• Home
  • About
    ▼
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
      ▼
      • Atlanta, GA Office Location
      • Macon, GA Law Office Location
      • Columbus, GA Office Location
      • Milledgeville, GA Office Location
    • Areas We Serve
      ▼
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    ▼
    • Personal Injury
      ▼
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      ▼
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      ▼
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Appeals
    • Post-Conviction Relief
    • Workers’ Comp
      ▼
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    ▼
    • Case Results
  • Resources
    ▼
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      ▼
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      ▼
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      ▼
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
      • Your Criminal Record & a DUI
  • Contact Us Now
  • Skip to main content
  • Skip to primary sidebar

Sessions & Fleischman, LLC

FREE CONSULTATION

470.225.7710

  • Home
  • About
    • About
    • Ben Sessions
    • Andrew Fleischman
    • Locations
      • Atlanta, GA Office Location
      • Macon, GA Law Office Location
      • Columbus, GA Office Location
      • Milledgeville, GA Office Location
    • Areas We Serve
      • Albany
      • Americus
      • Atlanta
      • Bartow County
      • Bibb County
      • Brookhaven
      • Centerville
      • Chatham County
      • Chattanooga
      • Clayton County
      • Cobb County
      • Columbia County
      • Columbus
      • Coweta County
      • DeKalb County
      • Doraville
      • Douglas County
      • Dublin
      • Fayette County
      • Gray
      • Griffin
      • Gwinnett County
      • Hall County
      • Hawkinsville
      • Henry County
      • Hinesville
      • Houston County
      • Jackson County
      • LaGrange
      • Lowndes County
      • Macon
      • McDonough
      • Milledgeville
      • Muscogee County
      • Newton County
      • Paulding County
      • Perry
      • Pooler
      • Richmond Hill
      • Roberta
      • Rockdale County
      • Savannah
      • Walker County
      • Walton County
      • Whitfield County
  • Practice Areas
    • Personal Injury
      • Car Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Slip-And-Fall & Premises Liability
      • Pedestrian Accidents
      • Bicycle Accidents
      • Elder Abuse
      • Product Defect Attorney
      • Defective Product Injuries
      • Negligent Security
      • Wrong Prescriptions
      • Wrongful Death
    • DUI Defense
      • 2nd DUI Offense
      • DUI Drug Offense
      • Child Endangerment DUI
      • License Suspension
    • Criminal Defense
      • Drug Charge Defense
      • Sex Crime Defense
      • Domestic Violence
      • Probation Violation
      • Vehicular Homicide
    • Appeals
    • Post-Conviction Relief
    • Workers’ Comp
      • Calculating Workers’ Comp Payments
      • Fall at Work
  • Testimonials
    • Case Results
  • Resources
    • Resources
    • Preparing for Our Meeting
    • Personal Injury Resources
      • Health Insurance Reimbursement
      • Personal Injury Blog
      • Attorney for Back Injuries
      • Spinal Cord Injuries
      • Nerve Damage
      • Attorneys for Broken Bones Caused by Accidents
      • Brain Injury
      • Scarring
    • Car Accident Resources
      • Injuries Caused by Distracted Drivers
      • Injuries Caused by Drunk Drivers
      • Injured by a driver following too closely?
      • Most Common Car Accident Causes
      • Do I Need a Lawyer for My Car Accident Case?
      • Car Accident Blog
      • Step-By-Step Car Accident Guide
    • DUI Defense Resources
      • DUI Defense Blog
      • Georgia DUI Process
      • The “Walk and Turn” Test in DUI Cases
      • The Eye Test
      • Your Driver’s License After a DUI Arrest
      • License Suspension in A DUI Case
      • Ignition Interlock Permit
      • Importance of Your Driving in Your DUI Case
      • Your Criminal Record & a DUI
  • Contact Us Now

Defense of Cocaine Possession Charges

Cocaine Possession Attorney

Cocaine Possession AttorneyIf you have been charged with possession of any amount of cocaine, you are facing a felony charge. In many jurisdictions in Georgia, any amount of cocaine will result in a plea recommendation including prison time. If you are charged with cocaine possession, you should hire an experience cocaine possession attorney.

Georgia Cocaine Possession Law

(a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.

(b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.

(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25, or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.

(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

(e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at least two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime.

(g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years. Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years.

(h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years.

(2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, orpossess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.

(m) As used in this Code section, the term “solid substance” means a substance that is not in a liquid or gas form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any variant of such items.

Ga. Code Ann. § 16-13-30 (West)

Primary Sidebar

Get Your Free Consultation

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Follow Us

Atlanta Office:
3155 Roswell Road, Ste 220
Atlanta, GA 30305

Macon Office:
544 Mulberry Street, Ste 319
Macon, GA 31201
Milledgeville Office:
300 East Montgomery St.
Milledgeville, GA 31061
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Instagram

Copyright © 2023 Sessions & Fleischman, LLC
Disclaimer Privacy Policy