Reports out of North Georgia reveal that four people have been charged in what appears to be a drug raid in Alpharetta.
Police raided a home that was suspected to be a “drug hub.” Heroin, meth, and prescription pills were allegedly discovered in the home. As a Georgia Criminal Defense Lawyer, I will go over possession of schedule I and II drugs with the intent to distribute in today's post.
Possession of Schedule I or Schedule II Drugs with Intent to Distribute in Georgia
Possession of Schedule I or Schedule II Drugs with Intent to Distribute in Georgia is defined by the Georgia Code in O.C.G.A. §16-13-310 as:
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 II drug with intent to distribute.
In order to be convicted, 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 possessed the substance.
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 drugs 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 drugs that goes beyond mere spatial proximity.
The penalty for a conviction of this crime 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. 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.
If you or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Attorney now.