Woodstock, Ga. - Officers in Woodstock arrested a local doctor after he allegedly approached them and appeared to be under the influence of narcotics.
His appearance led to a search of his person as well as his vehicle. Officers found over sixteen grams of fentanyl, ten vials of ketamine, dozens of oxycodone pills, and two containers of what was described as THC wax. He was taken to Kennestone Hospital for an exam and was then transported to the Cherokee County Adult Detention Center. He is facing numerous trafficking charges.
As a Georgia Criminal Defense Lawyer, I will focus on the offense of fentanyl trafficking in the state of Georgia. Georgia organizes different types of drugs in the Controlled Substances Act. Fentanyl is defined as a Schedule II narcotic. For the law regarding Schedule II possession, see below.
Possession of a Schedule II Drug
Schedule II Drugs are less addictive than Schedule I but are still highly abused. People that use Schedule II drugs are generally at risk for psychological or physical dependency. The list of substances classified as Schedule II Drugs can be found in O.C.G.A. §16-13-26. Some of the more commonly known drugs that are deemed Schedule II drugs include:
O.C.G.A. §16-13-30(a) defines possession of a schedule II drug in Georgia as:
It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
A conviction for possessing a Schedule II drug in Georgia will be treated as a felony conviction. However, the punishment ranges depending on the amount of the drug.
If the weight of the mixture is less than one gram of a solid or one milliliter of a liquid substance, then the punishment will be a prison term between one and three years. If the mixture is at least one gram but less than four grams, then the penalty is a prison term between one and eight years. If the weight is between four grams and twenty-eight grams, then the prison term can be between one and fifteen years.
Call our offices today if you or a loved one has been arrested in the state of Georgia.
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