Drug Possession vs Drug Possession with Intent to Distribute

Under Georgia law, it is illegal to buy, possess, manufacture, or sell controlled substances. While violating these laws will often result in a felony drug charge, it is also true that some drug offenses are considered to be more serious than others. A drug possession charge, for instance, comes with less severe penalties than the more serious charge of possession with intent to distribute.

Drug Possession Charges in Cobb County 

To be charged with drug possession in Cobb County, a person must be accused of having a controlled substance in his or her possession for “personal use”. What qualifies as being enough for personal use, however, will depend on the type of drug in question. To result in a mere possession charge for a Schedule I or Schedule II narcotic drug, for instance, a person can’t be found in possession of more than four grams or milliliters of the controlled substance. When these amounts are exceeded, an individual could face charges of possession with intent to distribute. It’s also important to note that someone can be charged with drug possession even when the substance wasn’t found on his or her person, but was in that individual’s car or property. Fortunately, it is possible to refute such accusations by demonstrating that the police performed an unlawful search or that the vehicle or property in question wasn’t owned by the defendant.

Drug Possession with Intent to Distribute 

If someone is found in possession of a controlled substance in an amount that is deemed more than enough for personal use, then he or she could face charges of possession with intent to distribute. Again, whether someone is charged with this offense will depend on the amount found in his or her possession. If the amount seized is believed to be more than the recreational amount that a single person would use, then he or she could be charged with intent to distribute, but only if additional evidence is found, including:

• Large amounts of cash;
• Scales and other measuring devices;
• Plastic bags and other packaging materials; and
• Packaging in separate containers.

This type of evidence is considered proof that a person didn’t have a controlled substance in his or her possession for personal use, but was intending to sell or distribute it to others. Being able to refute this claim is one of the best ways to avoid an unfair conviction for possession with intent to distribute. Coming up with a strong defense to these kinds of accusations is important, as conviction will result in at least one year in prison and fines of $100,000 or more.

Call Today to Set Up a Free Consultation 

All drug charges should be taken seriously in Cobb County, which is notorious for its harsh sentencing laws. For help defending yourself against unfair drug charges, don’t hesitate to reach out to dedicated Cobb County drug possession lawyer Andrew L. Schwartz, P.C. today. We have the experience and resources necessary to help our clients build a strong defense. Call us at 678-853-2500 to get started on your case.

Sources: 

law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-30

clery.emory.edu/policies/penalties.html