Have You Been Charged with Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or a CounterFeit Substance Near Park or Housing Project in Georgia?
Drugs and narcotics that are illegal or only legal to possess with a valid prescription are called controlled substances. These are classified into five schedules. If you or a loved one have been charged with Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project in Georgia, you need experienced representation. We have over 50 combined years of criminal defense experience and here to help you defend against any drug charges. Call today to schedule a free case evaluation.
Georgia Law on Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project
Georgia has extensive drug crime laws. It is critical to hire an experienced criminal lawyer if you have charged with a drug crime in Georgia. These laws are highly technical and are challenging to defend for people who do not work with these statutes on a daily basis.
O.C.G.A. § 16-13-32.5 reads as follows:
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property which has been dedicated and set apart by the governing authority of any municipality, county, state authority, or the state for use as a park, playground, recreation center, or for any other recreation purposes, unless the manufacture, distribution, or dispensing is otherwise allowed by law.
(b) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated housing project, unless the manufacture, distribution, or dispensing is otherwise allowed by law. For the purposes of this Code section, the term “housing project” means any facilities under the jurisdiction of a housing authority which constitute single or multifamily dwelling units occupied by low and moderate-income families pursuant to Chapter 3 of Title 8.
Georgia Case Law
In King v. State, the defendant, King, was convicted of possession of intent to distribute cocaine with 1,000 feet of a public park. 325 Ga. App. 777, (2014). The evidence presented showed that officers found both powder and crack cocaine in King's kitchen. The amount of cocaine was higher than the typical amount that would be held by an addict or regular drug user. An officer with the Ocmulgee Drug Task Force testified that the amount of cocaine and the way it was packaged indicated that the drugs were the property of a dealer who was planning to sell them to third parties. During the trial, King testified that while he owned the house and had the only key to the house, he denied ownership of the drugs or knowledge they were in his home. However, the Court disagreed and found that all the evidence presented supported the assertion that the drugs did, in fact, belong to King. Therefore he was convicted of possession of cocaine with intent to distribute within 1,000 of a public park.
In the case of Clark v. State, officers found eight sandwich bags containing marijuana in a van occupied by six people. The van was parked within 1,000 feet of a housing project. The accused was charged under O.C.G.A. § 16-13-32.5(b) and O.C.G.A. § 16-13-30. The officer testified that the amount seized was “a little too much for personal use.” However, no scales, gun, cash, drug packaging material, or large amounts of marijuana were found in the van. Because of the lack of evidence demonstrating that the drugs were going to be distributed, the court did not find beyond a reasonable doubt that the accused intended to distribute the drugs. They concluded that possession of multiple bags of marijuana was not enough by itself to demonstrate that it was going to be distributed. Therefore, he was acquitted under O.C.G.A. § 16-13-32.5 because it is not a prohibited act under the statute to possess marijuana within 1,000 feet of a housing project. 245 Ga. App. 267, (2000).
The Penalty for Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana or CounterFeit Substance Near Park or Housing Project in Georgia
A person convicted of O.C.G.A. § 16-13-32.5 will be guilty of a felony. For a first conviction, the punishment will be a maximum prison term of 20 years or a fine of no more than $20,000.00, or both. Upon a second or subsequent conviction, the penalty will be a prison term between five and forty years, a maximum fine of $40,000.00, or both. For a second conviction, a minimum of five years must be served and cannot be suspended.
Having a felony conviction on your record can also make it difficult to obtain housing, employment, or receive credit.
However, all drug possession cases will result in a mandatory suspension of your driver's license. If this is the first offense, then the suspension will last for a minimum of six months. If this is the second offense, the penalty is one-year suspension and a third or subsequent offense results in a minimum two-year suspension.
Georgia Defenses to Manufacturing, Distributing, Dispensing, or Possessing with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project
The police used an illegal stop: One defense available to you that your Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the drugs. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that happens, your case will be dismissed based on a lack of evidence.
The transaction occurred outside of a 1,000-foot radius from any park or housing project: It is a required element of O.C.G.A. § 16-13-32.5 that the transaction occur within 1,000 feet of a park, playground, or housing project. Evidence that the location was outside of 1,000 feet would be greatly beneficial for your case. While it may prove that you did violate this law, you could still be charged with another drug crime.
Lack of evidence supporting possession with intent to distribute: To support a conviction for possession of controlled substances, marijuana, or counterfeit substances with intent to distribute, the state must prove more than just mere possession of the drug. As seen in Clark v. State, a lack of evidence demonstrating that the substance was going to be distributed will result in the charges being dropped. However, the accused can still be charged with possession of a controlled substance, marijuana, or a counterfeit substance.
The transaction occurred in a private residence with no one under 17 years of age present: O.C.G.A. § 16-13-32.5(g) provides an affirmative defense to this charge. If the transaction occurred in a private residence, no person under 17 was present, and the prohibited conduct was not carried on for the purpose of financial gain, then that is an affirmative defense to the charge of Manufacturing, Distributing, Dispensing, or Possessing With Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project in Georgia. However, this defense will not present itself. You need an attorney experienced in criminal defense to help prove that this applies to your case.
The amount was not enough to distribute: Some courts in Georgia have found that if the amount seized was a small amount; then, that could lead to the presumption that the substance was not going to be used for distribution but instead; for personal use. While there is no set standard for what sum amounts to distribution, the Court decides on a case-by-case basis. Our Georgia Distributing a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project Lawyers know how to make the law work in your favor and demonstrate that no distribution of marijuana or counterfeit substances was occurring.
Location was not considered a housing project: Under O.C.G.A. § 16-13-32.5, the transaction must occur within 1,000 feet of a housing project. A housing project consists of dwelling units occupied by low and moderate income families. During the trial, the State must establish that the location is owned or operated by a public housing authority, which is an essential element of the offense. Without evidence demonstrating that the low or moderate income families occupied the location, then a person cannot be convicted under this statute. Cooper v. State, 324 Ga. App. 451, (2013); Cantrell v. State, 316 Ga. App. 290, (2012)
Innocence: Witness testimony or an alibi can be used to help prove your innocence. If this applies to you, contact one of our Georgia Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project Lawyers so they can help you try to get the charges dropped.
What are Not Defenses
It belongs to someone else: Even if the substance does not directly belong to you, if caught in possession of it, you could be found guilty.
The equipment belongs to someone else: Even if the manufacturing equipment does not directly belong to you but is on your property, you could be found guilty. The Court assumes the owner of the house exercises dominion and control over the residence, and therefore, they could still be convicted of manufacturing marijuana or counterfeit substances even if they did not personally commit the crime.
Contact Us
Our Georgia Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project Attorneys will help you understand your options and will assist you with your case. To schedule a free consultation with Attorney Richard Lawson, Kimberly Berry or their team of Georgia Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project Lawyers, contact our offices today. Our Attorneys are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. Every drug possession case is unique, and our Attorneys will work with you to formulate the best possible defense for your situation. They will advise you on the best approach to take for your case based on their many years of experience. Contact us today for your free case evaluation. Your future and ability to drive are at stake; do not sit around waiting for your case to resolve itself.
