Violation of the Georgia Controlled Substances Act (VGCSA)
In Georgia, there a wide range of drugs which may never be possessed by a person, medicines which may only be possessed with a lawful prescription, and a few others which may be possessed by licenses and duly authorized scientific researchers under limited circumstances. The most common drug issues (besides alcohol) we see here at Georgia DUI & Criminal Defense, Inc. are marijuana possession, followed by methamphetamine, heroin, oxycodone (some brand names Percodan, Percocet and OxyContin), and alprazolam (brand name Xanax).
Marijuana, Low THC Oil, and CBD Oil in Georgia
It is now legal to have and use low THC (tetrahydrocannabinol) oil in Georgia if and only if you have a properly issued low THC oil registry card. The medical and psychiatric conditions which may be treated by low THC oil when issued by an authorized doctor may be found here. Besides low THC oil, and except for authorized scientific researchers in highly regulated and controlled circumstances, it is never legal to possess THC, cannabis or marijuana in any form. It is legal to possess and use cannabidiol or CBD oil and there are shops which are licensed to sell various CBD containing products.
While it is legal for adults to use marijuana recreationally in many states, as well as for medical reasons, that is not the case in Georgia. Thus, a resident of another state who operates a motor vehicle and is found to have marijuana in their body after an otherwise lawful stop may find themselves under arrest, and later possible convicted, for Driving Under the Influence. In Georgia, the present law makes it illegal to drive with any amount of marijuana in a person's body even if that marijuana was used days or weeks before and had no adverse influence on the person's ability to drive.
DUI Drugs in Georgia
And, even when a person has a prescription for a drug, if taking that drug impairs their ability to drive even a little bit, then they must not do so. In Georgia, whether you have a prescription or not, it is illegal to drive under the influence of any substance that makes you a less-safe driver. Therefore, it is important that you read the prescription labels of any medications you are taking. Additionally, consult with your doctor and pharmacist as to the proper way to take any medications and be sure they are aware of any adverse reactions you may be having.
The laws proscribing what drugs may be possessed and how they may be used are extensive and complicated. But, even when you find yourself charged with Violating the Georgia Controlled Substance Act (VGCSA), there may be defenses to the subsequent criminal prosecution. A skilled defense lawyer can and will look at legal issues like whether the police had articulable reasonable suspicion to stop or detain you, and whether even after a lawful stop or detention, they had probable cause to make and arrest. And those are just a few of the things a skilled criminal defense attorney can and should do for you.
If you are in trouble for illegal use of drugs or medications in Georgia, give attorney Alan J. Levine at Georgia DUI & Criminal Defense a call or email. Alan spent over six years prosecuting cases just like the one you're facing now, and he was a Cobb County Magistrate Judge as well, reviewing arrest and search warrants. Now, he's on your side. Let's get to work and get you your life back. 678-DUI-HELP or 678-384-4357. Email: [email protected]