Spectator Attempts to Sneak Heroin into Braves Game

According to reports out of Cobb County, security officers at SunTrust Park discovered eleven syringes and a gram of heroin in a man's backpack as he was trying to get into the game.

As a Georgia Criminal Defense Lawyer, I will outline the criminal offense of possessing heroin in today's post.

Possession of Heroin 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:

• Benzethidine
• Codeine methylbromide
• Ecstasy
• Heroin
• LSD
• Morphine

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.

Practice Note

Georgia Drug Offenses are taken quite seriously. There are numerous types of drug crimes in Georgia. Some of them have subtle distinctions between each of them while others are significantly different. The punishment for a drug crime conviction ranges from a simple misdemeanor to twenty years in prison.

If you or a loved one has been arrested for a drug related crime, contact a Georgia Criminal Defense Attorney now.