Drug crimes are governed by Chapter 13 of Title 16 of the O.C.G.A. The chapter lines out which drugs fall in to which schedules (Roman numerals I-V). Purchase, possession, sale, manufacturing, or distribution of most controlled substances without a license or prescription are mostly felonies under the law. This includes recreational drugs such as marijuana, cocaine, heroin, methamphetamine, ecstasy, as well as certain prescription drugs and anabolic steroids. Penalties, which can include substantial prison time and fines, vary depending on the type of drug, what is being done with the drug, and the amount possessed. Enhanced penalties exist if the crime is committed close to a school, housing project, or designated drug-free commercial zone.
To fight these charges, defenses can sometimes arise if the police did not have a valid reason to detain you, or probable cause to search you or your vehicle. In some cases, it can be difficult for the State to prove individual possession if the police arrest a group of people for one quantity of drugs.
Another resolution to these cases that has gained a lot of traction is the use of accountability courts. This includes drug court, veterans court, and mental health courts. These courts focus on addressing and overcoming substance abuse, mental health, and Post Traumatic Stress Disorder issues for users of drugs rather than incarcerating them. It is important to remember that accountability courts are not offered to those who are distributing or trafficking drugs.
This website is not intended to create an attorney-client relationship with the Law Office of Kyle H. Jarzmik, LLC. Information on this site is not intended to be a substitute for advice provided by an attorney. Kyle Jarzmik is licensed to practice law only in the State of Georgia.
With offices in Atlanta, Georgia, we represent and advise people in Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Clayton, Rockdale, Douglas, Coweta, Carroll County, Lawrenceville, Cumming and all over the state of Georgia.