Protecting Your Legal Rights Since 1994

  1. Home
  2.  » 
  3. Criminal Defense
  4.  » How long is jail time for drug possession in Georgia?

How long is jail time for drug possession in Georgia?

The penalties for drug possession in Georgia are often strict. Each case is different and could have additional charges involved, so it’s difficult to give a clear answer on how long prison time is for possession.

Penalties for marijuana

Possession of up to 1 ounce of marijuana is a misdemeanor in Georgia. The penalty for this could be one year in prison and a $1,000 fine. Possession of over 1 ounce of marijuana could come with a maximum prison sentence of 10 years and a fine up to $5,000. One year in prison is mandatory for this felony.

Prison time for other drugs

All drug possession charges besides marijuana up to 1 ounce are felonies in Georgia. Possession of Schedule V, IV and III drugs are punishable by up to 5 years in prison on the first offense and up to 10 years in prison on subsequent offenses. The sentence for non-narcotic Schedule II drugs is 2–15 years on the first offense and 5–30 on subsequent offenses. Narcotic Schedule II drugs and Schedule I drugs are also punishable for 2–15 years with a maximum possible sentence of 30 years for repeat offenses.

Intention to distribute

The intention to distribute drugs comes with a harsher penalty than the intention to only use it by yourself. Intending to distribute within 1,000 feet of school zones, housing projects, parks and drug-free zones also comes with more severe penalties. You could face up to 20 years in prison and a $20,000 fine if you are convicted for this.

Conditional release

If you are convicted of first-offense drug possession, it’s possible to get a conditional release. You could serve probation instead of prison time. Once you complete probation, your criminal record may not show a drug possession charge.

Georgia is a state that’s tough on drug possession even when it’s marijuana for personal use. You may have to serve time in prison in addition to paying a fine.