O.C.G.A. 16-13-30
It is illegal in Georgia to purchase, possess, control, manufacture, deliver, distribute, dispense, administer, sell, purchase or possess with intent to distribute any controlled substance. ("Controlled substances" are defined in five schedules (lists) by the Controlled Substances Act, O.C.G.A. 16-13-25 through 16-13-29.)
Possession ? O.C.G.A. 16-13-30
In Georgia, possession may be actual or "constructive." Constructive possession means that the person need not have the drugs in his or her hand. If drugs are found on property or a car that is owned or controlled by a person, then that person is presumed to be in possession of the drugs. Also, if a defendant is seen with drugs (or a package that is later proven to contain drugs), and a police officer observes the defendant hiding or discarding them, he may still be convicted of drug possession even thought he didn?t actually have them when he was arrested.
Punishment: Generally, a felony. The jail term varies depending on the type of drug the defendant was in possession of.
Trafficking - O.C.G.A. 16-13-31
If a defendant knowingly sells a controlled substance in the state of Georgia, he may be found guilty of selling drugs. Under O.C.G.A. 16-13-30.1, it is also illegal for a person to sell a noncontrolled substance by representing it as a controlled substance. Thus, it is a crime to sell the herb oregano by representing it to be marijuana.
Punishment: varies depending on the type and amount of drug the defendant allegedly sold. A convicted defendant may also encounter mandatory sentences for the sale of specified quantities of certain drugs. For example, a person convicted of selling between 28 and 200 grams of cocaine must serve a mandatory minimum sentence of ten years and pay a $200,000.00 fine.
Conditional Discharge for Possession as First Offense ? O.C.G.A. 16-13-2
If a person is a first offender, who has never been convicted of any drug offense in Georgia or any other U.S. State, the court may, without finding him guilty, defer the proceedings against him. The defendant will then be placed on probation, and the court may require drug treatment, counseling or rehabilitation program. If the terms of probation are violated, a guilty verdict will be entered and the defendant will be sentenced. If, however, the defendant complies with his probation, the proceedings against him will be dismissed.