Have You Been Charged with Possession of Drug Related Objects in Georgia?
Drug crimes are heavily punished in Georgia. However, some people are unaware that even if you do not have drugs on your person, you could still be guilty of a crime for possessing drug related objects. Being charged with possession of a drug related object is just as serious as being accused of drug possession.
O.C.G.A. §16-13-32.2
It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.
What is a Drug Related Object in Georgia?
Drug related object” means any instrument, device, or object which is designed or marketed as useful primarily for one or more of the following purposes:
- To inject, ingest, inhale, or otherwise introduce marijuana or a controlled substance into the human body;
- To enhance the effect of marijuana or a controlled substance on the human body;
- To test the strength, effectiveness, or purity of marijuana or a controlled substance;
- To process or prepare marijuana or a controlled substance for introduction into the human body;
- To conceal any quantity of marijuana or a controlled substance; or
- To contain or hold marijuana or a controlled substance while it is being introduced into the human body.
Some drug related objects include:
- Bongs
- Rolling papers
- Scales
- Drug packaging materials
- Pipes
“Knowing” means either actual or constructive knowledge of the drug related nature of the object; and a person or corporation has constructive knowledge of the drug related nature of the object if he or it has knowledge of facts which would put a reasonable and prudent person on notice of the drug related nature of the object.
Georgia's definition of drug related objects is expansive. The object could be equipment, machine, material, tool, instrument, or a device. Our possession of drug related objects in Georgia lawyers know how to make this comprehensive definition work in your favor!
Georgia Case Law
A man was convicted of possession of two crack pipe filters in Holloway v. State. Officers pulled over a van and found Holloway in the driver's seat. The officers searched the van and discovered two small steel wood pads that are commonly used as filters in crack cocaine smoking devices. Therefore, the Court found Holloway guilty of possession drug related objects. 297 Ga. App. 81, (2009).
The Penalty for Possession of Drug Related Objects in Georgia
Any person or corporation convicted of possession of drug related objects in Georgia will be guilty of a misdemeanor. Upon a second or subsequent conviction, the crime will be elevated to a felony. The punishment will be one to five years in prison and a fine ranging from $1,000 to $5,000.
Georgia Defenses if Charged with Possession of a Drug Related Object
There are always Georgia Criminal Defenses that apply to your case.
Lack of Possession: Possession of a drug related object requires that the person use or possess it with intent to use it. The possession can be actual or constructive possession. Therefore, any evidence supporting a lack of possession would be greatly beneficial in negating the charge.
Illegal Stop: Police officers must have reasonable suspicion in order to stop someone and pat them down on the street. If the officer did not have reasonable suspicion, then any evidence seized as a result of that stop will be inadmissible.
Lack of Intent to Use it for a Drug Related Purpose: A necessary element of possession of drug related objects in Georgia is that the accused had intent to use it for drug purposes. However, there are other reasons why a person may have a scale that are legal. Our Georgia possession of drug related objects attorneys understand there are legitimate reasons why you may have one of these objects.
There are many other defenses available to you, but they depend on the specifics of your case. We build a defense tailored to your case, not the other way around! Our possession of a drug related object lawyers in Georgia will investigate every shred of evidence related to your situation. We will interview witnesses, scour through police documents, and even visit the scene of the incident if required. We will do whatever it takes to help you achieve the best outcome in your case!
Contact Us
Just because you have been charged with a crime does not mean you are guilty! You have the right to prove your innocence, and our Georgia Possession of Drug Related Objects Attorneys can help! Lawson and Berry provides you with top rated and extremely experienced attorneys. We have over 50 combined years of experience who know how to make the law for you! Contact us immediately for a free case evaluation.
