In the state of Georgia, drug sales or the intent to distribute drugs is a serious crime that carries severe penalties. The relevant statute governing this offense is Georgia Code Title 16, Section 16-13-30 (O.C.G.A. § 16-13-30).
This statute addresses the illegal distribution of controlled substances and outlines the penalties for those convicted of selling or distributing drugs. Drug sales are a leading concern for law enforcement.
The intentional sale, distribution, or possession with the intent to sell or distribute controlled substances is illegal and a conviction can lead to incarceration and heavy fines.
Controlled substances include drugs such as cocaine, heroin, methamphetamine, ecstasy, and prescription medications like opioids or benzodiazepines without a valid prescription.
With few exceptions, selling drugs is a Felony level of crime in Georgia. Drugs and narcotics that are illegal, or only legal to possess with a lawful prescription, are called controlled substances. Georgia law classifies them into 5 Schedules (O.C.G.A. § 16-13-24.)
Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony. A conviction for selling or distributing these substances can result in a felony charge, punishable by imprisonment for a minimum of five years and a maximum of 30 years, along with substantial fines. Future offenses bump those penalties up to 10-40 years in prison.
Drug sales of any Schedule III, IV, or V Controlled Substance is a felony punishable by one to ten years in prison, along with fines. The quantity, meaning the amount in possession, will affect the length of sentences and fines.
Schedule I drugs are drugs with no current medical use, per analysis by the DEA and FDA, and carry a high potential for abuse and addiction. For example, heroin, LSD, and ecstasy. Under limited circumstances, Georgia now sometimes allows for medical marijuana usage.
Schedule II drugs are drugs such as cocaine, methamphetamine, hydrocodone (Vicodin), and opium. Opium has many derivatives, including morphine, codeine, oxycodone, and heroin. Some Schedule II drugs can be legally obtained with a prescription, and some have no medical use, such as cocaine and methamphetamine.
Schedule III – steroids and antidiuretics are Schedule III drugs. Acetaminophen with codeine, cough medicines with codeine, Dronabinol, and Ketamine are examples of Schedule III drugs.
Schedule IV drugs have clear evidence of viable medical use and possess a probability for misuse and abuse, though it is considered a low probability. Examples are Xanax, Valium, and Ativan.
Schedule V drugs are those that must be lawfully prescribed and have varying potential for abuse. Most Schedule V substances involve preparing the drug with a small quantity of some narcotic. A common example is cough syrup.
There are ways that we can defend you from these types of charges. For example, we often find there are routine search and seizure issues surrounding drug charges. Evidence seized in violation of the Fourth Amendment cannot be used in a court of law. Or we may be able to produce evidence that your possession was legal by way of a doctor’s prescription. We may be able to get charges reduced as the combination of drugs and other items seized determines what charges are given.
As a long-term and experienced drug defense lawyer, Vic Wiegand understands the seriousness of drug offenses. He will bring the totality of his expertise, litigation and trial skills, and strategic thinking to your defense.
No matter what charges you are facing, almost all cases have the potential for a reduction in punishment or an acquittal. We can investigate the circumstances surrounding the drug offense charges and help defend you.
We are a full-service criminal defense law practice located in Cumming, GA, committed to protecting our client’s interests. We handle all types of drug offense charges, from simple possession to the more serious felony cases of illegal distribution of controlled substances.
Contact our office as soon as possible at (770) 886-4646 so we can review your case.
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Our Law office is located a few blocks from the Forsyth County Courthouse. Contact Us today for more information.