Atlanta, Ga. - The U.S. Drug Enforcement Administration teamed with the local authorities were able to seize over $8 million worth of heroin and cocaine in Southwest Atlanta this past week.
Even though the bust occurred within Fulton County, the drugs were seized by federal authorities and therefore, the suspects involved will be facing federal drug charges. However, there are equivalent charges at the state level here in Georgia as well. As a Fulton County Criminal Defense Lawyer, I will outline how heroin is classified in the state of Georgia as well as some of the applicable laws.
Heroin Laws in Georgia
Heroin is classified as a Schedule I Drug in the state of Georgia. Schedule I Drugs are the most serious classification of controlled substances. Each one is considered highly addictive and has no medical use. The list of substances can be found in O.C.G.A. §16-13-25. Some of the more commonly known drugs that are deemed Schedule 1 drugs include:
- Codeine methylbromide
Possession of heroin in Georgia is defined in O.C.G.A. §16-13-30(a) as:
It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
When dealing with drug-related offenses, the State must prove that you possessed the drug. There are two types of possession: actual and constructive. Actual possession occurs when the substance is found on your person like in your pocket or your purse. Constructive possession most commonly happens when the drugs are found in your home, vehicle, or at your business.
A conviction for possessing a Schedule I 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 been accused of any of the numerous Drug Offenses in Georgia. We can determine what defenses apply to your case now.