NEW!How does a drug conviction affect the Hope Scholarship?
How Does a Drug Conviction Affect the HOPE Scholarship?
DRUG-FREE ACT A student is ineligible if, in accordance with the
Drug-Free Postsecondary Education Act of 1990, he or she has been
convicted for committing certain felony offenses involving marijuana,
controlled substances, or dangerous drugs. A student is ineligible
to receive a HOPE Scholarship from the date of conviction to the
completion of the next academic term. Institutions are not required
to obtain criminal justice records of HOPE applicants. All 77
pages of the current HOPE regs can be found (in .pdf form) at:
http://www.gsfc.org/main/publishing/pdf/2003HOPE.pdf
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.
