by Editorial TeamViolation of the Georgia Controlled Substances Act
The Georgia Controlled Substances Act is a result of the federal Controlled Substances Act, signed by Congress in 1970. “Controlled substances” consist of illegal drugs and prescription medications.
Potential penalties for a violation of the Georgia Controlled Substances Act (VGCSA) vary based on the schedule of drugs and any prior drug convictions. Each controlled substance is divided into one of five categories or schedules. Additionally, the Federal Food, Drug, and Cosmetic Act list of over 1,000 “dangerous drugs”.
Drug Schedules
Schedule I drugs have a high potential for abuse and no currently accepted medical use.Examples of Schedule I drugs include marijuana, heroin, LSD, and ecstasy.
By contrast, Schedule V drugs have a low potential for abuse and are accepted for medical use.
VGCSA penalties are most severe for Schedule I drugs.
VGCSA Penalties
Possession of Schedule I or II controlled substances are deemed felony offenses with the utmost penalties.
- Possession of any Schedule I Controlled Substance or Schedule II narcotic is a felony punishable by incarceration of 2 to 30 years.
- Cocaine or methamphetamine possession between 28 and 200 grams carries a mandatory minimum term of imprisonment of ten years and a fine of $200,000.
- Possession of a Schedule III, IV, and V substance is also a felony with 1-10 years in jail.
Many VGCSA offenses can results in misdemeanor charges:
- Possession of under one ounce of marijuana is a misdemeanor offense punishable by up to 12 months in jail and a fine up to $1,000.By contrast, additional quantities with the intent to distribute can result in a felony charge punishable by up to 30 years in jails and a fine up to $1,000,000.
- Additionally, selling or providing “model glue” to a minor for the purpose of sniffing or huffing is a misdemeanor offense.
- Similarly, disposing of a controlled substance in a public place is a misdemeanor offense.
VGCSA allows for additional charges and penalties if controlled substances are distributed or dispensed near schools.
NOTE: Penalties may be more severe for second and subsequent offenses.
A person seeking medical assistance for a drug overdose can NOT be arrested, charged, or prosecuted for VGCSA as a result of seeking medical attention.
Defense for Drug Charges in Georgia
There are many defenses to fight Violation of the Georgia Controlled Substances Act charges. The most successful defense against controlled substances is to show that the arresting officers violated the law. Unlawful arrests may be a result of an illegal search and seizure or coercive police questioning and interrogation.
- Georgia allows for first-time offenders of VGCSA to potentially have charges discharged and probation administered.
Contact Attorney Richard Blevins Today
If you have been arrested for a VGCSA in the Sandy Springs or Atlanta area, then you need to call criminal defense attorney Richard Blevins immediately. He can provide you with the aggressive legal representation you need when facing a possession of a controlled substance violation charge. Call today at (770) 419-1945 to schedule a free consultation.
by Editorial TeamChange in Georgia DUI Law
Effective July 29, 2020, the law in Georgia regarding the suspension of your driver’s license or a DUI conviction involving marijuana or a controlled substance has changed.
Prior to the change in the law, if you were convicted of DUI with marijuana or a controlled substances your license would be suspended for one year. There were no early reinstatement period or a limited driving permit available.
The change in the law, O.C.G.A. section 40-5-75 (d), now allows early reinstatement of your license and a limited permit if you are convicted of driving under the influence of marijuana or a controlled substance.
Apply For a 120 Day Limited Driving Permit
This means once you are convicted of DUI-Drugs or marijuana, a first in five years, you can apply for a 120 day limited driving permit. After 120 days, you can apply for early reinstatement if you complete the risk reduction course and pay a restoration fee to DDS.
Attorney Richard Blevins is an Atlanta DUI Lawyer who has over 20 years of experience in handling DUI cases in Georgia. He can help navigate you through the process of dealing with a DUI case.
