Atlanta Drug Crime Lawyer: Drug Offenses, Schedules, and Penalties

If you live in Atlanta, Georgia, it is important to realize that the state and county laws against drugs and controlled substances are some of the harshest in the country. Unless you have a specific, narrowly limited prescription, then any manufacturing, distribution, or possession of even the smallest amount of narcotics or drugs is considered to be illegal. With the recent war on drugs programs offered by government officials trying to sway politics to their side, law enforcement officials have been encouraged to act in even stricter manners, arresting and interrogating people for the slightest provocation.

This is why you need a skilled Atlanta drug offense attorney to work for you. The Law Office of Ahmad R. Crews is determined to support you when you have been accused of this serious offense.

Drug Schedules and Penalties

Have you ever thought about the legal consequences of controlled substances in Georgia? Drug offenses come with serious penalties, and it’s important to know how these substances are categorized. Georgia’s drug laws divide controlled substances into different schedules based on their potential for abuse and medical use.

Schedule I:

• Examples: Heroin, LSD
• Characteristics: No accepted medical use, high potential for abuse
• Penalties: Long-term imprisonment, hefty fines

Schedule II:

• Examples: Cocaine, Methamphetamine
• Characteristics: High potential for abuse, limited medical use
• Penalties: Severe, but a nuanced defense might help reduce the consequences

Schedule III:

• Examples: Anabolic Steroids
• Characteristics: Less potential for abuse, accepted medical use
• Penalties: Less severe but still significant enough to impact your life

Schedule IV:

• Examples: Xanax, Valium
• Characteristics: Lower potential for abuse, recognized medical value
• Penalties: Lighter than Schedules I and II, but legal guidance is crucial

Schedule V:

• Characteristics: Lowest potential for abuse, recognized medical benefits
• Penalties: Most lenient, but can still include significant fines and possible jail time

The severity of drug charges highlights the need for a tailored defense strategy. Whether you’re facing possession or distribution charges, understanding these schedules and their penalties is the first step in creating an effective legal defense. Our experience with drug-related offenses can provide valuable insight into Georgia’s drug laws.

Georgia Marijuana Laws

In most states, possessing, selling, growing, or trafficking any amount of marijuana is viewed as an illegal act. About half of the country does allow cannabis for medicinal use, but one must have a certified prescription for this. In Georgia, cannabis oil used for medical purposes is allowed, but you cannot grow the plants yourself, and there is no clarity on how this oil is supposed to be obtained when it cannot be grown.

Outside of limited allowances for medicinal purposes, Georgia has very strict laws for possession, selling, or transporting marijuana, and prosecutors will not go easy on you for having even small amounts of the drug on your person. If you have more than a single ounce of marijuana with you or at your property in the state of Georgia, you can face a felony charge resulting in up to 10 years of incarceration.

What Are Prescription Drug Offenses?

It may seem strange to have such strict laws about prescriptions, but Georgia is very harsh to those who disobey the rules about legal amounts of prescription drugs.

Some of the examples of when you cannot legally possess prescription drugs include:

• Having a drug on you that does not come with a prescription, even if this drug is just being temporarily held for a family member or a friend.
• Altering a prescription or forging a signature
• Selling medicinal prescriptions or acting as the buyer on behalf of another person
• When you alter or forge a prescription, or engage in “doctor shopping” to obtain a prescription

Is Selling Drugs a Felony in Georgia?

Selling drugs is a felony in Georgia. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity. 

Sale of any Schedule III, IV, or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. So depending on the drug that you are selling and the quantity, you will face harsher penalties. 

Unlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non-narcotic is a felony punishable by a term of incarceration of 2 – 30 years, depending on the quantity.

What are the Penalties for Possession of Prescription Drugs in Georgia?

The penalties for possessing prescription drugs in Georgia vary depending on what type of drug it is.

Possession of any Schedule I or narcotic Schedule II drugs

Punishable with 2-15 years in prison. Subsequent convictions are punishable with up to 30 years in prison.

Possession of non-narcotic Schedule II drugs

Punishable with 2-15 years in prison. Subsequent convictions are punishable with 5-30 years in prison.

Possession of Schedule III, IV, or V drugs

Punishable by 1-5 years in prison. Subsequent convictions are punishable with 1-10 years in prison.

Felony Drug Offenses in Georgia

Because drug laws are so strict in the state of Georgia, having any class of controlled substances on your person or on your property can turn into a felony charge. There is only one exception – if you possess less than an ounce of marijuana, you will be charged at a maximum level of a misdemeanor. Getting a felony conviction is a grave situation, since incarceration can last for over a year, and you will likely have to pay for expensive fines from the court, in addition to costly drug abuse counseling and treatment. It is important to contact our Atlanta drug offense lawyer as soon as possible to keep such a serious conviction from going on your record forever.

What to Do If You Are Arrested for a Drug Crime

What should you do if you find yourself handcuffed for a drug-related offense? Here are some clear steps to follow:

Immediately after an arrest:

Exercise Your Right to Remain Silent: Politely tell the officers that you wish to remain silent and won’t discuss your case without your attorney present.

Do Not Consent to Searches: Do not allow any searches without a warrant. Clearly state that you do not consent.

Remember Your Right to an Attorney: Ask for a lawyer as soon as possible and do not discuss anything further until your attorney is there.

Preserve Evidence: If you think your personal items can help prove your innocence or explain the situation, make sure they are preserved.

Securing Legal Assistance:

Contact an Attorney: Quickly getting legal help is crucial. If you need an attorney skilled in defending against drug charges, The Law Office of Ahmad R. Crews, LLC is ready to help you.

Follow All Legal Advice: Let your lawyer guide you through the process and provide the best legal strategy.

Being arrested can be overwhelming, but taking these steps can greatly influence the outcome of your case. Stay calm, protect your rights, and seek the competent legal help you deserve. Remember, having the right legal counsel is essential during these challenging times.

Contact The Law Office of Ahmad R. Crews, LLC Today

Georgia drug crime cases are notoriously complex, often involving multiple legal issues such as the classification of the drug, the amount in possession, and the intent behind the alleged crime. The state’s harsh penalties for drug offenses make it critical to have an experienced drug crime lawyer who understands the intricacies of Georgia’s drug laws.

An experienced attorney can protect your rights from the moment of arrest, ensuring that law enforcement did not violate any legal procedures during the search and seizure. Moreover, they can negotiate with prosecutors to potentially reduce charges or secure alternative sentencing options, such as drug diversion programs. A skilled lawyer will also meticulously build a defense strategy, challenging the evidence against you and aiming for the best possible outcome. In such high-stakes situations, having a seasoned advocate can make a significant difference in the case’s resolution.

We Also Focus on the Following Areas:

• Murder Defense
• Failure To Appear / Bench Warrant
• Bond Hearings
• Aggravated Assault
• Armed Robbery
• Domestic Violence
• Gun Crimes
• Theft by receiving stolen property.

Let Our Experience Work for You

Navigating the legal system without experienced guidance is a risk you can’t afford to take. Having a skilled Atlanta drug crime lawyer is crucial when facing drug charges.

The Law Office of Ahmad R. Crews, LLC offers more than just legal knowledge; we have years of successful interactions with prosecutors and judges. We understand the procedural details that can make the difference between a conviction and an acquittal. With an average of 17 years of experience, our attorneys have handled cases similar to yours and know the strategies that can lead to favorable outcomes.

In drug-related offenses, where the stakes are high, experienced legal counsel is essential. Every case is unique, but our seasoned lawyers draw from extensive experience to craft a defense tailored specifically for you. We understand the intricacies of drug crime laws and how to fight for the best possible results.

Our courtroom success is a result of dedicated practice and deep legal knowledge. Let us guide you through your legal challenges and work toward a fair and just resolution.

Don’t risk your future. Contact The Law Office of Ahmad R. Crews, LLC today for a consultation and let our legal experience work for you.