Have You Been Charged with Possession, Sale, or Transfer of Kratom to a Person Under 18 Years of Age in Georgia?
Most people are familiar with drugs such as cocaine, methamphetamines, and ecstasy, but a newer drug on the market is called kratom. Kratom is a tropical plant from Southeast Asia, and the Kratom Consumer Protection Act regulates its use. It is legal in Georgia but only for people over the age of 18. Anyone found in possession of kratom under 18 years of age or selling kratom to someone under 18 will be guilty of a misdemeanor. If you or a loved one has been charged with a kratom related crime, contact our Georgia Kratom Lawyers today.
O.C.G.A. § 16-13-121
No person shall sell or transfer possession of kratom to another person under 18 years of age, nor shall any person under 18 years of age possess kratom.
Penalty for Possession, Sale or Transfer of Kratom to a Person Under 18 in Georgia
A person who is convicted of possession, sale, or transfer of kratom to someone under the age of 18 shall be guilty of a misdemeanor. While misdemeanor charges are less severe than felony charges, they still come with significant consequences. In Georgia, the punishment for a misdemeanor conviction can include a fine up to $1,000, up to one year in jail, or both. It will also go on your criminal history, which could affect college scholarships and future jobs.
Do not make the mistake of pleading guilty and accepting the consequences. Our Georgia Kratom Attorneys want to help protect your future! Call now and see how we can assist with your case.
Defenses to a Kratom Charge in Georgia
I did not know that I possessed kratom (also known as unwitting possession): An example of this is if a friend asked you to drop off a package to another friend. You had no reason to suspect that kratom was in the package, and you were caught speeding, and they discovered the kratom. Your Georgia Possession of Kratom Lawyer could use this evidence to prove that you did not intend to possess kratom and help get the charge dismissed.
The police used an illegal stop: One defense available to you that your kratom attorney in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the kratom. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that happens, your case will be dismissed based on a lack of evidence.
The person was over 18 years of age: If the person you sold the kratom to was over 18 years of age, then no crime has occurred. Evidence, such as a driver's license or birth certificate, would help show that the person was over 18 at the time of the sale.
Our Georgia Possession, Sale or Transfer of Kratom Lawyers will help you understand your options and will assist you with your case. Every case is unique, and our Attorneys will work with you to formulate the best possible defense for your situation. They will advise you on the best approach to take for your case based on their many years of experience. Contact us today for a free case evaluation.