on the type and amount of the controlled substance, whether there was an intent to distribute, and whether any aggravating factors exist. Georgia law categorizes controlled substances into schedules, with harsher penalties for those in Schedule I and II.
A felony drug possession charge can lead to long-term consequences, including significant fines, prison time, and a criminal record that affects employment, housing, and education opportunities. Georgia law enforcement aggressively pursues drug crimes, and courts do not take these offenses lightly. That is why it is critical to understand when drug possession becomes a felony and what legal options are available.
What Makes Drug Possession A Felony In Georgia?
Georgia Drug Schedules And Their Impact On Charges
Under O.C.G.A. § 16-13-25 to § 16-13-29, Georgia classifies drugs into five schedules based on their potential for abuse and medical use:
- Schedule I – Drugs with a high potential for abuse and no accepted medical use (e.g., heroin, LSD, ecstasy).
- Schedule II – Substances with some medical use but a high potential for abuse (e.g., cocaine, methamphetamine, oxycodone).
- Schedule III, IV, and V – Drugs with lower abuse potential but still regulated under state law (e.g., steroids, Xanax, Valium).
Possession of any amount of a Schedule I or II drug (other than marijuana) is automatically charged as a felony in Georgia.
Quantity Matters – Misdemeanor Vs. Felony
The amount of the drug found in possession plays a major role in determining whether a charge remains a misdemeanor or rises to the level of a felony.
- Marijuana – Possessing less than one ounce is a misdemeanor, but possession of more than one ounce is a felony.
- Cocaine, Heroin, Methamphetamine – Any amount is a felony, with penalties increasing based on weight.
- Prescription Drugs Without A Prescription – Certain controlled substances (like Xanax or OxyContin) can lead to felony charges if found in significant quantities.
Intent To Distribute Or Manufacturing
Possession with intent to distribute is a more serious offense than simple possession. Under O.C.G.A. § 16-13-30, factors that can lead to an intent to distribute charge include:
- Large quantities of drugs
- Packaging materials like baggies or scales
- Large amounts of cash
- Text messages or communications suggesting drug sales
If law enforcement believes the drugs were meant for distribution, penalties become even more severe.
Penalties For Felony Drug Possession In Georgia
Felony drug possession carries harsh penalties that vary based on the drug type and quantity. Under O.C.G.A. § 16-13-30, possible penalties include:
- Schedule I or II drugs – 2 to 15 years in prison for a first offense and up to 30 years for a second offense.
- Schedule III, IV, or V drugs – 1 to 5 years in prison for a first offense and 1 to 10 years for a second offense.
- Marijuana (over one ounce) – 1 to 10 years in prison and a fine up to $5,000.
Aggravating factors, such as possession near a school, park, or public housing, can increase penalties significantly.
Legal Defenses Against Felony Drug Possession Charges
Unlawful Search And Seizure
The Fourth Amendment protects against unlawful searches. If police found drugs without a valid search warrant, probable cause, or consent, evidence may be inadmissible in court.
Lack Of Knowledge
Possession must be known and intentional. If drugs were found in a shared space, vehicle, or home and the accused had no knowledge of their presence, this can be a strong defense.
Chain Of Custody Issues
If evidence is not handled properly by law enforcement, it can be challenged in court. Missing evidence, contaminated samples, or errors in lab testing can weaken the prosecution’s case.
Frequently Asked Questions About Felony Drug Possession In Georgia
What Happens If I Am Caught With A Small Amount Of A Controlled Substance?
If you are found with a small amount of a Schedule I or II drug, you will likely face felony charges. However, first-time offenders may be eligible for alternative sentencing programs like pretrial diversion or drug court to reduce penalties.
Can I Be Charged With Felony Drug Possession If The Drugs Were Not Mine?
Yes. Georgia law allows constructive possession charges, meaning you can face criminal charges if drugs are found in a place you have control over, even if they are not yours. However, proving a lack of knowledge about the drugs can be a defense.
Will A Felony Drug Conviction Stay On My Record Forever?
Yes, unless it is expunged or you receive a pardon. Georgia does not allow the expungement of felony drug convictions except in limited cases, such as conditional discharge for first-time offenders.
What Is The Difference Between Drug Possession And Possession With Intent To Distribute?
Intent to distribute means that law enforcement believes you planned to sell or distribute the drugs. This is often based on the amount of drugs, packaging materials, or large sums of cash found during the arrest.
Are There Alternative Sentencing Options For First-Time Offenders?
Yes. First-time offenders may qualify for drug court programs, pretrial diversion, or conditional discharge, which can result in reduced or dismissed charges after completing court-ordered programs.
Can A Felony Drug Charge Affect My Job And Housing?
Absolutely. A felony drug conviction can make it difficult to find employment, secure housing, or obtain professional licenses. Some employers and landlords conduct background checks, and a felony conviction can limit opportunities.
What Should I Do If I Am Arrested For Drug Possession In Georgia?
Remain silent and do not admit guilt. Ask for an attorney immediately and avoid answering questions without legal representation. The way you handle the situation from the start can impact your case.
Contact The Mazloom Law Firm, LLC Today
Facing felony drug possession charges in Georgia is a serious matter that requires experienced legal representation. At The Mazloom Law Firm, LLC, we understand how to fight these charges, protect your rights, and work toward the best possible outcome.
If you or a loved one has been arrested for drug possession in Marietta, Atlanta, or surrounding counties, do not wait to take action. To receive a free consultation, call our Marietta drug possession lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Our firm represents clients throughout Cobb, Fulton, Gwinnett, Cherokee, Clayton, and other counties in Georgia.
