Gwinnett County Drug Crimes

Drug Possession Penalties in Gwinnett County

Drugs are classified into four categories—Schedule I, II, III, and IV. Penalties for drug possession convictions vary based on multiple factors, including the type of drug you are in possession of, and whether it was your first or subsequent offense.

• Possession of Schedule I and Schedule II drugs: Up to 15 years for first offense, up to 30 years for subsequent offenses.
• Possession of non-narcotic Schedule II drugs: Up to 15 years for first offense, up to 30 years for subsequent offenses.
• Possession of Schedule III, IV, and V drugs: Up to five years for first offense, up to 10 years for subsequent offenses.

Schedule Classifications

• Schedule I drugs have a high potential for abuse and include heroin, ecstasy, PCP, and LSD.
• Schedule II drugs are also considered quite dangerous and include Vicodin, Oxycontin, and Adderall.
• Schedule III and IV drugs have a low risk of abuse and include Xanax, Ambien, and certain muscle relaxants.

Drug Trafficking with Intent to Distribute in Georgia

Drug trafficking and distribution refers to the selling and transporting of controlled substances, including cocaine, heroin, and marijuana.

Penalties vary widely based on various factors, such as the type and quantity of drugs and whether or not there were children present.

In general, however, sentences are severe and can range from three years to life in prison.

Drug trafficking is a felony offense that applies to the illegal distribution of controlled substances, including prescription drugs. If you have been charged with drug trafficking, contact an experienced GA drug crimes attorney immediately.

Drug Manufacturing & Production in Georgia

Georgia enforces strict drug manufacturing and production laws. If you are charged with a drug crime in Georgia, it is crucial to hire an experienced criminal lawyer. These laws are highly technical and challenging to defend without daily expertise in these statutes.

Under Georgia law, specifically O.C.G.A. § 16-13-32.5, it is illegal to manufacture, distribute, dispense, or possess with intent to distribute controlled substances, marijuana, or counterfeit substances within 1,000 feet of certain properties. These properties include parks, playgrounds, recreation centers, and publicly owned or operated housing projects.

Here’s a breakdown of the key elements of O.C.G.A. § 16-13-32.5:

Prohibited Activities: The statute makes it unlawful to manufacture, distribute, dispense, or possess with the intent to distribute any controlled substance, marijuana, or counterfeit substance.

Restricted Areas:

Parks and Recreational Areas

It is illegal to conduct these activities within 1,000 feet of any property dedicated for use as a park, playground, recreation center, or other recreational purposes by any municipality, county, state authority, or the state.

Public Housing Projects

Similarly, these activities are prohibited within 1,000 feet of any publicly owned or operated housing project. A “housing project” includes single or multifamily dwelling units occupied by low and moderate-income families under the jurisdiction of a housing authority.

The consequences of violating these laws can be severe, including significant fines, imprisonment, and a permanent criminal record. Given the complexity and seriousness of these charges, an experienced criminal defense lawyer is essential to navigate the legal system and mount an effective defense.

What are the Consequences of a Drug Charge in Georgia?

In addition to the criminal penalties you may be facing for drug charges, there are a whole slew of long-term consequences, including the inability to secure housing, insurance, employment, school loans. A conviction for drug possession can also affect your child custody rights. There is also a serious social stigma attached to drug charges. An experienced GA defense attorney can help you protect your rights, freedom, and reputation.

Further, drug-related objects, such as materials for cultivating, growing, packaging, inhaling, or injecting drugs, can be punishable with jail time and hefty fines.

Alternative Sentencing Options in Georgia

Felony drug convictions with sentences of 10 years or less may be reduced to a misdemeanor, upon approval of the court.

First-time offenders, at the court’s discretion, may be eligible for a period of probation in lieu of a criminal conviction. This is known as conditional discharge. As part of this program, the defendant may be required to enroll in a substance abuse treatment program. In most cases, if the defendant adheres to all the rules and does not violate probation, he/she will avoid a criminal record.

Contact the Law Office of Adam D. Brown Today

If you have been charged with any type of drug crime, the skilled legal team at the Law Office of Adam D. Brown, LLC can help.

Our experienced defense team will assess your case to determine how to move forward, and we will remain by your side throughout the entire process. We will work tirelessly to get your charges reduced, or dropped altogether.

Don’t go through this challenging time on your own. We can help. Contact the Law Office of Adam D. Brown, LLC today at (404) 883-8893 for a free and confidential consultation about your case.

• Gwinnett County Drug Court
• Duluth Court Approved Drug Evaluations, counseling, & Classes