Depending on the classification of the drugs and many other factors, the accused may be facing prison time ranging from one year to 40 years and thousands of dollars in fines. If you are facing any type of drug charges in Georgia, we can help. 1000 kilogram or more of marijuana (or 1,000 or more plants) Conspiracy to distribute a controlled substance and conspiracy to possess with intent to distribute cases arise when multiple people are engaged in the possession of drugs. THIS IS AN ADVERTISEMENT. Depending on the type of drug and amount of drugs, you could be facing a mandatory minimum sentence. Domestic Violence Attorney Gwinnett County, Traffic Violation Attorney Gwinnett County, White Collar Crime Attorney Gwinnett County, Possession of a Controlled Substance (O.C.G.A. The threshold weight for possession with intent to distribute cocaine charges is one gram: (4) possession of more than: one gram of cocaine. First offense simple possession of methamphetamine carries a potential sentence of 0-2 years in prison. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 for subsequent convictions. Possession with intent to distribute MDMA in SC carries a potential sentence of up to five years on a first offense (as opposed to 15 for Schedule I narcotic drugs), up to ten years for a second offense, or 5-20 years for a third offense, and is covered by SC Code Section 44-53-370(b)(2): Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. You can be charged with trafficking if you bring enough of a controlled substance into the State of Georgia from another state or country. But where cocaine, crack cocaine, and methamphetamines have a threshold weight of more than one gram, you can be charged with possession with intent to distribute heroin if you are found with more than two grains of heroin. To be charged with possession of marijuana police dont actually have to find it on you (for instance, in your pockets or purse). Intent to distribute cases also vary in severity within themselves based on the drug schedule categorization outlined in the drug crimes page. If you are charged with Possession with Intent to Also, we may be able to work a deal including the defendant completing drug treatment or some other rehabilitative program. This is just one example of how difficult it is to wade through the laws surrounding trafficking in a controlled substance. However, if youre convicted of moving 10 pounds of fentanyl through Louisiana, the judge would sentence you between 5-40 years hard labor. Charge by PRO: Probation violation (when probation term) (O/C . Simple possession can be actual, joint, and/or constructive possession. This charge is classified as intent, not just possession. Whether you were charged with a state or federal marijuana distribution crime, a qualified marijuana attorney who specializes in this complex area of law can help you. Manufacture; distribution. This is why its imperative to hire a qualified defense attorney that has a dedicated practice to the defense of marijuana distribution. Constructive possession on the other hand means the offender is not in physical possession but knowingly possesses the drugs at a particular place, like in the center console of a car. The possession of any amount of the drug is charged as a felony and can result in up to 15 years in prison for the first offense. 16-13-30), Possession with Intent to Distribute a Controlled Substance (O.C.G.A. In most cases, the prosecutors rely on the officers testimony to establish the offenders PWID. PWID heroin attracts similar penalties to PWID cocaine and methamphetamine. So, they will send the informant in with a wire and audio to make a controlled buy. . Universal . Police will usually charge PWID, instead of simple possession, if a person is found with more than 15 ecstasy pills. Good legal representation can be critical with a serious felony charge such as this. Possession with Intent to Distribute cases often are won by filing a Motion to (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. But, generally, a solid intent case will include one or more of these aspects. Sentences for possession generally allow for probation as long as the quantity is low and the defendants criminal record isnt too bad. David is an awesome defense attorney! 13-1105 and 21 Okla. Stat. The sentences for drug manufacturing also depend on who was implicated in possession with the intent to distribute illegal drugs or controlled substances. If you are charged and convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any controlled substance you will face the following potential sentences: Although Flunitrazepan (also known as Rohypnol, the date rape drug) is a Schedule IV substance, it is a drug taken VERY seriously by the State of Georgia. Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. In the State of Georgia, drug laws are notoriously strict in comparison to many other states. If the defendant possessed 200 grams of cocaine, this would be considered an intent to distribute amount. Many times, confidential informants will tip off the police that the defendant had a stash that he was in possession with intent to sell. Possession of a Controlled Substance in Georgia. If you are charged with PWID heroin based on weight, the charges can be reduced to simple possession either by the prosecutor or by a jury at trial. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. possession with intent to distribute first offense georgia. Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. Possession of more than one gram of cocaine result in: PWID methamphetamine carries similar potential penalties and threshold weight as powder cocaine or crack cocaine. Generally speaking, there will need to be some evidence of selling or distributing. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 16-13-30) . I have and will continue to recommend him as the man to go to for legal counsel. Possession with intent to distribute methamphetamine carries the same potential penalties and has the same threshold weight (one gram) as PWID powder cocaine or crack cocaine, and the penalties are found in SC Code Section 44-53-375. Marijuana Possession With Intent to Distribute | Georgia Criminal Lawyers. 841. It is illegal to have possession of a controlled substance with intent to distribute if you do not have a valid prescription from a doctor. How you are charged and what kind of sentence you are facing largely depends on what kind of drugs you had in your possession. First and foremost, you have rights and are innocent until proven guilty. Our drug defense attorneys know how to use Georgia drug trafficking laws to argue down drug trafficking criminal charges and work hard to reduce our clients' criminal charges while fighting for a dismissal of all charges. AKRON - A federal jury on Wednesday, Nov. 9, 2022, convicted James Dailey, 34, of Cleveland, Ohio, of possession with intent to distribute methamphetamine, as well as possession of other controlled substances. Its basically the same as a simple possession charge, with the added element of intent to distribute if police can show that you intended to distribute the drugs, then you receive the same potential punishment as if you had sold the drugs. Primarily ______ states have several courts of appeal. We have In fact, they are all considered the same intent to distribute charge. Therefore, in this case, no other facts are required to show the defendant had possession with intent to deliver. Because marijuana is in Schedule I but it is a non-narcotic drug, PWID marijuana is covered by SC Code Section 44-53-370(b)(2), and can carry a potential sentence of up to five years for a first offense, ten years for a second offense, or a mandatory minimum sentence of five years up to twenty years in prison for a third offense: (2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. In this case, multiple individuals in that particular car can be charged because they are believed to have the ability to control the possession or are involved directly or indirectly in the same. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. MDMA (Methylenedioxymethamphetamine, ecstasy, or Molly) is a Schedule I drug like heroin or fentanyl, but the penalties are not as severe because it is a non-narcotic Schedule I drug. Screen Printing and Embroidery for clothing and accessories, as well as Technical Screenprinting, Overlays, and Labels for industrial and commercial applications Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell. For that reason, it is sentenced similarly to Schedule I and II offenses. He's also a genuinely nice guy. The prosecutor must prove that you possessed with the intent to give drugs to someone else. If the prosecutor agrees to reduce the charge to an attempt to distribute charge upon the defendant pleading guilty, the sentencing range is cut down to 0-20 years. The penalties for more than 1 gram of meth are: In Columbia and South Carolina in general, heroin is classified as a Schedule i narcotic drug. These motions must be filed within 10 days of arraignment. Some of the penalties you could be facing for a first-offense marijuana distribution at the federal level are a jail sentence of up to five years and a fine up to $5,000 for having 1 to 49 marijuana plants. Possession of 9 grams of marijuana is a Class 3 misdemeanor, and under NCGS 90-96 (a), as a first time offender, your son would likely be eligible for a conditional discharge of the simple possession charge. Intent to distribute charges are qualified when it is determined that an individual is in possession of more drugs than that person would use only for themselves. The legal system assumes that an individual can be in possession for multiple reasons: distribution/transportation, sale, personal use, or the general drug trafficking. Customer: Hi, if a person is charged with possession of cannabis with intent to sell or distribute, is it possible for that record to be expunged? Good legal representation can be critical with a serious felony charge such as this. cannot be convicted of Possession with Intent. 100 Peachtree Street N.W., Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties. He has exceptional communication a clear understanding of the laws, and knows how to get things done in Columbia. Because heroin is classified as a Schedule I narcotic drug, PWID heroin in SC carries the same penalties as PWID cocaine, cocaine base, or methamphetamines up to 15 years in prison for a first offense, 5-30 years for a second offense, or 10-30 years for a third offense. Intent to distribute can also be proven by other evidence, like your statements, witness testimony, the way the drugs were packaged, or the presence of scales, ledgers, baggies, or other sales paraphernalia.. A legal defense to this charge is the accused persons lack of intent to possess and knowledge about the presence of drugs. But remember, the prosecution cannot just make this claimthey must back it up with evidence. Drug possession means being caught with a small enough amount of a controlled substance that it can reasonably be considered for personal use. This amount varies based on the drug and oftentimes the purity of the drug. Customer: Florida, Broward County JA: Is there anything else the Lawyer should know before I connect you? Templeton Mims & Ward, LLC SCHEDULE YOUR APPOINTMENT HERE OCGA 16-13-2 The consequences even worsen if the offender is charged with the intent to distribute to others. Drug Possession With Intent to Distribute Defense Lawyers, What Must Be Proven at Trial By the Prosecution, The Severity of the Possession With Intent to Distribute Illegal Drug Charges in Georgia, Free Consultation with our Criminal Defense Attorneys, When negligence per se applies, the plaintiff is required to show that a reasonable person, Can you think of a reason why this way of storing energy is not ideal for our solar power plant. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000 The second offense attracts 5-30 years of imprisonment or up to $50,000 This means that a person does not have to be physically holding the drugs to be charged; he or she may simply have the drugs within reach or inside a home or vehicle. distribute, deliver, or possess with intent to distribute or 6 deliver an . Expungement laws vary by state. The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. But remember, the prosecution can not just make this claimthey must back it up with evidence its. Rely on the drug schedule categorization outlined in the possibility of prison time for a first- conviction! You could be facing a mandatory minimum sentence how difficult it is sentenced similarly to schedule I or drugs... 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