According to news reports, Christopher Ashby and another man were allegedly smoking methamphetamine at a mobile home when officers in Rockdale County showed up. Ashby has been accused of initiating a struggle between one of the officers and himself.
Ashby is facing charges of:
As well as a charge for attempting to remove a police officer's weapon. In today's post, I will focus on the crime of possession of methamphetamine in today's post.
Methamphetamine in Georgia
Methamphetamine is a Schedule II controlled substances in the state of Georgia, which also includes crack cocaine, morphine, opium, and methadone.
According to O.C.G.A. §16-13-30:
It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
In order to convict someone of possession of meth in Georgia, the prosecution must demonstrate that the accused person is guilty beyond a reasonable doubt. It is unlawful for any person to possess a controlled substance in Georgia and therefore, the State must show that the accused person actually possessed methamphetamine.
Possession can be actual or constructive. If someone is not in actual possession, then a person who knowingly has both the power and the intention at a given time to exercise dominion or control over the methamphetamine will be deemed to be in constructive possession of it. To prove constructive possession, the State must establish a link between the suspect and the methamphetamine that goes beyond mere spatial proximity.
The penalty for being convicted with possession of methamphetamine for a first time is a prison term of five to thirty years. A second or subsequent offense will face a penalty of prison for ten to forty years or possibly life in prison.
Drug Offenses in Georgia are taken very seriously. The Georgia Bureau of Investigation has reported that there have been discoveries of methamphetamine labs in each one of the 159 counties in this state. There were over 18,000 methamphetamine seizures in Georgia last year.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.