Facing a drug arrest in Georgia can be a frightening and confusing ordeal for anyone. As one of the strictest states regarding drug possession, you might be wondering what charges you could get.
While local laws classify the vast majority of drug possession charges as felonies, your case may be different. Understanding the difference between a felony and a misdemeanor is critical to protecting your freedom.
The lone misdemeanor exception
Unlike many controlled substances, possession of less than one ounce of marijuana is a lesser offense. If you are caught with this small amount, it is typically treated as a misdemeanor.
However, this exception only applies to the leafy, raw form of the plant. Tetrahydrocannabinol (THC) oils, concentrates and vape cartridges are still heavily penalized in Georgia. Possessing even a tiny fraction of these manufactured substances crosses the line into a felony charge.
What classifies as a felony
In Georgia, possessing any amount of a Schedule I or Schedule II drug is an automatic felony. Offenders may face harsher penalties based on the weight of the controlled substance:
- Less than one gram: One to three years in prison
- One to four grams: One to eight years in prison
- From 4 to 28 grams: 1 to 15 years in prison
Additionally, possessing more than one ounce of marijuana instantly scales up a charge to a felony punishable by 1 to 10 years in prison.
Felony vs. misdemeanor severity
In Georgia, the difference between a misdemeanor and a felony drug charge is huge. A misdemeanor can mean up to one year in county jail and a fine of up to $1,000. On the other hand, a felony can lead to several years in prison, along with much larger fines.
Beyond prison time, a felony carries significantly greater long-term consequences. You may face the potential loss of voting rights during incarceration and a permanent ban from jury service.
Although both may appear on background checks, misdemeanors are generally less damaging to your housing and employment prospects. A felony conviction can create substantial barriers to securing work, housing and professional licensing.
Hope for first-time offenders
Despite stringent state laws, you have a way to protect your record if you have no prior convictions of any drug offense. A judge can place first-time offenders on probation without entering a finding of guilt. The charge is dismissed entirely if you successfully complete the terms of your supervised release.
Taking control of your case and future
While a drug arrest can alter the trajectory of your life, you do not have to face it alone. A lawyer can stand next to you in court and help build a strong defense against the state’s case. Facing felony drug charges is not always a guarantee of a felony conviction.