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Conditional Discharge for Drug Offenses in Georgia
Chapters of the Code it cites
O.C.G.A. § 16-13-2 lets a court hold off on a conviction for a person with no prior drug conviction who pleads guilty to, or is found guilty of, possessing a narcotic drug, marijuana, or a stimulant, depressant, or hallucinogenic drug. With consent, the court orders probation of up to three years; if the terms are met, the case is dismissed without a conviction. It can happen once.
Who qualifies under § 16-13-2(a)
The statute applies when a person:
- “has not previously been convicted of any offense under Article 2 or Article 3 of this chapter or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs”; and
- “pleads guilty to or is found guilty of possession” of one of those substances.
The deferral starts after a plea or a finding of guilt, not at the charge. The court “may” grant it, so it is discretionary, and it requires “the consent of such person”. The offense is possession; the subsection does not reach a conviction for sale, distribution, or trafficking.
The probation terms
The court sets “reasonable terms and conditions”, “preferably terms which require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment,” for no more than three years.
Completion, violation, and the one-time limit
- Completion. “Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings”. The discharge is “without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.”
- Violation. “Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly.” No new trial is needed, because the plea or finding of guilt already happened.
- Once. “Discharge and dismissal under this Code section may occur only once with respect to any person.” A prior conditional discharge therefore blocks a second one, even though it was not a conviction.
Property crimes tied to addiction: § 16-13-2(c)
Subsection (c) extends the same procedure to a person “charged for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdiction over such offenses, were related to the accused’s addiction to a controlled substance or alcohol”, if the person is eligible for a court-approved drug treatment program. The differences:
| Possession, § 16-13-2(a) | Addiction-related property crime, § 16-13-2(c) | |
|---|---|---|
| Maximum probation | three years | five years |
| Condition before dismissal | completing the terms | completing the terms and "full restitution to all victims" |
| Consent | required | required |
| Employment | discharge is not a conviction for legal disqualifications | discharge "may not be used to disqualify a person in any application for employment or appointment to office" |
Limiting public access to the record
Under § 16-13-2(d), the defendant may ask at sentencing for the records to be restricted and the court file sealed. The court weighs “the public’s interest in the defendant’s criminal history record information being publicly available and the harm to the defendant’s privacy” and issues written findings.
Small amounts of marijuana
Separately, § 16-13-2(b) makes possession of one ounce or less of marijuana a misdemeanor, punishable by up to 12 months in jail, a fine of up to $1,000, or both, or up to 12 months of public works. The legal status of marijuana and other substances is covered in Georgia controlled substance schedules.
How it differs from first offender sentencing
Georgia’s First Offender Act is a broader deferral: it reaches offenses beyond drug possession when the defendant has not been previously convicted of a felony, and it has its own list of excluded offenses and its own one-time rule. A person facing a first possession charge may be eligible for either, and the two statutes have different conditions and record rules, compared in the Georgia First Offender Act.
Sources
- O.C.G.A. § 16-13-2(a)-(d) (2025 Georgia Code; no later amendment listed in the Legislative Counsel summaries for 2025 and 2026).
General information about Georgia criminal law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.