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Georgia Drug Possession Laws

Created by FindLaw's team of legal writers and editors.

Georgia regulates the possession of both illegal and prescription drugs. Georgia drug possession laws treat the crime very seriously and a conviction for possession of even a small amount of an illegal drug can subject you to serious penalties. A drug possession conviction in Georgia also results in the suspension of your driver's license.

Driver's License Suspension

A person convicted under Georgia drug possession laws will face the suspension of their driver's license. If this is your first conviction there is a mandatory six month driver's license suspension. Second convictions result in the loss of your license for one year, and third or subsequent possession conviction you lose your license for two years.

The following chart provides important information about Georgia drug possession laws. If you or someone you know is suffering from a substance abuse problem, get help as soon as possible.

Statutes Georgia Code, Title 16, Chapter 13. Controlled Substances
Controlled Substance Classification

Georgia drug possession laws divide controlled substances into "schedules" as follows:

  • Schedule I: Drugs with a high potential for abuse and no accepted medical use.
  • Schedule II: Drugs with a high potential for abuse and the potential for psychological or physical dependence that have accepted medical uses under severe restriction.
  • Schedule III: Drugs with a lower chance of abuse, low or moderate potential for psychological or physical dependence and an accepted medical use.
  • Schedule IV: Drugs with a lower chance of abuse, limited potential for psychological or physical dependence, and an acceptable medical use.
  • Schedule V: Drugs with the lowest potential for abuse, limited potential for dependence, and accepted medical use.
Penalties

Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Penalties are as follows:

  • Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Subsequent convictions are punishable with up to 30 years in prison.
  • Possession of non-narcotic Schedule II drugs: punishable with 2-15 years in prison. Subsequent convictions are punishable with 5-30 years in prison.
  • Possession of Schedule III, IV, or V drugs: punishable by 1-5 years in prison. Subsequent convictions are punishable with 1-10 years in prison.
Marijuana Possession

The penalties for marijuana possession are as follows:

  • Possession of 1oz or less is a misdemeanor punishable with 1 year in prison and a fine of up to $1,000.
  • Possession of more than 1oz is a felony punishable by up to 10 years in prison with 1 year mandatory and fines of up to $5,000.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

Get Legal Help with Your Drug Possession Case in Georgia

Georgia drug possession laws carry harsh penalties and can impact your driving privileges and employment opportunities. If you've been charged with drug possession, or another crime related to drugs, it's a good idea to contact a drug crime lawyer in Georgia who can help you present a strong defense or negotiate a plea deal to increase the chances that you don't face the worst possible outcome.

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