Possession of Meth
Charged with Possession of Meth in Georgia? Yeargan & Kert, LLC Lawyers are Drug Defense Experts.
Methamphetamine, or meth, is considered a dangerous, highly addictive synthetic drug. Possession of meth is a felony in Georgia. If obtained legally for medical use, it is in a powder or pill form. Many people may not be aware that meth can be prescribed for maintaining blood pressure and narcolepsy. If obtained illegally, it is found in:
- Small crystals
- Compressed pills
- Mixed with other illegal controlled substances
Methamphetamine is Illegal in Georgia if not Obtain via Prescription
Georgia classifies all dangerous controlled substances into a category called a Schedule. There are five Schedules. The first schedule is the most dangerous because they are highly addictive. Methamphetamine is listed in Schedule II because it is considered highly addictive because of the intense sudden high.
Having Methamphetamine in Georgia without a Prescription is Illegal
In Atlanta, a person who has methamphetamine without a prescription may be charged with possession of meth. The charge occurs when someone has methamphetamine on them or around them. For example, if a person has meth in their pocket at the time they are stopped, it is considered actual possession. If a person has meth somewhere around them such as their home or car, it is called constructive possession.
The Amount of Meth a Person Allegedly has will determine their Punishment, if Convicted
The general punishment for Possession of Meth is a possible sentence of:
- Two to 15 years in prison
- Fine of $100,000
- Mandatory suspended license
- Forfeiture of any assets connected to having meth
The punishment for the second possession of meth offense is up to 30 years in prison.
However, specific punishment depend on the amount of methamphetamine the individual allegedly possesses. For instance, possessing:
- up to 2 grams of meth is one to three in prison
- 2 to 4 grams of meth is one to eight years in prison
- 4 to 28 grams of meth is one to 15 years in prison
The Amount Meth Allegedly found can Increase the Atlanta Charge to Trafficking Meth
Georgia takes possession of meth extremely seriously. It assumes that anyone with an amount over 28 grams of meth intended to sell, distribute or give it to other people. Prosecutors will try to upgrade the charge from simple possession to drug trafficking charge. The prison sentence for trafficking meth ranges from 10 to 25 years in prison depending on the amount allegedly possessed.
If prosecutors do not try to upgrade the charge to trafficking meth, they could upgrade the charge to possessing meth with the intent to distribute. The charge involves a person possessing the drug with no intent to use it. Instead, of using meth, the person is accused of having the drug until they can distribute it to someone else.
Atlanta Prosecutors have to prove a Possession of Meth Charge beyond a Reasonable Doubt
To convict a person of possession of meth, the state must prove its case beyond reasonable doubt. This means prosecutors have not left any doubt in the mind of the jury or judge about the defendant’s guilty. The state requires its prosecutors to prove guilty by showing elements. These elements include the person knew they possessed meth and the possession was actual or constructive.
Let Yeargan & Kert, LLC Fight Your Possession of Meth Charge in Atlanta
You have been charged, but not convicted of possessing meth. Now it is time to fight. Let us fight for you. We are Yeargan & Kert, LLC. We are drug defense experts. Contact us immediately for help. We offer a free consultation and will fight to dismiss or reduce your charges. Contact Yeargan & Kert, LLC today.