Under Georgia Law, it is unlawful for any person to purchase, possess, or have under their control any controlled substance. A controlled substance includes any substance that is unlawful regardless of its application, such as illegal drugs, as well as substances which require appropriate prescriptions from health care providers. If a person is charged with possession of a controlled substance, the possession may be either actual or constructive. Actual possession occurs when an individual has the substance in their immediate control and/or on their person. Constructive possession occurs when an individual has the substance in an area under the control, such as on their private property. Regardless of whether an individual has actual or constructive possession of a controlled substance, they may still be charged for possession of a controlled substance under Georgia Law. Punishment for possession of a controlled substance can vary dramatically depending on the type and amount of the substance, and whether the person is a repeat offender. These considerations will impact whether a person is charged with a misdemeanor or a felony. Possession charges are serious and competent legal counsel is crucial to ensure you receive fair and honest treatment in court. At Miller & Brown, P.C., we strive to provide the best possible representation, so that you may receive fair and honest treatment in court. If you would like to speak to one of our criminal defense attorneys regarding a possession of a controlled substance charge, of any other criminal concern, please call our office at (770) 461-2025 to set up a consultation.