Georgia and federal law prohibit you from possessing most types of controlled substances. It’s also illegal to sell or traffic controlled substances whether you’re on state or federal land. Although it’s not necessarily illegal to be under the influence of drugs, you may be detained or taken into custody if you’re being a nuisance or committing other crimes while impaired.
You could be charged with drug possession if there is sufficient evidence that you are in control of a prohibited substance. Therefore, you could be taken into custody for holding onto your friend’s marijuana or if you accidentally pick up another person’s backpack that has cocaine in it. An exception may be made if your friend admits to owning the substances. It’s also possible to be charged with a crime if you have prescription medication that doesn’t belong to you.
Possession of paraphernalia
It’s a criminal offense to possess a bong, crackpipe or anything else that might be used to inhale, inject or otherwise consume an illegal substance. You may be charged with possessing drug paraphernalia even if you don’t have a controlled substance. As with drug possession charges, authorities generally don’t need to prove that an item belongs to you before taking you into custody.
If you are found with a large quantity of drugs, you may be charged with trafficking, which is often a more serious offense. The same may be true if you are found with baggies, scales or other items typically used to distribute controlled substances. If convicted of this type of drug charge, you could spend many decades in prison and face other serious penalties.
If you’re charged with drug possession, trafficking or other drug crimes, you haven’t necessarily done anything wrong. You may be able to obtain an acquittal or to get to your case dismissed by casting doubt on evidence presented against you at trial. It may also be possible to have evidence suppressed before your day in court.