Georgia, like the federal government, employs a system to categorize controlled substances. This classification system is foundational to how drug offenses are prosecuted and penalized. Understanding where different substances fall within this legal structure is important for all residents.
Understanding Georgia Drug Schedules
The Georgia Controlled Substances Act establishes five categories for classifying regulated drugs, known as schedules. These classifications rank substances from Schedule I to Schedule V based on a substance’s potential for abuse, its accepted medical use, and the likelihood of causing dependence. Schedule I is the most restrictive category, for drugs with a high potential for abuse and no accepted medical use. Schedule II substances also have a high potential for abuse but may have limited medical applications. Schedules III, IV, and V include substances with progressively lower potentials for abuse and dependence and have recognized medical uses.
How Ecstasy is Classified in Georgia
In Georgia, ecstasy, scientifically known as 3,4-methylenedioxymethamphetamine or MDMA, is listed as a Schedule I controlled substance under O.C.G.A. § 16-13-25.1Justia Law. Georgia Code § 16-13-25 (2024) – Schedule I This classification means the state has determined it has a high potential for abuse and no currently accepted medical use. This designation is the most serious a drug can receive and triggers the most severe penalties.
Georgia Penalties for Ecstasy Possession
Under Georgia law, possessing any amount of ecstasy is a felony offense. The legal framework in O.C.G.A. § 16-13-30 outlines a tiered punishment system based on the weight of the substance.2Justia Law. Georgia Code § 16-13-30 (2024) – Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties
For possession of less than one gram, a conviction carries a prison sentence of one to three years. If the amount is one gram or more but less than four grams, the prison term increases to one to eight years. Possessing four grams or more, but less than 28 grams, can result in a sentence of one to fifteen years. A felony conviction also includes a mandatory driver’s license suspension of at least six months for a first offense.
Georgia Penalties for Ecstasy Sale or Trafficking
The penalties for manufacturing, distributing, or selling ecstasy are significantly more severe than those for simple possession. A first-offense conviction for the sale or possession with intent to distribute a Schedule I drug is a felony punishable by five to thirty years in prison. A second or subsequent conviction can lead to a sentence of ten to forty years, or even life imprisonment.
When the quantity of ecstasy involved reaches 28 grams or more, the offense is elevated to drug trafficking under O.C.G.A. § 16-13-31.1.3Justia Law. Georgia Code § 16-13-31.1 (2024) – Trafficking in ecstasy; sentencing; variation Trafficking charges come with mandatory minimum prison sentences and substantial fines that escalate based on the weight of the drug.
For trafficking 28 grams or more, but less than 200 grams, the penalty is a prison term of three to 30 years and a fine between $25,000 and $250,000. If the amount is 200 grams or more, but less than 400 grams, the sentence increases to a term of five to 30 years in prison, with a fine between $50,000 and $250,000. For trafficking 400 grams or more, the penalty is a prison sentence of 10 to 30 years and a fine between $100,000 and $250,000.