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Charged with a drug offense? Most are felonies in Georgia. Protect your record, your freedom, and your future. Free consultation, six days a week.
A drug charge in Georgia is serious, and most drug offenses are felonies that can carry years in prison, heavy fines, and a permanent record. Under O.C.G.A. § 16-13-30, possession of nearly any controlled substance is a felony, with the only common exception being less than an ounce of marijuana. Attorney Gregory Chancy defends the full range of drug charges, challenging the search that produced the evidence and the state’s proof that the drugs were yours. The first call is free. Call (770) 627-3221.
The first thing to understand about a Georgia drug charge is how serious it is by default. Under the Georgia Controlled Substances Act, O.C.G.A. § 16-13-30, possessing almost any controlled substance is a felony, regardless of the amount. The main exception is possession of less than one ounce of marijuana, which is a misdemeanor. Everything else, from a single pill without a prescription to a small amount of a Schedule I or II drug, is charged as a felony.
That felony default is what makes early defense so important. A felony drug conviction carries prison exposure, but it also brings consequences that outlast any sentence: a permanent record, a driver’s license suspension, the loss of firearm rights, and barriers to employment and housing. The severity of a specific charge depends on the drug’s schedule, the amount, and whether the state alleges more than simple possession.
The firm defends the full range of drug charges, and each has its own law, penalties, and defense. Each links to a dedicated page:
If your charge is not listed here, call (770) 627-3221. The firm handles many drug offenses beyond this list, and the consultation is free.
Georgia sorts controlled substances into five schedules, and the schedule drives the charge. The table below shows how they break down.
Schedule | Description | Examples |
I | High abuse potential, no accepted medical use | Heroin, LSD, ecstasy |
II | High abuse potential, limited medical use | Cocaine, methamphetamine, oxycodone, fentanyl |
III | Lower abuse potential, accepted medical use | Anabolic steroids, ketamine, some codeine products |
IV | Low abuse potential, accepted medical use | Xanax, Valium, Ambien |
V | Lowest abuse potential, accepted medical use | Certain low-strength codeine preparations |
Possession of a Schedule I or II drug is a felony carrying years in prison, with the exact range set by the drug and the amount, and repeat convictions increase it sharply. Schedule III, IV, and V drugs carry lower but still serious felony penalties. Crossing certain weight thresholds moves a charge from possession into trafficking, which carries mandatory minimum sentences a judge cannot go below. Precise sentence ranges depend on the specific drug, amount, and subsection, so the figure that applies to a given case should always be confirmed directly.
Every drug case is built on how the drugs were found, whose they were, and what they actually are, and each is a place the case can break down. Most drug charges begin with a search, so the first question is whether the stop, the search, or the warrant was lawful. Evidence from an unlawful search can be suppressed, and without the drugs the case often cannot stand.
The next question is possession itself: when drugs are found in a shared car or home, the state has to prove they were actually yours and under your control, not just nearby. The lab testing that identifies and weighs the substance gets the same scrutiny, along with the chain of custody. Where the weight sits near a trafficking threshold, how it was measured can be the difference between a possession charge and a mandatory-minimum one. The goal is to suppress the evidence, break the link between you and the drugs, or keep a charge from escalating into something worse.
Most drug cases are prosecuted by the state, but some are charged federally, and the difference is significant. Federal drug charges are brought by agencies like the DEA and typically involve larger quantities, alleged distribution networks, or activity crossing state lines. They carry their own sentencing structure, often with mandatory minimums, and are heard in federal court.
A single case can even involve both state and federal exposure, because the two governments are treated as separate authorities. Which system is prosecuting the case changes the penalties, the procedure, and the strategy, so the defense has to account for where the case actually sits and where it could go.
Gregory Chancy, Esq. is the attorney and founder of Cobb Defense, and he handles every drug case personally, from the first call through resolution. He earned his law degree from John Marshall Law School in Atlanta and has practiced law in Georgia since 2017, and he is an Active Member in Good Standing of the State Bar of Georgia with no public discipline on record. He is a member of the State Bar’s Criminal Law Section, along with the Cobb County Bar Association, the Georgia Trial Lawyers Association, and the American Bar Association. Before law, he spent more than fifteen years in engineering, a background that shapes the methodical way he takes apart the evidence in a case.
Clients work with attorney Chancy himself, not a rotating cast of staff, and every case is prepared as though it will go to trial. You can verify his license and standing with the State Bar of Georgia. Consultations are always free.
Stay calm, exercise your right to remain silent, and do not give a statement to law enforcement without a lawyer present. Then contact a defense attorney as soon as possible so the case can be reviewed before it moves forward.
Yes. Drug cases can fall under state or federal jurisdiction depending on the substance, the quantity, and whether the activity crossed state lines. Federal charges carry their own penalties, so it matters to have a defense familiar with both systems.
Marijuana use for specific medicinal purposes has been legalized in Georgia. Also, only marijuana oil is legalized for medical use, and only up to 20 ml may be purchased at one time.
A drug charge can be reduced or dismissed depending on how the evidence was obtained and whether possession can be proven. An unlawful search or a broken chain of custody can undermine the prosecution’s case.
Not always. Depending on the charge and the record, alternatives such as treatment programs or diversion may be available in place of jail. The options depend on the specific charge and the facts of the case.
The Law Office of Gregory Chancy handles drug charges across its service area. Call (770) 627-3221 to confirm the office covers your area and to set up a free consultation.
A drug charge is a felony in most cases, and the sooner your case is reviewed, the more can be done to protect your record and your freedom, especially while the search and the evidence can still be challenged. Call (770) 627-3221 for a free consultation with attorney Gregory Chancy, or use the form on this page. Every conversation is confidential, and the first call costs nothing.
If you have questions about your case or need immediate legal assistance, please complete the confidential contact form.