Simple Possession, Possession with Intent to Distribute, Sale of Contraband and Trafficking are the primary drug offenses prosecuted as VGCSA (Violation of the Georgia Controlled Substance Act).   Marijuana possession is typically a misdemeanor, so usually we see cocaine and methamphetamine as the primary controlled narcotics.  There has been a huge surge in prescription drug possession probably occasioned by the ease of acquiring controlled substances via internet.

Simple Possession is the most common drug offense and can be generally defined as possessing a user amount of a controlled substance.  Possession with Intent to Distribute is typically prosecuted when simple possession quantities are discovered with sale related items such as scales, money or  plastic baggies.  A Sale of Contraband is just a sale, and possessing any amount of cocaine or methamphetamine over 28 grams is Trafficking.  Pre-trial Diversion programs are available in some jurisdictions for simple possession cases, but more common are “drug courts.”  Expect to see more use of drug courts to manage felony drug possession because research has shown them to be highly effective at combating repeat arrests.  Drug Courts typically require an intensive period of judicially supervised drug abuse counseling.  The reward for participation is a dismissed charge and expungement of the arrest record.  There are also special “first offender” provisions of the Georgia Code that keep criminal convictions off your record.

We aggressively fight drug cases.  To get a conviction, the Government must prove that you had “knowledge” and “control” of the controlled substance.  It is not enough to show that you were just nearby to contraband or just in close proximity to contraband.  The law says that “mere special proximity to contraband” is not enough for a conviction.  Additionally, the Government must prove that the seizure of the drugs was legal.  Motions to Dismiss for illegal searches and seizures are regularly filed and litigated in drug possession cases.  A search warrant is still required to search a home.  A car can be searched without a warrant, but the police still need probable cause to believe that drugs will be found inside the vehicle.  The most common method by which the police gain entry to a vehicle is by the consent of the owner—go figure.