Criminal Defense

Drug Crimes Defense
Attorney in Atlanta, Georgia

Georgia enforces some of the strictest drug laws in the United States. A conviction — even for simple possession — can result in prison time, heavy fines, a permanent criminal record, and the loss of professional licenses, housing, and financial aid. Attorney Brent E. Sherota has defended drug charges across Metropolitan Atlanta for over 10 years. If you have been arrested for a drug offense, act immediately to protect your rights.

How Does Georgia Classify Controlled Substances?

Georgia classifies controlled substances into five schedules under the Georgia Controlled Substances Act (O.C.G.A. § 16-13-20 et seq.). The schedule determines the severity of the charge and the potential sentence. Schedule I substances are considered the most dangerous with no accepted medical use, while Schedule V substances have the lowest potential for abuse.

ScheduleCharacteristicsCommon Examples
Schedule IHigh abuse potential; no accepted medical useHeroin, LSD, MDMA (Ecstasy), Psilocybin
Schedule IIHigh abuse potential; limited accepted medical useCocaine, Methamphetamine, Oxycodone, Fentanyl, Adderall
Schedule IIIModerate abuse potential; accepted medical useAnabolic steroids, Ketamine, Buprenorphine
Schedule IVLower abuse potential; accepted medical useXanax, Valium, Ambien, Tramadol
Schedule VLowest abuse potential; accepted medical useCough preparations with small amounts of codeine

What Are the Penalties for Drug Possession in Georgia?

Under O.C.G.A. § 16-13-30, possession of a controlled substance is a felony in Georgia for Schedule I and II drugs, regardless of the amount. Even a small quantity can result in a mandatory prison sentence. Marijuana possession is treated separately and may be a misdemeanor or felony depending on the amount.

Schedule I & II Possession

Includes cocaine, heroin, methamphetamine, fentanyl, MDMA, and prescription opioids without a valid prescription.

ClassificationFelony
Prison Sentence2 to 15 years (first offense)
Repeat Offense5 to 30 years
FinesUp to $100,000

Marijuana Possession

Georgia has not legalized recreational marijuana. Possession of any amount remains a criminal offense under state law.

Under 1 ozMisdemeanor — up to 1 year, $1,000 fine
1 oz to 10 lbsFelony — 1 to 10 years
Over 10 lbsFelony Trafficking — mandatory minimums apply
Low-THC OilLegal with valid Georgia registry card

What Is Drug Trafficking in Georgia and What Are the Penalties?

Drug trafficking under O.C.G.A. § 16-13-31 is triggered by the quantity of the drug — not by proof of sale or distribution. If you are found in possession of a threshold amount, you can be charged with trafficking even if the drugs were for personal use. Trafficking carries mandatory minimum prison sentences that judges cannot reduce.

SubstanceThreshold QuantityMandatory MinimumMaximum Sentence
Marijuana10 lbs5 yearsLife
Cocaine28 grams10 yearsLife
Methamphetamine28 grams10 yearsLife
Heroin4 grams5 yearsLife
Fentanyl4 grams5 yearsLife
MDMA (Ecstasy)28 grams5 years30 years

Possession With Intent to Distribute (PWID)

Even below trafficking thresholds, prosecutors may charge Possession With Intent to Distribute (PWID) based on circumstantial evidence such as the presence of scales, baggies, large amounts of cash, or text messages. PWID carries the same felony penalties as simple possession but with enhanced sentencing. An experienced attorney will challenge the sufficiency of this evidence aggressively.

What Are the Collateral Consequences of a Drug Conviction?

A drug conviction in Georgia carries consequences that extend far beyond the courtroom. These collateral consequences can affect nearly every aspect of your life for years — or permanently.

Driver's License Suspension

Georgia automatically suspends your driver's license upon conviction for most drug offenses, even if no vehicle was involved.

Federal Student Aid

A drug conviction can make you ineligible for federal student loans, grants, and work-study programs under the Higher Education Act.

Professional Licenses

Convictions can result in the revocation or denial of licenses for law, medicine, nursing, real estate, teaching, and other regulated professions.

Employment

Most employers conduct background checks. A felony drug conviction can disqualify you from many jobs, particularly in healthcare, finance, and government.

Housing

Public housing authorities and many private landlords deny applications from individuals with drug felony convictions.

Immigration Status

Non-citizens convicted of drug offenses face deportation, denial of re-entry, and permanent bars to naturalization under federal immigration law.

What Are the Strongest Defenses Against Drug Charges in Georgia?

Drug cases are highly defensible. The Fourth Amendment protects against unlawful searches and seizures, and any evidence obtained in violation of your constitutional rights may be suppressed — potentially resulting in a dismissal of all charges. Attorney Sherota investigates every aspect of how the evidence was obtained and handled.

Unlawful Search & Seizure

If police searched your vehicle, home, or person without a valid warrant or a recognized exception to the warrant requirement, the evidence may be suppressed under the Fourth Amendment. This is one of the most powerful defenses in drug cases.

Lack of Knowing Possession

The prosecution must prove you knowingly possessed the controlled substance. If the drugs were found in a shared vehicle or residence, the State must prove the drugs were yours — not merely that you were present.

Chain of Custody Violations

Drug evidence must be carefully documented from seizure to laboratory analysis. Any break in the chain of custody — mislabeling, missing logs, or improper storage — can cast doubt on the integrity of the evidence.

Lab Analysis Challenges

The State must prove the substance is actually an illegal drug through certified laboratory testing. Errors in testing procedures, contamination, or unqualified analysts can invalidate the lab results entirely.

Entrapment

If law enforcement induced you to commit a drug offense that you would not have otherwise committed, entrapment may be a viable defense. This is particularly relevant in undercover sting operations.

Valid Prescription

Possession of a Schedule II–V substance with a valid, current prescription from a licensed physician is a complete defense. We verify prescription records and challenge any inconsistencies in the State's evidence.

Can a Drug Charge Be Kept Off My Record in Georgia?

For first-time offenders, Georgia offers several programs that may allow you to avoid a permanent conviction on your record.

First Offender Act

O.C.G.A. § 42-8-60

Allows eligible first-time felony offenders to plead guilty and complete probation without a formal conviction being entered. Upon successful completion, the charge is discharged and the record sealed from public view.

Conditional Discharge

O.C.G.A. § 16-13-2

Specifically for first-time drug possession offenders. The court may defer proceedings, place you on probation, and upon successful completion, discharge the case without a conviction — preserving your clean record.

Drug Court

Accountability Court Program

A supervised treatment program for non-violent drug offenders. Successful completion results in reduced or dismissed charges. Designed to address the underlying substance use issue rather than simply punish.

This page was written by Brent E. Sherota, Esq., a criminal defense attorney with over 10 years of experience in Metropolitan Atlanta, Georgia. Brent is an active member of the State Bar of Georgia and a John Marshall Law School alumnus. View full attorney profile →

Facing a Drug Charge?

The consequences of a drug conviction in Georgia are severe and long-lasting. Contact Sherota Law today for a free, confidential consultation and start building your defense immediately.

Facing Drug Crime Charges?

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