Under Georgia law, it is unlawful for a person to purchase, possess, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute a controlled substance. A violation of this law, including possession, is considered a felony drug crime in the state.
Drugs in the United States are divided into five schedules, with Schedule I crimes carrying the harshest penalties. Schedule I drugs are considered to have a high potential for abuse and no accepted medical use. Examples of Schedule I drugs include heroin, LSD, and ecstasy.
Possessing a Schedule I drug in Georgia can result in harsh penalties, including a prison sentence of up to 15 years. Under Georgia Code § 16-13-30, the exact penalties a person faces for a Schedule I possession crime depends on the quantity of the drug in their possession.
If you are convicted of possession of less than 1 gram of a Schedule I drug in Georgia, you could face between one and three years in prison. This only applies when the drug is a solid substance, but the same penalties apply to less than 1 milliliter of a liquid substance.
Aggravating factors
The quantity of the drug is not the only factor influencing Schedule I drug offense penalties. If you are convicted of possessing a Schedule I drug in Georgia, the court will also consider your criminal history and whether you intended to sell the drug when determining your penalties.
For example, if you are convicted of possessing a Schedule I drug with the intent to sell (also known as intent to distribute) in Georgia, you will face a prison sentence of up to 30 years. A subsequent conviction for intent to distribute a Schedule I drug could result in up to 40 years or life imprisonment.
While possessing less than 1 gram of a controlled substance may seem like a minor offense, the state of Georgia imposes harsh penalties. This is especially true when the drug in question is a Schedule I controlled substance, so it’s important to stay informed of the law.