Facing drug charges in Savannah can be frightening—especially for first-time offenders who’ve never had contact with the criminal justice system. Whether you’re accused of possessing a small amount of marijuana or caught with a prescription drug not in your name, Georgia’s drug laws are strict, and the consequences can be severe. However, knowing what to expect and understanding your legal options can make all the difference.
At the Law Offices of Harold J. Cronk, we defend individuals charged with drug crimes in Chatham County and throughout Georgia. Below, we break down what you need to know about first-time drug offenses and how to fight the charges.
Possession vs. Distribution
In Georgia, drug charges generally fall into two categories: possession and distribution (or intent to distribute). Possession typically involves small amounts of drugs for personal use. Distribution means you’re accused of selling or planning to sell, which carries harsher penalties.
Even if you had no intention of selling drugs, if you’re caught with a certain quantity—or items like scales or baggies—police may charge you with possession with intent to distribute. First-time offenders can be charged with either offense depending on the situation.
Marijuana Possession (First Offense)
Georgia law still treats marijuana harshly, despite legalization trends elsewhere:
- Under 1 oz: Misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. Savannah and Chatham County offer ticketing and fine-only alternatives for very small amounts.
- Over 1 oz: Felony, with 1–10 years of prison possible.
- Over 10 lbs: Presumed intent to distribute, with penalties ranging from 1 to 30 years.
First-time offenders may qualify for conditional discharge or drug court diversion programs to avoid jail and a conviction.
Controlled Substances (Cocaine, Heroin, Meth, etc.)
Georgia classifies drugs into five schedules, with Schedule I and II (like heroin, cocaine, and methamphetamine) carrying the harshest penalties.
- Less than 1 gram (or 1 pill): Still a felony. Penalties range from 1–3 years in prison.
- 1–4 grams: Up to 8 years.
- 4–28 grams: Mandatory minimums may apply. Up to 30 years in prison.
Possession of any amount of cocaine or meth—even trace amounts—can land you in prison. However, judges have some flexibility with first-time, nonviolent offenders.
Prescription Drugs Without a Prescription
Taking or holding someone else’s Adderall, Xanax, OxyContin, or other prescriptions can result in:
- Misdemeanor charges if the drug is Schedule IV (like Xanax)
- Felony charges for Schedule II drugs (like Adderall or painkillers)
Even one unprescribed pill can lead to serious consequences. Proving you had no intent to distribute and that it was a misunderstanding can be crucial in these cases.
Methamphetamine and Heroin Possession
These drugs are considered extremely dangerous by Georgia law:
- Under 1 gram: Felony with up to 3 years in prison
- 1–4 grams: Up to 8 years
- 4–28 grams: Up to 30 years
Meth and heroin charges often involve additional complications, such as parole violations or mandatory rehab. You’ll need a defense lawyer who understands how to build a case that emphasizes rehabilitation over incarceration.
Legal Defenses to Drug Charges
No matter the drug or the quantity, first-time offenders have several potential defenses:
- Illegal Search and Seizure: If police didn’t have a valid warrant or probable cause, the evidence may be suppressed.
- Lack of Knowledge: If you didn’t know the drugs were in your vehicle, bag, or apartment, the charges might not stick.
- Improper Evidence Handling: Mistakes in the chain of custody or testing procedures can lead to dismissal.
- Entrapment or Misidentification: In undercover operations, defendants may be coerced or misidentified.
First-Offender and Diversion Options in Georgia
Georgia offers hope for rehabilitation through alternatives to prison:
- Pre-Trial Diversion Programs: Available in Chatham County for certain nonviolent offenders, these programs involve drug education, testing, and community service. Successful completion can result in no conviction.
- Conditional Discharge (O.C.G.A. § 16-13-2): Judges can defer adjudication and dismiss the charges if you complete probation.
- Drug Court: A structured program of treatment, court check-ins, and monitoring. It’s demanding, but better than jail and can avoid a felony conviction.
Why First-Time Offenders Should Hire an Attorney Immediately
The outcome of your case may depend on how soon you get experienced legal help. An attorney can:
- Fight for reduced or dismissed charges
- Protect your constitutional rights during the investigation
- Prevent self-incrimination or unintended mistakes
- Negotiate for diversion instead of jail time
- Build a case for rehabilitation, not punishment
At the Law Offices of Harold J. Cronk, we believe one mistake shouldn’t define your future. We understand the courts in Savannah and know how to work with local prosecutors, drug court judges, and treatment providers to get you the best possible outcome.