Most drug arrests involve questionable stops and illegal searches. We find constitutional violations and get evidence thrown out. Protect your freedom—call today.
Allegations involving the illegal possession or distribution of controlled substances are extremely common. A conviction for having even a small amount of marijuana in your possession can change your life, so it is essential that you mount a vigorous defense as quickly as possible.
Fortunately, our Palmetto drug defense lawyers are available to help. A dedicated defense attorney from J. Ryan Brown Law will hear your side of the story and develop a defense that is specifically tailored to your situation. This may include challenging the police tactic that led to an arrest, questioning whether you had the substances in your possession, or questioning whether the State can prove that you intended to distribute the substances. Contact us to schedule your confidential consultation today.
The severity of the drug charges you face will depend on several factors. It will be up to your drug defense lawyer with J. Ryan Brown Law to help you understand the possible consequences you are facing if you are found guilty.
The classification of the drug involved in your case will often play a part in determining the extent of the charges against you. If you are unsure how the drugs involved in your case will be classified, do not hesitate to consult our drug defense attorneys, who are here to answer your questions and help you clear your name of the drug charges against you. According to Georgia Rules and Regulations Chapter 480-34, drugs are classified into five different Schedules as follows:
Your drug defense attorney with J. Ryan Brown Law will have better insight into the severity of the drug charges you are facing once we have an idea of the amount of controlled substances involved in your case. Generally, the greater the amount of drugs, the more severe the penalties will be.
If you were found in possession of controlled substances and law enforcement officials believe you may be distributing, selling, or trafficking drugs, the charges against you could be increased. In some cases, your charges could even be elevated to the federal level, where your case will be heard in federal court. However, this is often reserved for the highest amounts of controlled substances and drug crimes that occur across state lines.
The type of drug crime you are accused of committing will also determine the potential consequences you face. Our drug possession lawyers have extensive experience handling virtually every type of drug offense. Some of the most common drug charges we defend against include:
Georgia has not legalized marijuana for medicinal or recreational use as of 2024. While individuals with a prescription may be able to use low-THC oil under the Georgia Department of Public Health, all other possession or consumption of cannabis and other marijuana products is considered unlawful.
Under the O.C.G.A. § 16-13-30(j), possessing more than one ounce of marijuana is a felony (1–10 years prison). Less than one ounce is a misdemeanor (up to 12 months jail).
Possessing harsher drugs brings more severe penalties. The potential sentences depend on the drug and the amount involved. To fight charges and penalties, you must retain a lawyer in Palmetto early on.
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The possible consequences you face depend on the type and amount of substances, the type of crime, and other factors such as your record, weapons involvement, or aggravating factors.
Many drug possession charges are prosecuted at the felony level. Possession of a Schedule III, IV, or V controlled substance could result in up to five years in prison and fines.
Possession of a Schedule I or II drug could mean up to 15 years in prison for a first offense. A prior record could double your sentence to 30 years.
Generally charged as a felony. For Schedule III–V substances, up to three years (first offense) and five years (subsequent). For Schedule I–II, sentences vary based on drug type and amount—ranging from 3 years up to life in prison.
Selling or intent to sell Schedule I or II substances is a felony carrying up to 30 years in prison. Prosecutors often use circumstantial evidence like cash, packaging, or storage methods to argue intent to distribute. A defense lawyer can challenge this and the legality of police actions.
Generally a misdemeanor. First offense: up to $1,000 fine and one year in jail. Second: fines up to $5,000. Third: up to five years in jail.
Beyond fines and prison, collateral consequences include:
When your future is at stake, you need the strongest defense strategy possible.
You may qualify for a pretrial diversion program under Georgia Code 15-18-80. Requirements may include rehab, restitution, and drug screenings. Successful completion could dismiss or reduce charges.
Possible defenses include:
Drug cases are complex and can escalate quickly. Even a trace of marijuana is a crime. Distribution charges carry mandatory lengthy prison terms.
A Palmetto drug trafficking attorney from J. Ryan Brown Law will help you fight these outcomes. We can argue possession, bail terms, and evidence collection issues. Call us or complete our secured contact form for a confidential consultation.
Self-incrimination is giving law enforcement information that could result in charges. Assert your Fifth Amendment right and remain silent without your lawyer present.
Public defenders carry heavy caseloads. A private lawyer may be costly, but your future is invaluable.
Certain misdemeanors may qualify under SB 228 (Second Chance Act) after four years. Felonies generally cannot be expunged but may be sealed from public access.
Possession cases: up to 2 years. Felony drug crimes: up to 4 years (Georgia Code 17-3-1).
The prosecutor must prove guilt beyond a reasonable doubt (Georgia Code § 24-14-5). Evidence may include paraphernalia, cash, controlled substances, or weapons.
