Possession of Paraphernalia in Georgia | Drug Charges

Possession of Drug Paraphernalia

Possession of Drug Paraphernalia

It is illegal to possess drug paraphernalia in the United States. In fact, possessing any of these items is a violation of federal law as outlined in Code Title 21 Section 863.

This may be surprising, since drug paraphernalia is relatively easy to acquire via many online retailers and mail order businesses.

It is also illegal at the state level. Under Georgia’s Controlled Substances Act, it is illegal to possess any drug related object or paraphernalia, such as:

  • Scales
  • Drug packaging
  • Pipes, including those made of wood, metal, acrylic, stone, plastic, glass or ceramic
  • Bongs
  • Miniature spoons employed in the usage of cocaine
  • Roach clips
  • Freebase cocaine materials
  • Rolling papers

Penalties for Paraphernalia

Possession of drug paraphernalia is a misdemeanor in Georgia, punishable by up to one year in jail and a fine of $1,000.

Defense Against Paraphernalia Charges

If you have been charged with possessing drug paraphernalia or if you are facing this charge in connection with other drug charges, you need to seek legal counsel from an experienced drug crimes defense attorney. Contact the firm of Kohn & Yager today to schedule a free review of your case.

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GA Drug Manufacturing Charges

Ga Drug Cases

Drug Manufacturing Charges in Georgia

Drug manufacturing is a felony offense in Georgia. Both state and federal law define manufacturing as the cultivation or production of an illegal or controlled substance.

Elements of Drug Manufacturing

Both possession and intent are key in prosecuting a person accused of drug manufacturing or intent to manufacture.

In order to be arrested for drug manufacturing, the police must first find that you were in possession of an illegal or illicit substance, either on your person, at your residence or in your vehicle.

Along with the drugs, police must also find equipment such as a grow light or hydroponic equipment for marijuana cultivation or the laboratory equipment used to cook meth.

Drug Manufacturing Penalties

The penalties for drug manufacturing charges vary depending on the type of drug in question. The court will take the drug schedule into account when assessing the penalties for a conviction. Possible prison sentences may include:

  • Schedules I and II:
    • First offense: Five to 30 years in prison
    • Second and subsequent offense: 10 to 40 years or a life sentence in prison
  • Schedules III, IV and V
    • One to 10 years in prison

If convicted, you may also be required to perform community service hours, attend a drug treatment program and pay various fines. You will also lose your drivers license for a certain period of time.

Perhaps most troubling is the fact that a drug manufacturing conviction will result in a felony mark on your criminal record that will follow you for the rest of your life.

Defending Charges of Manufacturing

It is important to understand that you do not necessarily have to be found in possession of a large quantity of a controlled substance or manufacturing or cultivation equipment to be charged with manufacturing. These charges can be brought against you for having what may seem like a negligible amount of a drug.

If you have been charged with drug manufacturing, time is not on your side. It is imperative that you contact an experienced drug crimes defense attorney right away to begin working on your case.

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Marijuana Drug Laws in Georgia

Ga Drug Cases

While it is legal for personal use in some states, the use and possession of marijuana remains illegal in Georgia. It may seem like a harmless and even natural drug, but legislators and police in our state have drawn a line in the sand when it comes to marijuana. In fact, most offenses related to marijuana are actually charged as felonies.

Marijuana for Personal Use

One of the only marijuana-related offenses that is charged as a misdemeanor is possession of one ounce or less of marijuana for personal use. This charge is punishable by one year in jail and up to $1,000 in fines.

Possessing more than one ounce is a felony punishable by one to 10 years in prison and a maximum $5,000 fine.

Other Marijuana Offenses

For possession, sale, delivery or cultivation, penalties for conviction are determined by the amount of marijuana.

  • 10 pounds or less: one-10 years in prison, $5,000 in fines
  • 10-2,000 pounds: five to 30 years in prison, $100,000 in fines
  • 2,000 to 10,000 pounds: seven to 30 years in prison, $250,000 in fines
  • Over 10,000 pounds: 15 to 30 years in prison and $1 million in fines

Regardless of the amount, if you are charged with and convicted of possession, sale, delivery or cultivation within 1,000 feet of a school or park, you can face five to 40 years in prison and a $40,000 fine.

Defense in Your Marijuana Drug Crimes Case

If you or a loved one is facing any charges related to marijuana, it is extremely important that you work with an experienced drug crimes defense attorney. Drug offenses are punished harshly in Georgia. You need an aggressive advocate on your side who will work to get you the best possible result in your case.

To learn more and to schedule a confidential and free case review, fill out our online form or contact Kohn & Yager today.

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Georgia Substance Abuse by a Parent

Substance Abuse by a Parent

Understanding the Charges

We usually think of striking a child as abuse. But a different type of child abuse or neglect occurs when one or both parents create an unsafe environment for their children – including unborn children – by:

  • Using illegal drugs, abusing alcohol or selling drugs from the home
  • Manufacturing drugs in the home or in the presence of a child
  • Exposing the child to chemicals used to make drugs or having illegal drugs in the home
  • Giving alcohol or drugs to a minor, selling drugs to a child, or giving them drugs to sell

DFCS Involvement

Any of these behaviors create an unsafe environment for children and can lead to neglect, dangerous situations, or direct harm to the children. If you are arrested for drugs, the police will likely report this to the Department of Family and Children’s Services (DFCS). DFCS will conduct an investigation to decide if there is evidence to support that the above behaviors occurred, and will determine if the charges should be filed.

Penalties

The crimes outlined above are typically charged as felonies, and you can be imprisoned for two to15 years if convicted. If the child is injured during the course of your committing this crime, the penalty could be five to 20 years.

Get Professional Help Immediately

Parental abuse of this nature is very serious. The attorneys of Kohn & Yager will draw on their previous experiences with similar cases to help you understand and fight the charges. Complete our online form for a free consultation, or call our offices any time of the day or night for help.

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Georgia Drug Case Defense | 24 Hour Criminal Lawyer

Ga Drug Cases

Most drug crimes are charged as felonies in Georgia, so finding an experienced GA drugs lawyer is a wise choice. A felony charge means that if you are convicted, you will be sentenced to prison, pay expensive fines, and will have a felony conviction on your record.

Because the consequences of a drug crime conviction are so serious, it is essential to work with an Atlanta criminal defense attorney drugs who has extensive experience in defending these cases. There are many ways to mount a Georgia drug case defense that will help you obtain the best possible outcome in your case.

A Good Criminal Defense Attorney Drugs Will Ask Lots of Questions

Your Georgia drug attorney should begin by learning all of the details of your case, including when the charges were filed in the first place. From there, he or she should ask the following questions:

  • Can the prosecution prove that you possessed drugs of the type and amount you are charged with?
  • Was all of the evidence gathered legally?
  • What evidence can be suppressed and therefore not used to convict you?
  • Did other people have access to the property where the drugs were found?
  • If you were arrested for possession or drug manufacturing as a result of a sting or undercover operation, were you entrapped or coerced into committing a drug-related crime?

Your Georgia Drugs Case Is Unlike Any Other Client’s Case

Remember that no two cases are identical and that the circumstances of your case are unique. The first thing you should do after being charged with a GA drug crime is to contact an experienced and aggressive drug crimes defense attorney who knows how to ask the right questions and build a solid defense.

Contact the firm of Kohn & Yager today to schedule a free, no-obligation case consultation.

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Georgia Controlled Substance Schedules

GA Drug Schedules

A controlled substance is any narcotic or drug that the federal government regulates. These include both illegal drugs and prescription medications.

Georgia Drug Schedules

In order to keep track of these substances, the government has divided them into classifications or schedules. Each substance is assigned a schedule based on its known medical use and the likelihood that a person would abuse or become dependent.

Below is a list of each of the five drug schedules and a few examples of substances that are classified in each.

  • Schedule I: Drugs with the highest potential for abuse and dependency, with no recognized medical use. These include LSD, heroin and marijuana.
  • Schedule II: These drugs have an elevated potential for abuse or dependency. Fentanyl, Adderall, cocaine, and methamphetamine are included.
  • Schedule III: These drugs have a moderate to low risk of abuse or dependence. Substances with less than 90 milligrams of codeine per dose, anabolic steroids and ketamine are Schedule III drugs.
  • Schedule IV: Drugs in this schedule have a low potential for abuse or dependence. Xanax, Ambien, Tramadol and Ativan are included.
  • Schedule V: The lowest drug schedule, these substances are the least likely to result in abuse or dependence. Cough medicines with less than 200 milligrams of codeine per 100 milliliters are Schedule V drugs.

Penalties and Aggressive Drug Crime Defense

If you are arrested and charged with a drug crime in Georgia, the penalties that will result from a conviction are dependent upon the schedule in which the drug falls.  It is important to understand that Georgia takes all drug crimes very seriously and that the punishments associated with a conviction can have lifelong consequences.

If you or a loved one is facing drug charges in Georgia, contact the firm of Kohn & Yager right away to schedule a free and confidential review of your case.

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