If you’re facing a first-time drug possession charge in Georgia, especially in Canton or Cherokee County, you need to know how the law applies and what steps you can take. The state offers alternatives like the First Offender Act, pretrial diversion, and drug court programs. These can help eligible first-time offenders avoid a conviction. Knowing your legal options early can help you protect your future.
What Georgia law says about drug possession
Georgia classifies drugs into five categories called schedules, based on how dangerous they are and whether they have medical use. Schedule I and II drugs, like heroin and cocaine, carry the most serious penalties.
You can be charged with possession if you have the drug on you or control it, such as in your car or home.
If you have a large amount or it’s packaged in a way that suggests sale, like multiple small bags, you may be charged with possession with intent to distribute—even if no sale occurred.
Penalties you may face
If you’re charged with drug possession in Georgia, the exact penalty depends on both the type and amount of drugs involved. Even first offenses can lead to serious legal consequences.
The following shows the possible charges and corresponding penalties for each category:
- Cannabis (less than one ounce): Misdemeanor, up to 12 months in jail and a $1,000 fine
- Cannabis (more than one ounce): Felony, one to 10 years in prison
- Schedule I and II drugs (like cocaine, heroin, methamphetamine): Felony, two to 15 years in prison
- Schedule III to V drugs (like prescription opioids, Xanax): Felony or misdemeanor, with penalties depending on amount and past offenses
A conviction can carry long-term consequences beyond jail time, making it important to take the charge seriously from the start.
How a conviction could affect you
A drug conviction can affect many areas of your life, both immediately and long term. It can create obstacles in your daily activities, such as:
- Making you lose your driver’s license for up to six months
- Leaving you with a criminal record, which can make it difficult to find a job, secure a home loan or land school programs
- Inflicting long-term damage to your reputation and future opportunities
These risks make it important to act quickly and understand the options available to first-time offenders.
Your legal options
Talking to a criminal defense attorney early can help you explore your options. Your attorney can examine your case and determine if you qualify for alternative programs.
- First Offender Act: If you meet the requirements, you may avoid a conviction by completing probation
- Pretrial diversion: This program may allow you to complete conditions like classes or drug testing in exchange for dropped charges
- Drug court: This option offers structured treatment and supervision instead of incarceration, with a focus on recovery
These programs are available in many counties, including Cherokee County, and may help you move forward without a lasting criminal record.
Moving forward with confidence
Facing a first-time drug charge in Georgia can be overwhelming, but you have options. Knowing how the law applies and which programs you may qualify for can make a lasting difference. Taking informed steps now may help you avoid a conviction and protect your future.
