Possession of Methamphetamine in Cobb County
Possession of methamphetamine is a serious crime in Georgia, where a person could be charged with a felony, even for a first time offense. In fact, those in possession of more than 28 grams can expect their charges to be elevated to a trafficking offense, which comes with even more severe penalties. Because these kinds of crimes are punished so severely, those who are accused of drug possession should be sure to reach out to an experienced attorney for help building a strong defense.
Methamphetamine is a Schedule II Substance
In Georgia, methamphetamine is categorized as a Schedule II controlled substance, along with cocaine, morphine, opium, and methadone. Under state law, it is illegal to purchase, possess, or even have any of these substances under one’s control. To be found guilty of possession, prosecutors must be able to prove that a person was in actual or constructive possession of methamphetamine. To be actual, a person must be found with the substance in question on his or her person. Otherwise, prosecutors will need to establish constructive possession, which means that the accused had the power and the intention to exercise control over the substance. Being near the drug is not usually enough to satisfy this burden. For instance, the state will need stronger evidence of intent, like actual possession of drug paraphernalia, as well as constructive possession.
Penalties for Conviction
When prosecutors are able to establish that a person was in actual or constructive possession of 28 or fewer grams of methamphetamine (beyond a reasonable doubt), then the accused could face between one and 15 years in prison. The exact prison sentence will depend at least partially on the amount of the substance in question. When the amount exceeds 28 grams, then a possession charge will be aggravated to a trafficking offense, which comes with even heftier penalties. Besides the amount, courts will also take prior convictions into account during sentencing. For instance, a second or subsequent possession of methamphetamine offense is punishable by up to 30 years imprisonment.
Possible Defenses to Possession Charges
To avoid being convicted of possession of methamphetamine, defendants can argue lack of possession, mistaken identity, entrapment, or an illegal stop or seizure. Besides these strong defenses, those who are accused of first time drug possession offenses often qualify for special programs that, when completed, allow a person’s charges to be dismissed. Completion of these programs typically requires drug counseling and testing, community service hours, attending educational courses, and reporting to a probation officer. For help determining whether you are eligible for such a program, please reach out to our legal team today.
Are You Facing Methamphetamine Possession Charges in Cobb County?
Drug possession offenses are taken seriously in Georgia, so it’s important for those who have been accused of such a crime to work with an experienced lawyer, who can help them build a strong defense. To learn more, please call dedicated Cobb County drug possession lawyer Andrew L. Schwartz, P.C. at 678-853-2500 today. You can also set up a meeting by reaching out to our support staff via online message.
Sources:
augustachronicle.com/news/20180717/methamphetamine-remains-top-drug-in-georgia
law.justia.com/codes/georgia/2022/title-16/chapter-13/article-2/part-1/section-16-13-30/
