Under Georgia law, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled or non controlled substance. It is important to remember that possession may be actual or constructive. Thus, possession with the intent to distribute may be established by circumstantial evidence such as the manner of packaging or whether the defendant was arrested in an area known for drug dealing.
Different substances are cataloged under Georgia law according to "schedules." There are five schedules, Schedule I being the most dangerous substances with each schedule gradually decreasing in dangerousness, Schedule V being the least dangerous. Punishment under Georgia law for violations of the Controlled Substances Act is based on what schedule drug was possessed, whether the defendant is convicted of possession or possession with intent to distribute, and the defendant's criminal history.
A possession with the intent to distribute is a serious charge. At Miller & Brown, P.C., we strive to provide the best possible representation, so that you may receive fair and honest treatment in court. As with any criminal charge, it is important to discuss your charge with an attorney who can go over your legal rights, defenses, and options. If you would like to speak to one of our criminal defense attorneys regarding a possession with intent to distribute charge, or any other criminal concern, please call our office at (770) 461-2025 to schedule a consultation.