Savannah, GA asked in Criminal Law for Georgia

Q: My brother just got his third felony drug charge of marijuana how much time is he facing?

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1 Lawyer Answer
Jamie B Hernan
Jamie B Hernan
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: As posted in response to your other similar posting:

There are just too many factors involved to answer that question in any sort of meaningful way. He is likely charged pursuant to Georgia Code section 16-13-30 which outlines the penalties involved. The Georgia Code can be viewed online at You will see that the range is significant.

Whether he faces the minimum, maximum, somewhere in between or has other viable defenses or options depends on many factors. Your brother really needs to have a qualified attorney in his corner handling his defense, especially considering his record. It is possible that the attorney could negotiate alternative sentencing (such as treatment in lieu of incarceration).

Georgia just made some significant changes to the drug laws here. For a blog posting on my firm's website (Governor Neal Signs Major Criminal Justice Reform Legislation), go to You can click on the actual bill that was passed, HB 1176, and see some of the changes that were made.

Again, I strongly suggest you contact an attorney as soon as possible on your brother's behalf.

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