According to reports out of Monroe County, a former deputy has been arrested on felony drug charges.
No details have been released so far as what kind of narcotics he was accused of possessing and intending to distribute, however, as a Georgia Criminal Defense Lawyer, I will outline the law behind possession of schedule I or II drugs with intent to distribute in Georgia.
Possession of Schedule I or II Controlled Substances with Intent to Distribute in Georgia
Drugs are categorized in the Controlled Substances Act in Georgia. Schedule I drugs are considered the most addictive and have no medical use. Schedule II drugs are less addictive but are still heavily abused. Under O.C.G.A. § 16-13-310(a), Georgia makes it illegal to possess Schedule I and Schedule II drugs. However, section (b) states, it shall be unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell or possess with intent to distribute any controlled substance.
Therefore, the penalties vary based on whether the accused is charged with possessing a Schedule I drug or possessing a Schedule I drug with intent to distribute.
The penalty for being charged with possession of Schedule I or Schedule II drugs with intent to distribute in Georgia is a prison term of five to thirty years and is classified as a felony. However, a second or subsequent offense will face a penalty of prison for ten to forty years or possibly life in prison. O.C.G.A. §16-13-30(d). The consequences for being convicted of a felony can be detrimental. It can cause difficulty in obtaining a job or getting credit in the future.
However, possession with intent to distribute within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. In any of those situations, the penalty will be a felony punishable by up to twenty years in prison and/or a fine up to $20,000 for the first offense. For a second or subsequent offense, the penalty increases to a minimum of five years in prison but no more than forty years and/or a fine up to $40,000.
Call our offices now if you or a loved one has been arrested, call us now.