Have You Been Charged with Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substances in Georgia?
Drugs and narcotics that are illegal or only legal to possess with a lawful prescription are called controlled substances. These are classified into five schedules. It is also a crime to represent a noncontrolled substance as a controlled substance and attempt to manufacture, deliver, distribute, or possess with intent to distribute the substance. If you or a loved one have been charged with Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance in Georgia, you need experienced representation. We have over 50 combined years of criminal defense experience and here to help you defend against any drug charges. Call today to schedule a free case evaluation.
Georgia Law on Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance
O.C.G.A. § 16-13-30.1 reads as follows:
It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either:
(A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance;
(B) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; or
(C) The express or implied representation that the substance has essentially the same pharmacological action or effect as a controlled substance.
What does Implied Representation Mean in Georgia?
An implied representation may be shown by proof of any two of the following:
(1) The manufacture, delivery, distribution, dispensing, or sale included an exchange or a demand for money or other valuable property as consideration for delivery of the substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance;
(2) The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance;
(3) The finished product bears an imprint, identifying mark, number, or device which is substantially identical to the trademark, identifying mark, imprint, number, or device of a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services. O.C.G.A. §16-13-30.1(b)
Georgia Case Law
In the case of Billups v. State, Billups was convicted of selling a noncontrolled substance as a controlled substance. The facts show that an undercover officer purchased a white powdery substance from Billups. The officer went back the next day and bought a small rock looking substance from Billups. He was subsequently arrested . Billups argued that there was a lack of evidence proving that he impliedly represented the substance was cocaine. However, the Court found that the sale price of the substance was similar to the price of cocaine and the appearance was substantially identical that even the undercover agent thought it was cocaine. Therefore, he was convicted of selling noncontrolled substances upon implied representation that it was a controlled substance. 206 Ga. App. 91, (1992).
The Penalty for Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance in Georgia
A person convicted of O.C.G.A. § 16-13-30.1 will be guilty of a felony and will face up to ten years in prison, a maximum fine of $25,000, or both. Having a felony conviction on your record can also make it difficult to obtain housing, employment, or receive credit.
However, all drug possession cases will result in a mandatory suspension of your driver's license. If this is the first offense, then the suspension will last for a minimum of six months. If this is the second offense, the penalty is one-year suspension and a third or subsequent offense results in a minimum two-year suspension.
Georgia Defenses to Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance
The police used an illegal stop: One defense available to you that your unlawful manufacture, delivery, distribution, possession, or sale of noncontrolled substance lawyers in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the drugs. 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.
Innocence: Witness testimony or an alibi can be used to help prove your innocence. If you have any of these things, contact one of our Georgia Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance Lawyers so they can help you try to get the charges dropped.
What are not Defenses
It belongs to someone else: Even if the substance does not directly belong to you, if caught in possession of it, you could be found guilty.
I thought it was a controlled substance: The statute outlines that it is no defense if the defendant though the noncontrolled substance was, in fact, a controlled substance. O.C.G.A. § 16-13-30.1(e)
Georgia Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance Lawyers will help you understand your options and will assist you with your case. To schedule a free consultation with Attorney Richard Lawson, Kimberly Berry or their team of Georgia Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance Attorneys, contact our offices today. Our Attorneys are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. Every drug possession 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 your free case evaluation. Your future and ability to drive are at stake; do not sit around waiting for your case to resolve itself.