Criminal Sanctions
Under Georgia and federal law, it is a crime to possess, manufacture, sell, or distribute illegal drugs. As required by federal regulations, charts at the current www.dea.gov website detail federal penalties for drug trafficking and state sanctions for the unlawful possession or distribution of illicit drugs.
Federal sanctions for the illegal possession of drugs include imprisonment up to 1 year and/or a minimum fine of $1,000 for a first conviction; imprisonment for 15 days to 2 years and a minimum fine of $2,500 for a second drug conviction; and imprisonment for 90 days to 3 years and a minimum fine of $5,000 for a third or subsequent drug conviction. For possession of a mixture or substance which contains a cocaine base, federal sanctions include 5 to 20 years in prison and a minimum fine of $1,000 for a first conviction if the mixture or substance exceeds 5 grams, for a second conviction if the mixture or substance exceeds 3 grams, and for a third or subsequent conviction if the mixture or substance exceeds 1 gram. Additional possible penalties for the illegal possession of drugs are forfeiture of real or personal property used to possess or to facilitate possession of a controlled substance if the offense is punishable by more than 1 year imprisonment; forfeiture of vehicles, boats, aircraft, or any other conveyance used, or intended for use, to transport or conceal drugs; civil fine up to $10,000 per violation; denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses for up to 1 year for the first and up to 5 years for a second or subsequent offense; successful completion of a drug treatment program; community service; and ineligibility to receive or purchase a firearm.
Georgia law prohibits the purchase or possession of alcohol by a person under the age of 21, or the furnishing of alcohol to such a person. Driving under the influence of alcohol or other drugs also is illegal. It is against Georgia law, under certain circumstances, to walk and be upon a roadway while under the influence of alcohol or other drugs. The punishment for these offenses may include imprisonment, payment of fine, mandatory treatment and education programs, community service, and mandatory loss of one’s driver’s license.
The use, possession, manufacture, distribution, dispensing, and trafficking of illegal drugs is prohibited by federal law. Strict penalties are provided for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of potential federal statutory maximum penalties. However, precise federal sentencing is governed by the Federal Sentencing Guidelines. Please note that sentencing under these guidelines can result in penalties that are more severe than the federal statutory maximums and which are more severe than the penalties imposed under state law under certain circumstances.
A federal drug conviction may result in the denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses [21 U.S.C. sec. 853]. Moreover, any person convicted of a federal drug offense punishable by more than one year in prison will forfeit personal and real property related to the violation, including homes, vehicles, boats, aircraft, or any other personal belongings [21 U.S.C. sec. 853(a)(2), 881(a)(7) and 881(a)(4)].
Further, persons convicted on federal drug trafficking within 1,000 feet of Ogeechee Technical College may face penalties of prison terms and fines that are twice as high as regular penalties for the offense, with a mandatory prison sentence of at least one year {921 U.S.C. sec. 845(a)].