Understanding the Penalties for Drug Possession in Georgia

Like many states, Georgia has decriminalized the recreational use of marijuana over the past few years. However, the state still maintains harsh penalties for drug possession overall, and those convicted could be left dealing with large fines, a suspended driver’s license and jail time.

In Georgia, individuals convicted of drug possession for the first time will see a six-month license suspension, which may leave them unable to get to work and school. A second conviction results in a one-year suspension, while third and subsequent convictions lead to a two-year suspension.

The state of Georgia divides controlled substances into the four schedules outlined below:

• Schedule I: Drugs with no generally accepted medical uses and that tend to be highly abused
• Schedule II: Highly abused drugs that lead to physical or psychological dependence but that have some limited acceptable medical uses
• Schedule III: Moderately abused drugs with a low to moderate potential for dependence and that have some accepted medical applications
• Schedule IV: Drugs that are not highly abused and that may have a limited potential for dependence and some accepted medical applications
• Schedule V: Drugs that have little to no potential for abuse or dependence and that have some accepted medical use

Those convicted of possessing a Schedule I or II drug for the first time may face between two and 15 years in prison. Subsequent convictions could result in a prison sentence of up to 30 years.

Individuals convicted of possessing drugs in Schedule III, IV or V, meanwhile, could face up to five years in prison, with subsequent convictions landing them longer sentences.

Although the state has taken steps to loosen some of its drug penalties in recent years, the possession of even a small amount of some substances could lead to extremely serious consequences. To work with an attorney who fights for your constitutional rights, call the Law Offices of Melvin S. Nash at 770.422.0878 or contact us online today.