There are several types of drugs in the state of Georgia. Each drug is classified in a Schedule. Depending on the Schedule a drug belongs to, the consequences for a drug crime charge can be severe.
Regardless of what Schedule the drug falls under, you should not underestimate how serious these crimes are. Because of the significant consequences you face, it is important to contact our legal team to help with your case.
The most dangerous type of drug you can be found with is a Schedule I drug. Learn more about this and the potential penalties that go along with this Schedule drug here.
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Schedule I Drugs in Georgia
There are hundreds of controlled substances that fall under the Schedule I classification. A Schedule I drug is a substance that is considered extremely addictive and dangerous. Also, these substances have no accepted medical use.
Some of the most common types of Schedule I drugs include the following:
- Morphine
- Benzethidine
- LSD
- Codeine methylbromide
- Heroin
- Ecstasy
Laws Related to Schedule I Drugs in Georgia
The law in Georgia states that it is illegal for anyone to possess, purchase, or have in their control any type of controlled substance.
When it comes to drug-related crimes, it is required that the State prove you had the drug.
In Georgia, there are two types of possession, which include the following:
- Actual possession occurs if the substance is found on your body or person (examples include in your purse or pocket).
- Constructive possession occurs when drugs are found at your business, in your home, or in your vehicle.
With constructive possession, it is assumed that you have control of these areas. As a result, you are considered the owner of anything found there. Even if the drug is not found on your person, the possession of it may be implied.
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Penalties for Schedule I Drug Possession in Georgia
If you are convicted of possessing a Schedule I drug in Georgia; it is considered a felony. However, the penalties you face depend on how much of the drug you have.
Penalties for weights of different Schedule I drugs include the following:
- For solid substances that weigh less than one gram and
- For liquid substances that are less than one milliliter
The punishment is a prison sentence of one to three years.
- For mixtures that are at least one gram and under four grams
The punishment is a prison sentence of one to eight years.
- For mixtures between four grams and 28 grams
The punishment is a prison sentence of one to 15 years.
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Just like anything else, though, there are exceptions to this. For example, if you have two prior convictions and are convicted of a third drug crime, then the penalties you face will be more severe. In this situation, your prison term will not exceed twice the length of the sentence that applies to the specific crime.
In the state of Georgia, diversion programs and conditional release terms often apply for those who are facing their first criminal charge. Conditional release programs are like probation. You will have conditions set by a judge that must be satisfied to have the charges against you dropped.
Conditional releases are more likely to be ordered by judges for those facing a first drug offense and if the charge is minor. In these situations, the court defers the case against you, putting you on probation for five years. Some of the conditions that may be put on this release include completing a medical treatment or rehabilitation program. If all conditions are satisfied, the court proceedings will be dismissed.
While this is true, all drug possession cases result in the mandatory suspension of your driver’s license. For a first offense, the suspension lasts for a mandatory minimum of six months. For second offenses, the penalty increases to a one-year suspension. A two-year license suspension applies to all convictions beyond this.
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Contact Our Legal Team for Help with Your Drug Crime Charges
If you are facing drug crime charges in Georgia, contact our legal team at the Law Offices of Matthew C. Hines immediately. Our legal team will get to work building a solid defense for your case.
The penalties for these crimes are often severe. If you don’t seek legal support, it may result in you facing the maximum penalties for the charges you are facing. We will help you by providing an aggressive defense for your charges.
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