What are the Penalties for Possession of a Controlled Substance with Intent to Distribute in Cobb County, Georgia?

While all drug charges should be taken seriously, certain offenses, including possession with intent to distribute a controlled substance, come with more significant penalties. Those accused of possessing a Schedule I or II controlled substance, for instance, could face up to 30 years imprisonment for a first time offense.

Controlled Substance Classifications 

In Cobb County, it is illegal to possess controlled substances, which are classified into five different groups, or schedules, including:

• Schedule I substances, such as ecstasy, and LSD;
• Schedule II substances, such as cocaine, opium, and methamphetamine;
• Schedule III drugs, like steroids;
• Schedule IV substances, such as Xanax and Valium; and
• Schedule V substances, which include prescription medications.

The most serious penalties for drug possession-related offenses apply in cases involving Schedule I and II substances, which are deemed the most addictive and dangerous. Possession of Schedule III, IV, or V substances, on the other hand, come with a less severe potential sentence.

Penalties for Possession with Intent to Distribute 

The kinds of penalties that a defendant can expect to face will also depend on whether he or she is charged with possession of a controlled substance or possession with intent to distribute a controlled substance. The penalties for the latter tend to be much more severe, so it’s important for those who have been accused of such an offense to put up a strong defense. Possession with intent to distribute is a felony offense in Cobb County, so those who are convicted could end up spending between five and 30 years in prison for a first time offense and between ten and 40 years for a second offense. However, if a person is arrested and charged with possession with intent to distribute while within 1,000 feet of a school, park, housing project, or drug-free zone, he or she could face up to 20 years in prison and a $20,000 fine. Possession of Schedule III, IV, or V substances is punished less severely, with imprisonment of between one and five years for a first time offense and up to ten years for a second offense.

Defenses to Possession with Intent to Distribute 

To convict someone of this crime, prosecutors must prove not only that a person was in possession of the illegal substance, but also that he or she intended to distribute that substance. The latter requires evidence of sale, such as baggies, scales, transportation materials, or even large amounts of cash. To counter such evidence and avoid a conviction, defendants can raise a number of defenses, including that:

• They did not intend to distribute the drugs, but were using them for personal consumption;
• They are the victim of mistaken identity;
• The police conducted an illegal search or seizure; or
• The amount seized wasn’t enough to distribute.

There are also ways to have one’s charges reduced or dismissed. There are, for instance, diversion programs available to those who are facing their first criminal prosecutions. These programs are similar to probation in that they require participants to satisfy certain conditions in exchange for the dismissal of their charges.

Set Up a Free Case Review Today 

If you or a loved one were charged with possession of a controlled substance with intent to distribute, you could be facing significant penalties. To start working on your own defense with an experienced Cobb County drug possession attorney, please call Andrew L. Schwartz, P.C. at 678-853-2500 today.

Sources: 

clery.emory.edu/policies/penalties.html#:~:text

law.justia.com/codes/georgia/2022/title-16/chapter-13/article-2/part-1/section-16-13-30/