Georgia Drug Crimes

Drug Distribution and Manufacturing

Georgia law provides that any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:

• If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 years and shall pay a fine of $200,000.00.
• If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00.
• If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.

Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 10 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:

• If the quantity of marijuana involved is in excess of 10 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 5 years and shall pay a fine of $100,000.00.
• If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall pay a fine of $250,000.00.
• If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million.

Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:

• If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 years and shall pay a fine of $200,000.00.
• If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00.
• If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.

The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.

Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be punished by imprisonment for not less than five years and not more than 30 years, and by a fine not to exceed $1 million.

Possession with Intent to Distribute

Georgia law provides that it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.

Any person who violates this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 5 years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than 10 years nor more than 40 years or life imprisonment.

Any person who violates this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 10 years.

It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 10 years.

It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 10 years.

It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 5 years nor more than 20 years or by a fine not to exceed $20,000.00, or both.

Possession

It is unlawful for any person to purchase, possess, or have under his control any controlled substance.

Any person who violates this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 2 years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than 5 years nor more than 30 years.

Any person who violates this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 2 years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than 5 years nor more than 30 years.

Any person who violates this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 5 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than one year nor more than 10 years.

Significant Cases

• Pruitt v. State - Regular drug purchases and a buyer-seller relationship do not constitute a conspiracy to traffic in drugs.
• Green v. State - Aiding and abetting another person's actual possession can be enough evidence for a trafficking charge. Active participation in possession is enough, physical custody is not required
• Parris v. State - The state has the burden to prove that a possession with intent to distribute charge is more than just mere possession. Expert testimony is critical if there is no evidence of drug paraphernalia, scales, large amounts of cash, division of drugs into packages, or prior convictions.
• Bowens v. State - Delivery is included in the definition of distributing. Delivery is defined to include the "attempted transfer from one person to another." O.C.G.A. § 16-13-21(7). The transfer of drugs to another person is considered distribution.
• May v. State - A transaction that involves bartering goods or services for drugs is considered a sale; actual money does not have to be exchanged.
• Raftis v. State - Procuring drugs for another can constitute a drug sale.
• Evans v. State - Drugs do not have to be on one's person for actual possession as long as he or she has direct physical control of the substance.
• Williams v. State - The state must prove that a defendant possessed an illegal substance, but they do not have to produce the actual drugs.
• Cargile v. State - Trace of drugs in urine is enough to prove drug possession.

Our criminal defense attorneys have extensive experience in defending serious felony drug crimes in the metro areas of Atlanta, Athens, Macon, Savannah, Augusta, and in all other Georgia courts. Contact us if you need an Atlanta criminal lawyer who has successfully resolved alleged violations of Georgia drug laws.

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