Drug Crime Defense Lawyers
Drug charges which cover both possession and the sale of drugs, carry some of the most severe penalties and fines of any crime in Cumming or Dawsonville, Georgia.
Anything that can be used to make, ingest or conceal drugs is considered drug paraphernalia.
Possession of drug paraphernalia is an additional misdemeanor charge commonly combined with felony drug possession charges.
Possession of Marijuana or THC Vape Cartridge
Possession of a THC cartridge can be a felony charge in the State of Georgia depending on what type of THC is in the cartridge. The most common forms of THC include delta 8, delta 9 and delta 10. Delta 8 and 10 are not considered controlled substances in the State of Georgia however, the manufacturing process for THC vape cartridges is not regulated and mislabeled cartridges are sold every day. It is possible that a delta 8 or delta 10 cartridge has delta 9 content inside.
Possession of marijuana and THC cases in Forsyth and Dawson County usually begin with a search of your vehicle, house or person. Our criminal defense team, led by Mr. Logan Butler, will investigate the circumstances of that search including whether the police officer in your case did something wrong, so we can have that evidence excluded.
Classification of Drugs in the State of Georgia
| Schedule I | Schedule II | Schedule III | Schedule IV |
|---|---|---|---|
| Marijuana (Weed) | Cocaine & Crack Cocaine | Steroids | Diazepam (Valium) |
| Heroin | Morphine | Vicodin | Alprazolam (Xanax) |
| Ecstasy (MDMA) | Methamphetamine (Meth) | Tylenol with Codeine | Clonazepam (Klonopin) |
| Peyote | Oxycodone | Ketamine | Zolpidem (Ambien) |
| Mushrooms | Hydrocodone | Testosterone | Phenobarbital |
| LSD | Opium |
Schedule I drugs are known as controlled substances and are considered the most dangerous with the highest potential for abuse and have no medicinal value. Schedule II drugs are divided into narcotics and non-narcotics. Schedule III, IV and V are referred to as controlled substances.
Penalties and Fines for Drug Possession
Possession of any of the drugs listed above is either a felony or misdemeanor crime, depending on the class of drug. A conviction of drug possession for schedule I-IV drugs is a felony. Schedule V drugs are classified as misdemeanor crimes. In addition, each class of drug carries a prison term sentence as well as a fine as seen in the table below.
| Drug Type | Crime Type | Prison Term | Fine |
|---|---|---|---|
| Schedule I | Felony | Up to 10 years | Up to $100,000 |
| Schedule II | Felony | Up to 15 years | Up to $100,000 |
| Schedule III | Felony | Up to 5 years | Up to $25,000 |
| Schedule IV | Felony | Up to 1 year | Up to $10,000 |
| Schedule V | Misdemeanor | Up to 1 year | Up to $1,000 |
*Possession of less than one ounce of marijuana (weed) is a misdemeanor crime with a punishable prison term of up to 12 months and a fine up to $1,000.
Penalties and Fines for Drug Distribution
| Schedule I or II Controlled Substance | 5 to 30 years (for first conviction) |
| Schedule III, IV or V Controlled Substances | 1 to 10 years (for first conviction) |