Protecting Your Future in Cocaine Possession Cases
In the State of Georgia, cocaine is a Schedule II drug. Schedule II drugs require a prescription to possess, and these drugs are limited to medical purposes. Drugs such as cocaine, codeine, opium, methamphetamine, and hydrocodone are categorized as Schedule II drugs. Under O.C.G.A. § 16-13-20, et seq., it is a felony criminal offense to possess Schedule II narcotic medications and controlled substances without a lawful prescription.
According to O.C.G.A. § 16-13-31, it is illegal to sell, deliver, manufacture or transport illicit narcotics and controlled substances without a permit. In Georgia, possessing a large number of controlled substances or illegal narcotics is also a drug trafficking offense. All drug trafficking criminal offenses are felonies and carry mandatory minimum prison sentences and hefty fines. Mandatory minimum prison sentences are based on the weight of the controlled substance found in the person’s possession.
In Georgia, additional penalties that the courts may impose:
In order for a defendant to be found guilty of cocaine possession in Georgia, State prosecutors must prove that the defendant is guilty beyond a reasonable doubt of either “Actual” or “Constructive” cocaine possession. “Actual Possession” means the defendant was found with the cocaine on them or in their vehicle or residence.
“Constructive Possession” means the defendant purposely had the intention and power to exercise control over the cocaine. For prosecutors to prove constructive possession, they must prove the defendant had actual control over the cocaine that goes beyond finding the cocaine near the accused.
According to O.C.G.A. §16-13-30(d), an individual charged with possession of cocaine in Georgia is facing a felony criminal charge, and the punishments differ depending on the amount of cocaine found in the accused’s possession.
Possession of Cocaine Penalties in Georgia (if found guilty)
In Georgia, all drug possession offenses are punished with a mandatory driver’s license suspension. A first offense could result in a driver’s license suspension of at least six months. If convicted of second cocaine possession, a conviction results in a one-year suspension. A third or subsequent cocaine possession charge is punished with a minimum two-year driver’s license suspension.
In Georgia, the punishments for “Possession of Cocaine with Intent to Distribute” include a prison sentence between five to thirty years and legal fines. A subsequent “Possession of Cocaine with Intent to Distribute” offense
is punished with a prison sentence of between ten to forty years. In some cases, the defendant could face life in prison under O.C.G.A. §16-13-30(d).
In Georgia, the penalties for cocaine possession increase if the accused is found in possession of cocaine with intent to distribute within 1,000 feet of a drug-free zone, school grounds, housing project, or park. The punishments include a prison sentence of up to twenty years and fines of up to $20,000 for a first offense. Subsequent offenses increase the penalties to a mandatory minimum prison sentence of five years up to forty years with a fine up to $40,000.
According to O.C.G.A. §16-13-31(a), an individual has committed the criminal offense of Trafficking in Cocaine in Georgia when they possess, sell, deliver, or manufacture 28 grams or more of cocaine or any compound that has a purity of 10% or more of cocaine.
In Georgia, drug trafficking is the most serious drug crime. Trafficking cocaine is punished with a mandatory minimum prison sentence and a substantial legal fine. Moreover, drug offenses escalate from an “Intent to Distribute Drugs” to “Drug Trafficking” depending on the weight of cocaine. Each illegal drug has its own weight limits and punishments. By way of example only, an individual found to possess 400 grams of cocaine, or more is punished with a minimum prison sentence of 25 years and a minimum legal fine of $1,000,000.
If you, a friend, or a member of your family have been arrested and charged with any drug crime, you must speak with one of our experienced Georgia Drug Crime Attorneys. Furthermore, remember that you have the right to remain silent, and you have the right to have an attorney present with you during questioning.
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If you, a friend, or a member of your family is facing a drug trafficking charge, contact us to speak with our experienced Atlanta Drug Trafficking Defense Attorneys. Our firm fights hard to win a dismissal, and our attorneys know how to use Georgia drug trafficking laws to argue down drug trafficking criminal charges due to faults to reduce our clients’ criminal charges while we fight for a dismissal of all charges.
