Facing Charges? Put An Experienced Henry County Drug Crime Defense Lawyer On Your Side.

Last updated on February 17, 2026

Drug crime charges can quickly become very serious legal problems for anyone. These charges can come about in a number of ways, such as when:

• Someone else in the same car or house possesses the illegal substances, and everyone present gets arrested.
• Someone is accused of a crime while carrying their own properly prescribed drugs but without the container from the pharmacy.
• A health care provider in a hospital who has a drug addiction surreptitiously takes pills intended for patients.
• A “friend” tips off law enforcement agents about the presence of illegal drugs in someone’s house or car as part of the friend’s plea bargain in their own drug crime case.

No matter what the circumstances were that led up to your drug-related arrest or criminal charges, your legal situation is serious and you have no time to waste. You need a qualified drug crimes lawyer on your side as soon as possible.

Defending Georgians Accused Of All Types Of Drug Crimes

In many cases we work on, our clients were arrested for alleged offenses involving marijuana, cocaine, heroin and fentanyl. Their charges include:

• Possession of controlled substances
• Possession with intent to distribute
• Possession of paraphernalia
• Distribution of illegal drugs or illegally obtained prescription drugs
• Trafficking
• Conspiracy to commit crimes such as those listed above

When we represent people facing drug charges, we always try to determine whether the defendant’s own drug use is a factor. If so, we may recommend that the defendant begin drug dependency treatment even before meeting with a prosecutor.

Discuss your case frankly and in-depth in a free initial consultation with one of our experienced criminal defense attorneys.

What Are Georgia’s Marijuana Laws?

With marijuana laws changing all over the country, it is easy for the average person to get confused about the legality of pot in their own area. In Georgia, recreational possession and use of marijuana remains illegal. There are some legal medical-use circumstances, but these are narrow in scope, and users must have a valid registry card.

The charges and sentencing guidelines for marijuana are harsh. Possession is a criminal offense, and possessing more than one ounce can be charged as a felony. Some individual cities, including Atlanta, have passed ordinances or issued administrative orders effectively decriminalizing possession and recreational use of marijuana, but the drug remains illegal under state and federal law.

If you’ve been charged with a marijuana-related crime or any other drug offenses, it is critical to seek experienced legal representation as soon as possible. Even if the potential sentence you are facing doesn’t seem harsh, please remember that having any sort of criminal record could result in years or a lifetime of difficulty passing background checks. This could make it much harder to find a job, secure rental housing or access credit.

Drug Schedules In Georgia

Drug schedules are classifications of types of drugs that may lead to criminal charges for someone who possesses or distributes them. Following are abbreviated descriptions:

• Schedule I drugs, such as heroin, LSD, psilocybin (mushrooms), ecstasy or marijuana, which have no medicinal uses and have a high potential for abuse
• Schedule II drugs, such as cocaine, amphetamines, opium, morphine, codeine, hydrocodone, oxycodone or fentanyl, which sometimes have medicinal uses, but also have a high potential for abuse
• Schedule III drugs, such as CNS depressants, CNS stimulants, steroids, barbiturates and other narcotics, which may have some medicinal uses but can lead to dependence if abused
• Schedule IV drugs, such as Xanax, Klonopin, valium and Ambien, which have a low potential for abuse but may lead to dependency
• Schedule V drugs, such as over-the-counter medications that include codeine or other substances that have medicinal uses but may lead to dependency if abused

If your criminal charges cited any of these substances, you can get your case off to a good start by being open and honest with your defense attorney about the circumstances leading to your arrest or investigation. Your criminal defense lawyer may also order tests of samples from what the police seized. Sometimes such tests show that the alleged substances are not, in fact, any kind of drug at all.

The Consequences For Distribution Of Illegal Drugs Or Illegally Obtained Prescription Drugs

Drug possession for personal use is a crime in Georgia. It is considered an even more serious crime, however, to distribute drugs or possess drugs with the intent to sell or distribute them. This is true for illegal drugs as well as controlled substances that are only legal with a valid prescription.

It’s important to note that if you are caught possessing a certain quantity of a drug, prosecutors can charge you with intent to distribute, even if you were stockpiling for personal use. The specific quantity and related penalties depend on the drug and its schedule, but intent to distribute is considered a felony. A drug conviction for intent to distribute could be punishable by years in prison and very steep fines.

Understanding Drug Trafficking And Its Penalties

As mentioned above, someone who possesses a larger quantity of drugs than would be generally possessed for personal use can be charged with intent to distribute. If the quantity of drugs possessed far exceeds the personal use threshold, the person will likely be charged with drug trafficking. Someone may also be charged with trafficking for selling/distributing or manufacturing large amounts of drugs.

Again, the quantity needed to trigger trafficking charges varies based on the drug and its schedule. The more serious or “hard” the drug is considered to be, the lower the quantity needed to result in trafficking charges. Drug trafficking is a felony offense. A conviction can result in a prison sentence lasting between five years and 30 years and fines up to $1 million.

Frequently Asked Questions About Georgia Drug Charges

Since few things are as stressful as facing drug charges, it is natural to have concerns about your future. Below, we answer some of the most common questions we field to help you understand your rights during a traffic stop or after drug charges arise in Georgia.

Did the police have the right to search my car during a traffic stop?

Possibly. Police may search a vehicle during a traffic stop only under specific circumstances in Georgia. They can search if you give consent, if they have probable cause to believe evidence of a crime is inside, or if the search is connected to a lawful arrest. Probable cause can come from law enforcement observations, such as visible contraband or the odor of drugs.

Additionally, police may conduct a warrantless search when they have reason to believe the car contains evidence of a crime. This is because the mobility of a vehicle allows officers to search without a warrant when they have probable cause to believe it contains evidence.

If none of these conditions apply and you did not consent, the search may be unlawful.

How does the Georgia First Offender Act apply to drug charges?

This Act allows certain first‑time defendants to avoid a conviction on their public record if they successfully complete the sentence. It can apply to many drug charges as long as the person has no prior felony convictions and the court agrees to First Offender treatment.

You must plead guilty to apply the Act, but the court withholds adjudication while you complete probation, treatment, fines or other requirements. If you meet all conditions, the case is discharged without a conviction. However, if you violate the terms, the court may enter a conviction and resentence you. The Act is governed by Georgia Code sections 42‑8‑60 through 42‑8‑63.

Will a drug conviction on my record affect my job or driver’s license?

Unfortunately, a drug conviction can impact employment because many employers conduct background checks and may view drug offenses as disqualifying. This can be a particular risk in fields involving licensing, transportation or security. Professional licensing boards may also consider drug convictions when reviewing applications.

Further, Georgia law imposes driver’s license suspensions for many drug convictions, including first offenses, and the length of suspension depends on the charge. Commercial drivers may face additional restrictions under federal regulations.

Our Firm In McDonough Lives Out Its Legacy Of Effective Representation For Defendants

Sexton & Moody, P.C., was first established as Lee Sexton & Associates by the widely acclaimed late Lee Sexton in 1981. Drug crime defense cases have been part of the law practice ever since then. Attorney Sexton passed on many of his insights and skills that are still evident at the firm.

Today, the firm is up to date and in full operation meeting the needs of current drug crime case defendants. We honor his legacy by continuing to fight for our clients’ rights after they have been accused of drug crimes.

Schedule a free consultation to discuss your drug crime charges with one of our attorneys at Sexton & Moody, P.C., call 770-474-5646 or send a message online, and we will respond promptly.