Penalties for Possession
In Georgia Controlled Dangerous Substances (CDS) possession crimes are all felonies, except for those involving small amounts of marijuana. The penalty for felony possession depends on the type of CDS involved in the offense. Multiple possession convictions are punished more harshly.
Possession of Schedule I CDS or Schedule II narcotics
Possession of any Schedule I CDS or Schedule II narcotic is a felony punishable by two to 15 years in prison. A second or subsequent conviction is punishable by five to 30 years in prison.
Possession of Schedule II CDS other than narcotics
Possession of any Schedule II CDS other than a narcotic is a felony punishable by to two to 15 years in prison. A second or subsequent conviction is punishable by five to 30 years in prison.
Possession of Schedule III, IV, or V CDS
Possession of a Schedule III, IV, or V CDS is a felony and punishable by one to five years in prison. A second or subsequent conviction is punishable by one to ten years in prison. This provision does not include flunitrazepam (also known as Rohypnol), a Schedule IV CDS .
Possession of Flunitrazepam (also known as Rohypnol)
Possession of flunitrazepam is a felony and punishable by two to 15 years in prison. A second or subsequent conviction is punishable by five to 30 years in prison.(Georgia Code Section 16-13-30.)
Possession of Marijuana
The penalty for possession of marijuana depends on the amount involved in the offense. Possession of less than one ounce of marijuana is a misdemeanor and is punishable by up to one year in jail, a fine of up to $1,000, or both, or a period of community service of up to one year.
Possession of marijuana of one ounce or more is a felony punishable by one to ten years in prison. (Georgia Code Section 16-13-30.)
Felony Sentences Punishable by Ten Years or Less
A felony conviction punishable by a period of incarceration of 10 years or less may, at the court’s discretion, be sentenced as a misdemeanor. (Georgia Code Section 16-13-30.)
Attempt Or Conspiracy To Commit A CDS Crime
The attempt, or conspiracy to commit, any CDS crime is punishable by a period of incarceration up to the maximum sentence permitted for the actual commission of the underlying crime. (Georgia Code Section 17-10-5.)
Drug-Related Objects
The possession of, or possession with the intent to use, drug-related objects is a misdemeanor punishable by up to one year of incarceration, a fine of up to $1,000, or both. (Georgia Code Section 16-13-33.) Drug related objects include:
- materials for cultivating or growing CDS
- materials for packaging, storing, or containing CDS
- objects used to conceal CDS, or
- items used to inhale, inject, or otherwise administer or ingest CDS.
Conditional Discharge for First-Time Possession Offenders
If a defendant has never been convicted of a CDS-related crime in Georgia or under any other law of the United States, the court may, with the defendant's consent, impose a period of probation and withhold a finding of guilt. The judge may require the defendant to enroll in a drug treatment program. If the defendant does not violate probation, the court will dismiss the underlying charges, and the defendant will not have a conviction on his record. (Georgia Code 16-32-32.2 and 17-10-3.)
If the defendant violates any condition of probation, the court will resume criminal proceedings by entering a finding of guilt into the official court record and proceeding with sentencing. (Georgia Code 16-13-2.)
This information was gathered from various sources online and is subject to change. If a legal matter is involved, you should refer to the latest laws passed by the Georgia General Assembly.