In Georgia, laws prohibiting the possession, sale, or intent to distribute marijuana and certain other drugs are codified as the Georgia Controlled Substances Act. The law categorizes drugs into five “schedules”. Schedule I drugs have no currently accepted medical use and include heroin, LSD, and MDMA (ecstacy). OCGA 16-13-25. Schedule II includes drugs which have a high potential for abuse and dependence, but may have some recognized medical use under severe restriction, such as cocaine, methamphetamine, oxycodone (Percocet) and hydrocodone (Vicodin, Lortab). OCGA 16-13-26. Schedules III, IV and V, include a wide range of drugs with a lower potential abuse and may be possessed when lawfully prescribed, such as Ketamine, Alprazolam (Xanax), Clonazepam, Diazepam (Valium) and Carisoprodol (Soma) OCGA § 16-13-27, 16-13-28, 16-13-29. Any amount of marijuana (even residue in a pipe) is unlawful to possess in Georgia.

So what is possession? The law recognizes two kinds of possession: actual possession and constructive possession. A person who knowingly has direct physical control over a thing at a given time is in actual possession of it. For instance, if cocaine is found in your pants pocket...that’s evidence of actual possession. Or, if a person does not physically possess it, but knowingly has both the power and the intention to exercise authority or control over the drugs then he has constructive possession of it.

The penalties for drug convictions in Georgia can be severe:

  • Possession of one ounce or less ofmarijuana: misdemeanor (up to 12 months in jail)

  • Possession of greater than one ounce of marijuana: felony (up to ten years in state prison)

  • Sale or possession with intent to distribute of marijuana: felony (up to ten years in prison)

  • Trafficking (possession of 10 pounds or more of marijuana): felony (from 5 to 30 years in prison)

  • Possession of cocaine, methamphetamine, hydrocodone, oxycodone: felony (from 2 to 30 years in prison)

  • Sale or intent to distribute any amount of cocaine, methamphetamine, hydrocodone, oxycodone: felony (5 years to life in prison)

  • Trafficking (28 grams or more of cocaine or methamphetamine): felony (10 to 30 years in prison)

  • Your property (money, vehicles) can be seized by the government if connected to the unlawful possession or sale of drugs!

Drug Possession


Following routine traffic stop, client’s vehicle was searched by police and pills located in the center glove box which did not belong to him. After investigation K&R obtained proof that the pills did not belong to client and that client had not knowingly possessed them. Evidence was presented to the District Attorney, who dismissed the charges before case ever presented to a grand jury.

- Gilmer County, 2019
Drug Possession; Obstruction


Following a noise complaint at Cobb County motel room, police brutally assaulted innocent woman on walkway before making an unlawful forced entry into the motel room. Kilgore and Rodriguez obtained evidence proving the police search of room was illegal and the obstruction arrest was false. When the police misconduct challenged in court, all charges dismissed.

- Cobb County, 2018
Possession of Drugs


Man visiting family from out of state gets lost driving through Marietta and was confronted by police because they thought he was suspicious. Police searched through his pockets without valid consent and discovered narcotics. K&R challenged the search in court and the judge threw out the narcotics evidence because police officer violated client’s constitutional rights.

- Cobb County, 2017
Manufacturing Drugs


Young lady falsely arrested for possessing and manufacturing a Schedule I Controlled Substance. Investigation by K&R established that the drugs actually belonged to her former boyfriend. Young lady was able to keep her job, keep her home, and walk away completely exonerated.

- Cherokee County, 2017

Our philosophy: Seek to have the evidence suppressed or excluded by finding where police violated the defendant’s constitutional rights in the way his person or property was searched, or in how the contraband was seized. Evidence of marijuana or other drugs can be thrown-out if it was discovered or seized from a person, vehicle, home, hotel room, purse, or cell phone in a way that violated the defendant’s Fourth Amendment Constitutional right to be free from unlawful search and seizure. No evidence = NOT GUILTY.

But even if there is no basis which requires that the evidence be suppressed, we look for any possible factual or legal defenses to challenge the criminal charges:

  • Did others have equal access to drugs found in the car or residence?

  • Is the evidence of possession mere spatial proximity?

  • Is there a legal presumption that contraband belonged to someone else?

  • Were the drugs found in someone else’s clothing, car, or apartment?

  • Was the defendant merely present in the vehicle or room when drugs found?

  • Can the State prove that seized material is actually contraband?

  • Can State prove you were the person in video?

  • Can State prove you had knowledge that drug present or intent to possess or distribute?

  • Does the defendant have a lawful prescription?

  • Are drug treatment options a viable alternative?

Our Goal: Our priority in drug cases never changes – get the evidence excluded, get the case dismissed, and keep our clients out of jail.


What Our Clients Are Saying


“I could have lost my home, my job and everything that goes with it. I met with a few lawyers and chose Kilgore & Rodriguez after meeting with Carlos Rodriguez. I had never been arrested before. After meeting with these two attorneys I was assured I would be pleased with the outcome if I would follow their counsel… Now it's over and I write this not only to thank them but to let it be known these are serious men who did what they said they would do and took very good care of me.” — Client