Can a drug possession charge be dismissed in Georgia?

Yes. Charges are routinely reduced or dismissed when the search violated the Fourth Amendment, the chain of custody is broken, the lab analysis is unreliable, or the State cannot prove knowing possession. A motion to suppress that wins often ends the case.

Should I talk to police if I'm arrested for drugs in Georgia?

No. Politely state that you are exercising your right to remain silent and that you want a lawyer, then stop talking. Anything you say can be used to prove knowing possession. Call a criminal defense attorney before answering questions.

Georgia Drug Possession Lawyers | Atlanta Drug Crime Defense Attorneys | Morrison & Hughes

Georgia Drug Possession Defense Attorneys

Georgia Drug Possession Lawyers

Q: Is drug possession a felony in Georgia?

It depends on the substance and amount. Possession of Schedule I or narcotic Schedule II drugs is a felony under O.C.G.A. § 16-13-30(c), generally carrying 2 to 15 years. Possession of less than one ounce of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b); more than one ounce is a felony under § 16-13-30(j).

Q: What is conditional discharge and first-offender treatment in Georgia?

Conditional discharge under O.C.G.A. § 16-13-2 lets eligible first-time possession defendants complete probation and have the charge dismissed with no conviction. The First Offender Act, O.C.G.A. § 42-8-60, allows the court to withhold a conviction so that successful completion leaves no criminal record of the charge.

We Don't Back Down.

A drug charge is not a conviction. You are presumed innocent — and the State must prove knowing possession beyond a reasonable doubt. From the first phone call, Morrison & Hughes attacks the stop, the search, the lab, and the chain of custody to protect your record, your freedom, and your future across Georgia.

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U.S. Drug Arrests

2019 — largest single offense category (FBI UCR)

Were for Possession

Not sale or manufacture (FBI UCR)

Marijuana Possession

Share of all drug arrests, 2022 (FBI UCR)

0 yrs

Max for Schedule I/II

First-offense possession (O.C.G.A. § 16-13-30)

Defending People Charged With Drug Crimes Across Georgia

An Arrest Is Not Proof. We Make the State Prove It.

A drug possession charge can follow you for the rest of your life — costing you a job, a professional license, financial aid, housing, even custody of your children. But a charge is not a conviction. The Constitution puts the burden on the State, and that burden is heavy.

Morrison & Hughes defends people accused of misdemeanor and felony drug offenses throughout Georgia — from Atlanta and the metro counties to LaGrange. We dissect how the drugs were found, who actually controlled them, whether the search was lawful, and whether the crime lab can stand behind its analysis. We hold the State to its burden and prepare every case as though it will be tried before a jury, because that is how charges get suppressed, reduced, and dismissed.

Every conversation is confidential and protected. There is no judgment here — only a defense team that does not back down.

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Defense attorney reviewing case documents with a client across a desk

The Numbers Behind Drug Prosecutions

Drug Arrest Statistics in Georgia & the U.S.

The data below come from the FBI's Uniform Crime Reporting (UCR) Program and the Georgia Bureau of Investigation (GBI). They show how aggressively possession is prosecuted — and why early, aggressive defense matters.

U.S. Drug Arrests by Year

Estimated annual drug-abuse-violation arrests, in millions

Source: FBI Uniform Crime Reporting (UCR) Program, annual Crime in the United States arrest tables.

Possession vs. Sale / Manufacture

Share of U.S. drug arrests by type of offense

Source: FBI UCR — roughly 85% of drug arrests are for possession, not sale or manufacture.

Drug Arrests by Substance

Approximate share of U.S. drug arrests, by drug type

Source: FBI UCR — marijuana possession is the single largest category (~27% in 2022).

GBI Crime Lab Drug Submissions

Most-tested substances in Georgia lab cases

Source: Georgia Bureau of Investigation Crime Lab drug-trends data — methamphetamine, cocaine and prescription substances lead submissions.

What You're Facing

Georgia Drug Possession Penalties — by Schedule & Amount

Georgia classifies controlled substances into five schedules (O.C.G.A. §§ 16-13-25 through 16-13-29). The penalty depends on the drug's schedule, the amount, and your record. These are the ranges set by statute — an aggressive defense fights to keep you well below them, or out of the conviction entirely.

Felony · 2–15 yrs

Schedule I & Narcotic Schedule II

Heroin, LSD, ecstasy, methamphetamine, cocaine, oxycodone and similar drugs. First-offense possession is a felony punishable by 2 to 15 years; a second offense, 5 to 30 years (O.C.G.A. § 16-13-30(c)).

Felony · 1–varies

Schedule III, IV & V

Many prescription drugs, anabolic steroids and codeine compounds. Possession is a felony with graduated terms (commonly 1–5, 1–10, or up to 15+ years) depending on the schedule and prior record (O.C.G.A. § 16-13-30(c)).

Misdemeanor

Marijuana — Less Than 1 Ounce

Possession of less than one ounce of marijuana is a misdemeanor: up to 12 months in jail and/or a fine up to $1,000 (O.C.G.A. § 16-13-2(b)). A conviction still creates a permanent record.

Felony · 1–10 yrs

Marijuana — More Than 1 Ounce

Possession of more than one ounce of marijuana is a felony punishable by 1 to 10 years in prison (O.C.G.A. § 16-13-30(j)). Quantity and packaging often drive an upgrade to intent-to-distribute.

Felony · 5–30 yrs

Possession With Intent to Distribute (PWID)

Scales, baggies, cash, text messages or quantity can turn simple possession into intent to distribute. For Schedule I/II, PWID is punishable by 5 to 30 years (O.C.G.A. § 16-13-30(d)). We fight the leap from possession to "intent."

Felony · up to 20 yrs

Drugs In or Near a School

Distributing or possessing with intent to distribute within 1,000 feet of a school carries up to 20 years and a $20,000 fine on a first conviction, with stiffer minimums after (O.C.G.A. § 16-13-32.4).

How We Fight Back

Defenses to a Georgia Drug Possession Charge

Possession cases are won on details — the stop, the search, the science, and the question of who actually controlled the drugs. We pursue every one of them.

Unlawful Search & Seizure

The Fourth Amendment bars searches without a warrant, consent, or a recognized exception. If the stop, frisk, vehicle search, or home search was illegal, we move to suppress the drugs — and without the evidence, the case often collapses.

No Knowing Possession

The State must prove you knowingly possessed the substance. Drugs found in a shared car, a roommate's apartment, or someone else's bag raise serious questions of "equal access" and constructive possession that we exploit.

Broken Chain of Custody

Every transfer of the evidence — from arrest to evidence locker to crime lab — must be documented. Gaps, mislabeling, or contamination can make the substance inadmissible.

Unreliable Lab Analysis

Field tests produce false positives. Lab backlogs, calibration errors, and analyst mistakes happen. We demand the lab's data, retain our own experts, and challenge whether the State can even prove the substance was illegal.

Miranda & Statement Violations

If officers interrogated you in custody without Miranda warnings, or ignored your request for counsel, we move to exclude your statements — often the State's best evidence of "knowledge."

Diversion, Conditional Discharge & First Offender

For eligible clients we pursue drug-court diversion, conditional discharge under O.C.G.A. § 16-13-2, or First Offender treatment under O.C.G.A. § 42-8-60 — paths that can end in dismissal and no conviction on your record.

Georgia Controlled Substances Law

The Statutes That Govern Your Case

Georgia drug crimes are prosecuted under the Georgia Controlled Substances Act. Knowing exactly which statute applies — and its limits — is the first step in dismantling the State's case.

O.C.G.A. § 16-13-30

Possession of Controlled Substances

The core possession statute. Possession of Schedule I or narcotic Schedule II substances is a felony (2–15 years first offense; 5–30 years for a subsequent offense). Possession with intent to distribute carries 5–30 years for Schedule I/II.

O.C.G.A. §§ 16-13-25 to 16-13-29

The Drug Schedules (I–V)

These sections list every controlled substance and assign it to Schedules I through V. The schedule a drug falls in — and any change in scheduling — directly determines the felony class and sentence you face.

O.C.G.A. § 16-13-2 & § 16-13-30(j)

Marijuana Possession

Less than one ounce is a misdemeanor (up to 12 months and/or a $1,000 fine). More than one ounce is a felony punishable by 1–10 years. Section 16-13-2 also authorizes conditional discharge for eligible first offenders.

O.C.G.A. § 16-13-32.4

Drug-Free School Zones

Possessing with intent to distribute, or distributing, within 1,000 feet of a school is punished by up to 20 years and a $20,000 fine on a first conviction — with a limited affirmative defense for conduct inside a private residence.

O.C.G.A. § 16-13-2 (Conditional Discharge) & § 42-8-60 (First Offender)

Diversion & Avoiding a Conviction

Conditional discharge lets eligible first-time possession defendants complete probation and have the charge dismissed without a conviction. The First Offender Act lets a court withhold adjudication so a successfully completed case leaves no criminal conviction on your record.

O.C.G.A. § 17-3-1 (Statute of Limitations)

Time Limits to Prosecute

Georgia generally must commence prosecution of felonies within four years and misdemeanors within two years (O.C.G.A. § 17-3-1), subject to exceptions. We examine charging dates and tolling closely — timing can be a defense.

Statutory ranges are summaries of Georgia law and vary by the specific substance, amount, prior record, and the facts of each case. This is general information, not legal advice for your situation.

More Than a Sentence

The Hidden Cost of a Drug Conviction

Even a "minor" possession conviction can follow you long after any jail time or probation ends. Protecting your record is just as important as protecting your freedom.

A permanent criminal record that shows up on background checks
Loss or suspension of professional and occupational licenses
Driver's license suspension (even for non-driving drug offenses)
Ineligibility for federal student financial aid
Loss of public housing and certain government benefits
Immigration consequences, including deportation for non-citizens
Difficulty finding employment and housing
Loss of firearm rights for felony convictions
Impact on child custody and family-court matters
Stigma that affects every part of your life

Confidential Case Review

Request a Confidential Case Review

Tell us what you're facing. Your message goes straight to our defense team and is protected and confidential. A Morrison & Hughes attorney will reach out promptly — no judgment, no obligation. If your situation is urgent, call 404-LAW-TEAM now.

Encrypted & confidential. Submitting this form does not create an attorney-client relationship.

First Name

Last Name

Phone

Type of Drug Charge

Your Charge(s)

In which county were you charged?

What happened? (Confidential)

Please enter your name, a valid phone number, and a valid email so we can reach you.

Your message has been received.

Thank you for trusting Morrison & Hughes. Your information is confidential. A criminal defense attorney will review what you've shared and contact you promptly to discuss your options.

Need to talk now? Call 404-LAW-TEAM — we're available 24/7 after an arrest. Until you speak with us, exercise your right to remain silent.

Answers to Common Questions

Georgia Drug Possession FAQ

Is drug possession a felony in Georgia?

It depends on the substance and the amount. Possession of Schedule I drugs and narcotic Schedule II drugs is a felony under O.C.G.A. § 16-13-30(c), generally carrying 2 to 15 years on a first offense. Possession of less than one ounce of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b), but possession of more than one ounce is a felony under § 16-13-30(j).

Can a drug possession charge be dismissed or reduced?

Yes. Possession charges are routinely reduced or dismissed when the search violated the Fourth Amendment, when the chain of custody is broken, when the lab analysis is unreliable, or when the State cannot prove you knowingly possessed the drugs. A successful motion to suppress the evidence frequently ends the case entirely.

What are conditional discharge and First Offender treatment?

Conditional discharge under O.C.G.A. § 16-13-2 allows eligible first-time possession defendants to complete probation and have the charge dismissed with no conviction. The First Offender Act, O.C.G.A. § 42-8-60, lets the court withhold a conviction so that successful completion of your sentence leaves no criminal record of the charge. We determine your eligibility and fight to get you into the right program.

What happens if I'm caught with drugs near a school?

Under O.C.G.A. § 16-13-32.4, possessing a controlled substance with intent to distribute — or distributing one — within 1,000 feet of a school is punished by up to 20 years and a $20,000 fine on a first conviction, with steeper minimums on a second offense. There is a narrow affirmative defense for conduct that took place entirely inside a private residence with no minor present and no financial gain.

The drugs weren't mine. Can I still be convicted?

The State must prove you knowingly possessed the substance — and possession can be "actual" (on your person) or "constructive" (within your control). When drugs are found in a shared car, home, or bag, Georgia's "equal access" rule and the requirement of knowing control give us strong arguments that the drugs were not yours and that the State cannot prove otherwise.

Should I talk to the police if I'm arrested for drugs?

No. Politely tell officers you are exercising your right to remain silent and that you want a lawyer, then stop talking. Do not consent to a search. Anything you say can be used to prove you knew the drugs were there. Call a criminal defense attorney before answering any questions.

How long does the State have to charge me?

Under O.C.G.A. § 17-3-1, prosecution of most felonies must begin within four years and most misdemeanors within two years, subject to exceptions that can pause (toll) the clock. We review the charging dates carefully — in some cases the statute of limitations is itself a defense.

From the Morrison & Hughes Blog

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