As a general rule any arrest for a drug charge in Georgia is a felony.  The one exception to this rule is an arrest for marijuana under one ounce.  Factually this charge is not that different from a felony possession drug charge.  It is important to note the state can still proceed on a prosecution for a felony if they establish probable cause that the marijuana less than one ounce was not for personal use, but instead were instead going to be sold or distributed by the defendant.  

Official Code of Georgia Annotated 16-13-2: Georgia Conditional Discharge Statute
Georgia law allows Defendants to use the conditional discharge statute to minimize their first drug prosecutions affect on their criminal record.  To take advantage of this statute the Defendant must not been previously convicted of and prior drug offense relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs.  

In simple terms this law allows a Defendant  to either plead guilty or be found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug. The court during sentencing may without entering a judgment of guilt and with the consent of such person defer further proceedings and place him on probation.  Generally the terms of probation will require the person to undergo a comprehensive rehabilitation program designed to acquaint him with the ill effects of drug abuse and to provide him with knowledge of the gains and benefits which can be achieved by being a good member of society.

If the Defendant violates of a term or condition of probation, the court may enter an adjudication of guilt.  Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction.

Drug prosecutions  are one of the most serious criminal cases someone can be charged with in Georgia.  If you are convicted it can affect you for years to come, long after the days in prison are over and the time spent on probation has ended.  At the Law Office of Andrew R. Lynch, we fight hard to protect you from being convicted.  We prepare every case as if it is going to trial because this how we are able to obtain the best outcome for you.

Contact us today to discuss your legal needs.