Been Accused of Possessing a Drug Related Object in Georgia?
Georgia regulates the possession of controlled dangerous substances, or CDS. Each CDS is placed into categories called schedules. The state separates the schedules according to how dangerous the drug. For instance, Schedule I drugs are considered the most dangerous and include heroin. Schedule V drugs are considered the least dangerous and include specific narcotics. Even if you don’t possess the drug you may be charged with Possession of a drug related object.
Each schedule has a separate and specific punishment according to the amount and type of drug illegally possessed. For instance, possession of Schedule II narcotics is punishable by a minimum of two to a maximum of 15 years in prison. The penalty is higher for a second offense.
Possession of a Schedule V controlled substance is punishable by one to five years in prison.
In some situations, a person a can be charged with drug possession and having a drug related object. In Georgia, a person can be arrest and charged with not having a specific drug, but having drug related objects.
The Definition of Drug Related Objects in Georgia
A drug related object charge is just as serious as a drug possession charge. Possession of a drug related object refers to anything an average individual would reasonably conclude could be intended to help in taking drugs. The object can be:
In Georgia, the Drug Related Object Must have a Specific Purpose
For a person to be charged with possession of a drug related object, the object must have one or more of the following purposes:
- Introduce a dangerous drug or controlled substance into the human body in a way that violates state law. For instance, the object could be a syringe that introduces heroin into a person’s system. Injecting heroin violates Georgia drug laws.
- Pack a controlled substance
- Store a controlled substance
- Keep a controlled substance contained
- Conceal any amount, or quantity, of controlled substance or dangerous drug under circumstances that violate state law.
- Administer a controlled substance into the human body
- Inhale a controlled substance into the human body
- Enhance the effect the controlled substance or dangerous drug has on the body
- Cultivate or grow the controlled substance
- Test the purity, strength or effectiveness of any controlled substance or dangerous drug in violation of the state law
Knowledge of the Drug Related Object is Required to be Charged in Georgia
A person must knowingly possess the drug related object to be charged with the crime. To “knowingly” possess the drug related object means the person purposely had the object on them. Someone did not place the drug related object in their possession or on their person. It only requires general knowledge, not specific knowledge of the drug related object.
One Exception to the Knowledge Rule for a Georgia Possession of A Drug Related Object Charge
The law has one exception regarding a person knowingly possessing the drug related object. A prosecutors can charge a person with possession if they have the drug related object on them along with the instructions.
For instance, an individual has a drug related object in their possession and the object has instructions printed on them on how to use it. No knowledge of having the drug related object is required. It is also not required if the instructions are not printed on them, but has it with them.
The law allows the prosecutor to assume the person knew about the drug related object in their possession.
It is Unlawful in Georgia to Sell Drug Related Objects to a Minor
In Georgia, it is unlawful for anyone to knowing deliver, sell, display for sale, distribute or give a minor a drug related object. It is also illegal to knowingly possess with the intent to distribute, display for sale, sell or deliver a drug related object to a minor.
A minor is considered anyone under the age of 18 years old.
A Person May not be Guilty of Selling a Drug Related Object to a Minor under Specific Circumstances in Georgia
A person may be charged with giving, distributing or selling a drug related object to a minor, but be innocent when one or more of the following occurs:
- The person accused was the minor’s guardian or parent
- The person selling, distributing or giving the minor the drug related object had a reasonable believe the minor was actually 18 years old or older. This happens when a minor purposely gives the person a driving license or any official document like a birth certificate showing they are an adult.
- The person made an honest mistake in believing the minor was an adult
Punishment for Possession of a Drug Related Object in Georgia
A person found guilty of having a drug related object in Atlanta faces a misdemeanor. A misdemeanor is 12 months in jail and up to a $1,000 fine. A second or subsequent offense is a felony. The punishment for this felony is one to five years in prison and a fine ranging from $1,000 to $5,000.
Yeargan & Kert, LLC will be Your Legal Advocate for Your Possession of A Drug Related Object Charge in Georgia
You were charged with having a drug related object in your possession. That does not mean you are guilty or do not have a right to prove your innocence. At Yeargan & Kert, LLC we are committed to proving your innocence and fighting the charge. If you or a loved one has been charged with possessing a drug related object, contact Yeargan & Kert, LLC.
Yeargan & Kert, LLC will provide you with the most well trained and professional staff to defend your case. We do not hire lawyers who just graduated from law school. Our lawyers were former prosecutors, military members, law enforcement officers and receptionists. We hire experienced legal professionals who understand the law, how to negotiate a lesser charge and destroy a prosecutor’s case. Contact us immediately for a free consultation.