A routine traffic stop off of I-75 in Metro Atlanta resulted in the seizure of what has been reported as tens of thousands of dollars worth of methamphetamine, marijuana, and heroin as well as the arrest of three people.
Police have reported that the three individuals were transporting the drugs from Atlanta to Tennessee. According to police, when they pulled the car over, they noticed a strong smell of marijuana inside the vehicle. One of the passengers attempted to run away with a bag of methamphetamine, but he was quickly detained.
All three are facing different charges including trafficking, possession, and obstruction of a law enforcement officer in Georgia.
As an Atlanta Criminal Defense Attorney, I will outline one of many different drug offenses in Georgia - possession of methamphetamine.
Possession of Methamphetamine in Georgia
The Georgia Code defines possession of methamphetamine in Georgia as:
It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. O.C.G.A. §16-13-30(a).
Methamphetamine is classified as a Schedule II controlled substance by Georgia's Controlled Substances Act. Schedule II includes methamphetamine, cocaine, crack, morphine, opium, and methadone.
Most people get confused by either what schedule a controlled substance falls under or about the idea of possession. In Georgia, possession can be actual or constructive. Actual possession is as simple as it sounds. However, constructive possession occurs when someone knowingly has the power and the intention at a given time to exercise control over the controlled substance.
In order for there to be a conviction, the prosecution will have to prove actual or constructive possession beyond a reasonable doubt. If convicted of possession of methamphetamine, then the penalty can include a prison sentence of five to thirty years. Possession of methamphetamine is a felony offense in Georgia.
Practice Note
Drug offenses are taken very seriously in Georgia. Felony offenses are not to be taken lightly - in fact, the consequences of being convicted of a felony offense can be detrimental in almost every area of a person's life.
There are alternatives including the hiring of an Atlanta Criminal Defense Lawyer. We can investigate your case and determine if there has been a wrongful accusation and which Georgia Criminal Defenses may apply.
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