Criminal Defense
Georgia enforces some of the strictest drug laws in the United States. A conviction — even for simple possession — can result in prison time, heavy fines, a permanent criminal record, and the loss of professional licenses, housing, and financial aid. Attorney Brent E. Sherota has defended drug charges across Metropolitan Atlanta for over 10 years. If you have been arrested for a drug offense, act immediately to protect your rights.
Georgia classifies controlled substances into five schedules under the Georgia Controlled Substances Act (O.C.G.A. § 16-13-20 et seq.). The schedule determines the severity of the charge and the potential sentence. Schedule I substances are considered the most dangerous with no accepted medical use, while Schedule V substances have the lowest potential for abuse.
| Schedule | Characteristics | Common Examples |
|---|---|---|
| Schedule I | High abuse potential; no accepted medical use | Heroin, LSD, MDMA (Ecstasy), Psilocybin |
| Schedule II | High abuse potential; limited accepted medical use | Cocaine, Methamphetamine, Oxycodone, Fentanyl, Adderall |
| Schedule III | Moderate abuse potential; accepted medical use | Anabolic steroids, Ketamine, Buprenorphine |
| Schedule IV | Lower abuse potential; accepted medical use | Xanax, Valium, Ambien, Tramadol |
| Schedule V | Lowest abuse potential; accepted medical use | Cough preparations with small amounts of codeine |
Under O.C.G.A. § 16-13-30, possession of a controlled substance is a felony in Georgia for Schedule I and II drugs, regardless of the amount. Even a small quantity can result in a mandatory prison sentence. Marijuana possession is treated separately and may be a misdemeanor or felony depending on the amount.
Includes cocaine, heroin, methamphetamine, fentanyl, MDMA, and prescription opioids without a valid prescription.
Georgia has not legalized recreational marijuana. Possession of any amount remains a criminal offense under state law.
Drug trafficking under O.C.G.A. § 16-13-31 is triggered by the quantity of the drug — not by proof of sale or distribution. If you are found in possession of a threshold amount, you can be charged with trafficking even if the drugs were for personal use. Trafficking carries mandatory minimum prison sentences that judges cannot reduce.
| Substance | Threshold Quantity | Mandatory Minimum | Maximum Sentence |
|---|---|---|---|
| Marijuana | 10 lbs | 5 years | Life |
| Cocaine | 28 grams | 10 years | Life |
| Methamphetamine | 28 grams | 10 years | Life |
| Heroin | 4 grams | 5 years | Life |
| Fentanyl | 4 grams | 5 years | Life |
| MDMA (Ecstasy) | 28 grams | 5 years | 30 years |
Even below trafficking thresholds, prosecutors may charge Possession With Intent to Distribute (PWID) based on circumstantial evidence such as the presence of scales, baggies, large amounts of cash, or text messages. PWID carries the same felony penalties as simple possession but with enhanced sentencing. An experienced attorney will challenge the sufficiency of this evidence aggressively.
A drug conviction in Georgia carries consequences that extend far beyond the courtroom. These collateral consequences can affect nearly every aspect of your life for years — or permanently.
Georgia automatically suspends your driver's license upon conviction for most drug offenses, even if no vehicle was involved.
A drug conviction can make you ineligible for federal student loans, grants, and work-study programs under the Higher Education Act.
Convictions can result in the revocation or denial of licenses for law, medicine, nursing, real estate, teaching, and other regulated professions.
Most employers conduct background checks. A felony drug conviction can disqualify you from many jobs, particularly in healthcare, finance, and government.
Public housing authorities and many private landlords deny applications from individuals with drug felony convictions.
Non-citizens convicted of drug offenses face deportation, denial of re-entry, and permanent bars to naturalization under federal immigration law.
Drug cases are highly defensible. The Fourth Amendment protects against unlawful searches and seizures, and any evidence obtained in violation of your constitutional rights may be suppressed — potentially resulting in a dismissal of all charges. Attorney Sherota investigates every aspect of how the evidence was obtained and handled.
If police searched your vehicle, home, or person without a valid warrant or a recognized exception to the warrant requirement, the evidence may be suppressed under the Fourth Amendment. This is one of the most powerful defenses in drug cases.
The prosecution must prove you knowingly possessed the controlled substance. If the drugs were found in a shared vehicle or residence, the State must prove the drugs were yours — not merely that you were present.
Drug evidence must be carefully documented from seizure to laboratory analysis. Any break in the chain of custody — mislabeling, missing logs, or improper storage — can cast doubt on the integrity of the evidence.
The State must prove the substance is actually an illegal drug through certified laboratory testing. Errors in testing procedures, contamination, or unqualified analysts can invalidate the lab results entirely.
If law enforcement induced you to commit a drug offense that you would not have otherwise committed, entrapment may be a viable defense. This is particularly relevant in undercover sting operations.
Possession of a Schedule II–V substance with a valid, current prescription from a licensed physician is a complete defense. We verify prescription records and challenge any inconsistencies in the State's evidence.
For first-time offenders, Georgia offers several programs that may allow you to avoid a permanent conviction on your record.
O.C.G.A. § 42-8-60
Allows eligible first-time felony offenders to plead guilty and complete probation without a formal conviction being entered. Upon successful completion, the charge is discharged and the record sealed from public view.
O.C.G.A. § 16-13-2
Specifically for first-time drug possession offenders. The court may defer proceedings, place you on probation, and upon successful completion, discharge the case without a conviction — preserving your clean record.
Accountability Court Program
A supervised treatment program for non-violent drug offenders. Successful completion results in reduced or dismissed charges. Designed to address the underlying substance use issue rather than simply punish.
This page was written by Brent E. Sherota, Esq., a criminal defense attorney with over 10 years of experience in Metropolitan Atlanta, Georgia. Brent is an active member of the State Bar of Georgia and a John Marshall Law School alumnus. View full attorney profile →
The consequences of a drug conviction in Georgia are severe and long-lasting. Contact Sherota Law today for a free, confidential consultation and start building your defense immediately.
Every hour matters. Contact Sherota Law today for a free, confidential consultation. Attorney Brent Sherota will personally review your case and explain your options — at no cost to you.
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