Getting charged with a drug offense in Georgia can feel overwhelming and frightening. You are likely thinking about your future, your job, your family, and your freedom. Whether you are dealing with simple drug possession charges or more serious accusations like trafficking or manufacturing, the consequences can be life-changing.

At TDE Criminal Defense Attorneys, P.C., we understand the stakes. For over 15 years, we have been fighting for people like you in Atlanta and the surrounding communities. 

When you work with us, you receive more than legal representation. You have a dedicated advocate who is committed to protecting your rights and helping you pursue the best possible outcome.

Georgia Drug Charges and How They Work

While drug possession is one of the most commonly charged offenses, it is only one part of Georgia’s broader drug laws. The state recognizes a wide range of drug-related crimes, each carrying its own set of risks and penalties. 

Knowing the different charges you could face is an essential step toward preparing the right defense strategy for your case. 

Georgia Drug Possession Explained

Not all drug charges are the same. One of the most common drug-related offenses in Georgia is drug possession, which can be charged in two different ways:

  • Actual Possession: This means the drugs were found directly on you, such as in your pocket, purse, or backpack.
  • Constructive Possession: This applies when drugs are found in a place you control, such as your car, home, or even a shared space. You do not have to be physically holding the drugs to be charged.

Other Drug Offenses in Georgia

In addition to simple possession, you could also face charges such as:

  • Possession with Intent to Distribute (PWID)
  • Drug Trafficking (including cocaine, heroin, methamphetamine, fentanyl, marijuana, and opioids)
  • Drug Manufacturing or Cultivation
  • Drug Sales and Distribution
  • Prescription Drug Fraud or Abuse
  • Drug Paraphernalia Possession

These offenses carry very different penalties, depending on the circumstances.

Georgia Drug Laws (VGCSA) and Penalties You Could Face

Under the Violation of the Georgia Controlled Substances Act (VGCSA), drugs are classified into five categories, known as “schedules”:

  • Schedule I and II: These include drugs like heroin, cocaine, and methamphetamine. They carry the harshest penalties.
  • Schedule III, IV, and V: These include prescription medications like Xanax and Codeine. Though penalties are lower, these charges are still serious.
  • Marijuana: While sometimes charged as a misdemeanor for small amounts, larger quantities or intent to sell can result in felony charges.

A drug conviction can lead to jail time, heavy fines, probation, loss of your driver’s license, and a permanent criminal record that impacts your future.

Building Your Defense with TDE Criminal Defense Attorneys, P.C.

When you choose our firm, you are getting a team that fights hard, treats you like family, and provides personalized defense strategies tailored to your unique situation. Here is why clients trust us:

  • Over 15 years of experience serving Atlanta residents
  • Recognized by Super Lawyers (2024–2025)
    Elite Lawyer Award recipient since 2021
  • Named among the National Black Lawyers Top 100
  • Active in the State Bar of Georgia, Gate City Bar Association, and Georgia Association of Women Lawyers (GAWL)
  • Transparent fees with discounts for military members and first responders

How We Defend You

We understand that every case is unique, which is why we take the time to carefully review the details and work toward building a defense that fits your specific situation.

Some of the defense strategies we may use include:

  • Unlawful Search and Seizure: Challenging evidence collected through illegal stops or searches.
  • No Probable Cause: Arguing that law enforcement had no valid reason to search or arrest you.
  • Lack of Possession or Control: Showing you did not possess or control the drugs.
  • Lack of Knowledge or Intent: Demonstrating that you were unaware the drugs were present or had no intent to use or sell them.
  • Evidence Handling Issues: Challenging how the police stored or tested the evidence.
  • Entrapment or Mistaken Identity: Proving that law enforcement used unfair tactics or accused the wrong person.
  • Challenging Lab Results: Pointing out flaws or inaccuracies in drug testing procedures.

First Offender Programs and Drug Court

Georgia offers options like Conditional Discharge and Drug Court programs for first-time offenders or those charged with lower-level charges. These can involve drug treatment and counseling rather than jail time. 

Completing these programs may even lead to your charges being dismissed entirely. We make it a priority to explore these alternatives when they fit your situation.

Frequently Asked Questions About Georgia Drug Charges

What should I do if I am arrested?

Stay calm. Do not argue, explain, or consent to searches. Politely tell officers you want to speak to your lawyer and contact us immediately.

Can my charges be reduced or dismissed?

Possibly. It depends on the facts of your case and the defense strategy we build together.

Do all cases go to trial?

No. Many cases are resolved through negotiations or alternative programs, but we always prepare as if we are going to trial to protect you fully.

What is the difference between possession and trafficking?

Possession usually involves smaller amounts for personal use. Trafficking involves larger quantities and the intent to sell or distribute.

Can first-time offenders avoid jail?

Yes, in many cases. We can help you pursue alternatives like Conditional Discharge or Drug Court.

How long does the legal process take?

Every case is different. Some are resolved quickly, while others take months. We will keep you informed every step of the way.

What if my rights were violated?

We will aggressively challenge any illegal actions by law enforcement to protect your rights and fight to have evidence thrown out if it was collected improperly.

Do Not Face Georgia Drug Charges Alone

If you have been charged with a drug-related offense in Georgia, it is essential to seek qualified legal representation without delay. Taking prompt action can significantly influence the outcome of your case.

Contact TDE Criminal Defense Attorneys, P.C. today at (404) 330-8833 to schedule your confidential consultation. Our team is prepared to stand by your side and advocate for your future. Do not wait, your defense begins now.