Drugs and The Law For Parents and Teens

Alcohol and Drugs - the Legal Consequences

Brochure brought to you byThe Hall County Commission for Children and Families

Gainesville, Georgia

Teens face a difficult challenge in resisting the use of alcohol and other drugs. Parents and communities together can prevent drug use among youth.

Following are some basic components of a pledge a parent can make to keep their youth drug free.

1. Actively chaperone all underage parties in your home.

2. Do not serve or allow alcoholic beverages to be served or be on the premises at underage parties/activities in your home.

3. Make sure your home is drug free.

4. Do not permit any teenager who arrives or appears to be intoxicated to drive and alert their parents of their condition.

5. Call parents about your children. Know the parents where your child is going and encourage those parents to call you. Network with other parents.

Other basics:Know where your child is going.

Know whom your child is with.

Know what your child is doing.

Know when they will be home and be awake when they arrive.

Know what the consequences are if the rules are broken. Make lists or contracts with clear expectations spelled out. Put in a prominent place like the refrigerator. Make rules before problems start and be sure your youth are involved in the process.

It is not pestering, it’s just good parenting.

Parents Can Make A DifferenceParents Working Together Make a Difference in the Lives of Children

Spend as much time together as you can. Look for “teachable moments” when you can process information with your child.

Questions asked by TeenagersWhen is a teenager considered an adult?You will be charged as an adult the day you turn 17 years old.

Will a minor convicted of pushing drugs get off easily because he is not an adult?No. You can be sentenced to serve time in a juvenile detention center. You could also be sent to live at a facility away from your home for two years.

Is it possible for a person under 18 to go to prison for injuring someone else while driving under the influence of alcohol?Yes, if that person is 17 years old and by driving under the influence causes serious bodily harm to another person, the punishment is up to 15 years in prison. If that person is 16 years old or younger, they might have to serve time in detention or be sent to live in a place away from home for two years.

Is drinking alcohol in a public place, regardless of who purchased it, against the law?Yes, consumption and/or possession is the offense, not how possession was obtained or the manner it was acquired. It does not matter how much alcohol you have in your possession.

Is it legal for a minor to buy any alcohol if he has his parent’s permission?No, it is never legal for a minor to buy any alcohol, or to attempt to purchase alcohol.

What is the penalty for possessing marijuana? If you are 17 or older, possessing less than an ounce of marijuana could cost you a fine of up to $1000 and/or up to 12 months in jail. Upon the second offense, your fine will likely increase and the likelihood of jail time will increase. You could also be placed on probation with many restrictions and additional fees. If you are convicted of possession of marijuana, your driver’s license will be suspended for 6 months, even if you were not driving when you were caught with the marijuana. If you are under age 16, your ability to even get a license will be delayed. Possession of more than one ounce of marijuana is a felony, punishable up to 10 years in prison.

Is it legal to purchase or possess drug paraphernalia?No, possession of drug paraphernalia is a crime. A third conviction for possession of drug related object is a felony, and is punishable up to 5 years in prison.

If I am stopped for a traffic violation, can the car and its occupants be searched? Will I be responsible if someone in my car has marijuana in his possession?Yes, if the police officer has reasonable grounds to search the car, or intends to impound it, the entire car, including the trunk, may be searched. You may be responsible if someone in the car has illegal drugs or alcohol and you know it.

If there were traces of marijuana found in my possession, could I be convicted of possession of a controlled substance?If there is enough of the substance to test to determine what it is, there is enough to convict you, even if it is all consumed in the test, or even if you are merely holding a few marijuana seeds.

Questions asked by ParentsIf my child injures someone while driving under the influence of alcohol, can I be held liable?If you allow your child to drive a family owned vehicle, and your child injures someone as a result of consuming alcohol or drugs, you could be liable in civil court for damages.

Am I responsible for minors using alcohol in my home?Yes, you may be brought to court on criminal charges and for monetary damages in case of a civil suit when alcohol or other drugs are used by minors (with the exception of your own children if you are home) on your own private property.

Can the court system help me if I cannot control my child who is using drugs?Yes, a minor beyond the control of his parents may be deemed “unruly” and subject to the jurisdiction of the juvenile court, if the child is not yet 18 years old.

Jurisdiction of the Courts

Possession or Consumption of Alcohol under 21• Driving under the influence of alcohol and/or drugs• Possession of marijuana weighing less than one (1) ounce. • Possession of Drug Paraphernalia (1st and 2nd offenses)• Providing alcohol to a minor. • Possession of Dangerous Drug (certain prescribed medication without the appropriate prescription.) •

Any person 17 years of age or older is consid-• ered an adult in the State of Georgia

Any person under 17 years of age is considered • a juvenile by the law of the State of Georgia There are certain serious, violent crimes which would cause a juvenile 13-16 to be charged as, and prosecuted as an adult.

T Y P E S O F O F F E N S E SMisdemeanorsMISDEMEANORS are offenses punishable with confinement of up to one (1) year in the County Jail, and a fine up to $1000 ($5000 in some circumstances). These are some misdemeanors:

FELONIES are offenses punishable with confinement of more than one (1) year in the State Prison. These are some felonies:

Possession of any amount of any illegal drug (with • exception to marijuana less than once ounce): including, but not limited to: Cocaine – powder form, purity varies, “Crack” – rock form of cocaine – usually 100% pure, “Crank” – Methamphetamine (meth) powder or solid, Mescaline (mesc) is a hallucinogenic like LSD, LSD, PCP “Angel Dust”, Ecstasy, Uppers, Downers.

Possession of more than one ounce of marijuana• Accident with Serious injury or Vehicular Homicide (to cause a death of a person while you are operating any motor •

vehicle while under the influence of alcohol or other drugs). If you commit a felony, the record will be there • FOREVER. No amount of good conduct can erase it. Rights that are

enjoyed by other citizens are taken away from convicted felons. If convicted of a felony, you... Cannot hold public office. Will not be allowed to vote. Could be denied admission to professional schools such as medical, law, or dental. Might not be able to secure a surety bond. May not be allowed to take the Civil Service examinations. Could be excluded from military service and military academies. May not be allowed to become a resident of any other country. May not be issued a passport. Could be denied a license by the state for certain professions which require state licensure.

Here is a summary of the Georgia laws pertaining to the possession and use of alcohol and other drugs by minors, and to adults responsible for the use of alcohol and other drugs by minors. For more information please contact your attorney or local law enforcement agencies.

Possession of Alcohol Under 21 • - Any person under the age of 21 who has alcohol in his or her possession or has consumed alcohol may be guilty of a delinquent offense or a misdemeanor. It is also illegal to attempt to purchase alcohol, including with a fake ID. O.C.G.A. § 3-3-23. If you attempt to purchase alcohol with a fake ID, your license may be suspended for at least 6 months the first time, and 1 year the second time. O.C.G.A. § 3-3-23.1.

Furnishing Alcohol to Minor• - It is unlawful for any person to furnish alcohol to a person under 21 years old. O.C.G.A. § 3-3-23.

Felonies

Driving Under the Influence• - It is illegal for any person to operate any motor vehicle while under the influence of alcohol or any other drug to the extent it would be less-safe to drive than if the alcohol or drug had not been consumed. It is illegal for adult to drive with a Blood Alcohol Level (BAC) of 0.08 or higher. For drivers under the age of 21, it is illegal to drive with a BAC of 0.02 or higher. A first offense requires no less than 24 hours in jail, a minimum fine of $600, 40 hours of community service, DUI School and a whole year on probation. Subsequent offenses result in more jail time and intensive probation. O.C.G.A. 40-6-391. For a first offense for DUI for a driver under 21, results in a suspension of his/her driver’s license for 1 year. A second offense also requires a 1 year suspension, and the installation of an Interlock Device. The third offense results in the driver being declared a Habitual Violator. Once a person is declared a Habitual Violator, the simple act of driving a vehicle becomes a felony punishable up to five years in prison.

Other Relevant Laws

Contributing to the Delinquency of • a Minor- A person commits the offense of contributing to the delinquency of a child when he/she knowingly or willfully encourages, causes, abets, connives or aids a minor in committing a delinquent or illegal act. The first two offenses of contributing to the delinquency of a minor are misdemeanors. Subsequent offenses would be treated as felonies. O.C.G.A. § 16-12-1.

Parental Responsibility for Intentional • Acts of Children – Under some circumstances, parents may be required to pay restitution of up to $2500 for intentional damage caused by their children, as well as possible civil court damages.

Parental Responsibility Minor Driving an • Automobile – No person shall knowingly allow a person under 18 to drive a motor vehicle in violation of Georgia Traffic Law. O.C.G.A. § 40-5-123.

Possession of Marijuana • - It is unlawful for any person knowingly or intentionally to possess marijuana. Possession of one ounce or less of marijuana is a misdemeanor. O.C.G.A. §16-13-2. If convicted, your license will be suspended for a minimum of six months for the first offense, three years for the second offense, and five years for the third offense, even if you were not driving at the time you were caught with the marijuana. Possession of any amount of marijuana over one ounce is a felony, punishable to up to 10 years in prison. O.C.G.A. §16-13-30.

Georgia Tobacco Statutes • - Possession or purchase of cigarettes or any tobacco related object by a person under 18 is illegal. It is also illegal to misrepresent your age or falsify any identification for the purpose of purchasing any tobacco. It is illegal for any person to provide, advise counsel or compel any minor to use any type of tobacco. O.C.G.A. §16-12-171.

“Huffing” –• It is a misdemeanor to intentionally inhale the fumes from any model glue, cement, solvent, or chemical substance for the purpose of causing intoxication, stupefaction, euphoria, excitement, exhilaration or dulling of the senses of the nervous system. O.C.G.A. § 16-13-90 -91. It is illegal for any person under 18 to possess any of the above substances unless it is for model building or other legal reason. O.C.G.A. § 16-13-93 and O.C.G.A. § 16-13-96.

There are consequences for poor choices.Law Enforcement

LeadersCourt Officials Responsible for Cases Involving Juveniles

Sheriff Steve CronicHall County Sheriff’s Department

Larry BaldwinSolicitorHall County State Court

Judge Cliff JolliffHall County Juvenile Court

“The Hall County Sheriff’s Office , School Based Program’s Motto is (Advancing Our Future One Child at a Time). The Sheriff’s Office has 18 officers assigned to the school system working daily with our youth providing positive role models and insuring our children have the knowledge to make the right choices.” “Remember, the choices we make today determine the person we’ll be tomorrow”.

Chief Frank HooperGainesville Police Department

“Drug and alcohol abuse is a great concern for our entire community. We must all work together as a community to combat this serious problem which robs our youth and us of our future. Awareness as a parent is not a requirement it is an obligation.”

“In 17 years as a juvenile court judge, I have seen drugs and alcohol severely impact too many teens, and in some cases, drugs and alcohol killed them.”

“When teenagers choose to use alcohol or illegal drugs they need to realize that they are risking their driver’s license, their future, their freedom and even their lives. If they stop and ask themselves ‘Is it worth the risk?’ They will realize the answer is no.”

“The use of illegal drugs by teens or adults leads to nothing but despair and trouble. Life has so much to offer. Why waste it on something so damaging to your well being?”

Lee Darragh, District AttorneyNortheastern Judicial Circuit

To Make a Report or to Seek HelpIn the City:Police Department Main Line: 770-534-5252Criminal Investigations Division “Tip Line” Spanish/English: 770-534-5254 Ext. 7654

In the County:Sheriff’s Department Main Line: 770-531-6900Criminal Investigations Division: 770-531-6879

Other Important Numbers:Hall County Multi Agency Narcotics Squad “Tip Line” English ONLY: 770-536-7157Hall County Central Communications Non-Emergency Number: 770-536-8812Hall County Juvenile Court 770-531-6927

FOR EMERGENCY:Call “911” Service Also Provided in Spanish Through “Language Line”

Websites:http://www.abovetheinfluence.comhttp://www.theantidrug.com

The Hall County Commission for Children and Families1050 Elephant TrailGainesville, GA 30501For more information, call 770-535-1050

http://centerpointgainesville.comhttp://www.hcccf.org