Marietta Drug Charge Lawyer

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(770) 693-4358
36 Ayers Avenue
Marietta, GA 30060

Marietta Drug Charge Lawyer

Are you in need of a Marietta drug charge lawyer? You want someone with a wealth of courtroom experience and a proven track record of success. You want Kilgore & Rodriguez, a pair of Marietta drug charge lawyers with years combined legal experience.


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 (ecstasy).

Schedule II includes drugs that 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).

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).

Any amount of marijuana (even residue in a pipe) is unlawful to possess in Georgia.


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.

If a person is not in physical possession of a drug, but knowingly has both the power and the intention to exercise authority or control over it, he has constructive possession of it.


The penalties for drug convictions in Georgia can be severe:

  1. Possession of one ounce or less of marijuana: misdemeanor (up to 12 months in jail)
  2. Possession of greater than one ounce of marijuana: felony (up to 10 years in state prison)
  3. Sale or possession with intent to distribute of marijuana: felony (up to 10 years in prison)
  4. Trafficking (possession of 10 pounds or more of marijuana): felony (from 5 to 30 years in prison)
  5. Possession of cocaine, methamphetamine, hydrocodone, oxycodone: felony (from 1 to 30 years in prison)
  6. Sale or intent to distribute any amount of cocaine, methamphetamine, hydrocodone, oxycodone: felony (5 years to life in prison)
  7. Trafficking (28 grams or more of cocaine or methamphetamine): felony (minimum of 10 to 25 years in prison)
  8. Your property (money, vehicles) can be seized by the government if connected to the unlawful possession or sale of drugs.


The Marietta drug charge lawyers at Kilgore & Rodriguez employ a simple philosophy in drug cases. We seek to have the evidence suppressed or excluded by finding where police may have 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 right to be free from unlawful search and seizure. No evidence equals not guilty.

When there is no basis for requiring that evidence be suppressed, the Marietta drug charge lawyers at Kilgore & Rodriguez look for any possible factual or legal defenses to challenge the criminal charges.

  1. Did others have equal access to drugs found in the car or residence?
  2. Is the evidence of possession mere spatial proximity?
  3. Is there a legal presumption that the contraband belonged to someone else?
  4. Were the drugs found in someone else's clothing, car, or apartment?
  5. Was the defendant merely present in the vehicle or room when the drugs were found?
  6. Can the State prove that seized material is actually contraband?
  7. Can the State prove you were the person in video?
  8. Can the State prove you had knowledge that drugs were present, or that you had intent to possess or distribute them?
  9. Does the defendant have a lawful prescription?
  10. Are drug treatment options a viable alternative?

At Kilgore & Rodriguez, our priority in drug cases is always the same: get the evidence excluded, get the case dismissed, and keep our clients out of jail. If you've been arrested on drug charges, call the skilled and experienced Marietta drug charge lawyers at Kilgore & Rodriguez today.