Drug Trafficking Charges and Penalties in Georgia

Drug Trafficking Charges and Penalties in Georgia

Drug trafficking is a serious felony offense in Georgia, carrying strict penalties and mandatory minimum sentences depending on the type and amount of drug involved. This article provides an overview of Georgia’s drug trafficking laws, defenses, and potential penalties.

What Constitutes Drug Trafficking in Georgia?

Georgia’s drug trafficking laws make it illegal to manufacture, deliver, distribute, dispense, sell, or possess large amounts of controlled substances like cocaine, heroin, methamphetamine, and marijuana[1]. The key factor is the amount – possessing over a certain quantity of drugs invokes the trafficking statutes and their harsher penalties.

For example, you can be charged with cocaine trafficking for possessing just 28 grams of cocaine or a mixture containing at least 10% cocaine[2]. That’s barely over an ounce. Heroin, morphine and opium trafficking kicks in at only 4 grams[3]. Marijuana trafficking doesn’t start until you reach 10 pounds[1].

So you don’t have to be running a major drug cartel operation to face trafficking charges in Georgia. Even low-level dealers and users can get slapped with trafficking if they have too much product on them.

Penalties for Drug Trafficking Convictions

Georgia does not mess around when it comes to drug trafficking convictions. There are strict mandatory minimum prison sentences and massive fines[4]:

• Cocaine trafficking – 10 year minimum for 28-200g, 15 year minimum for 200-400g, 25 year minimum for 400g+
• Heroin, morphine, opium trafficking – 5 year minimum for 4-14g, 10 year minimum for 14-28g, 25 year minimum for 28g+
• Marijuana trafficking – 5 year minimum for 10-2,000 lbs, 7 year minimum for 2,000-10,000 lbs, 15 year minimum for 10,000 lbs+
• Methamphetamine trafficking – 10 year minimum for 28-200g, 15 year minimum for 200-400g, 25 year minimum for 400g+

In addition to the prison time, there are huge fines ranging from $100,000 to $1 million depending on the drug and quantity. And that’s just for a first offense – subsequent offenses can double the prison time and fines[5].

As you can see, Georgia does not play around with drug trafficking convictions. Even a relatively small amount of drugs can lead to a decade or more behind bars if you are found guilty.

Defenses Against Drug Trafficking Charges

Facing a potential decade or more in prison, it’s critical to mount an aggressive defense against drug trafficking charges. Here are some common defenses Georgia criminal lawyers use:

• Illegal search and seizure – If the police did not have probable cause or a warrant to search you, the drugs found may be excluded[6].
• Entrapment – If you were induced by police to commit a crime you otherwise wouldn’t, you may have a defense.
• Duress – If you were forced against your will to participate, you may not be culpable.
• No intent to distribute – Just possessing drugs is not enough for trafficking. The state must prove intent to distribute or manufacture.
• Wrong weight – Inaccurate scales may overstate the weight and quantity. Independent re-weighing may show you fall under the trafficking threshold.
• Misidentified substance – Lab tests may show the seized substance is not actually an illegal drug.
• Medical use – Valid prescriptions can serve as a defense for possessing otherwise illegal drugs.

An experienced Georgia drug crimes lawyer can analyze the specifics of your case and determine if any of these trafficking defenses may apply.

Avoiding Harsh Penalties Through Plea Agreements

Given the huge downside risk of decades behind bars, many defendants seek to avoid trial through plea agreements with reduced charges and/or sentencing recommendations.

For example, trafficking charges may get dropped down to simple possession, or the prosecutor may agree to recommend the low end of the mandatory minimums instead of the high end. While you give up your right to trial, avoiding 10+ year sentences may be worth it in many cases.

An attorney can negotiate with the prosecution on your behalf to secure the best possible plea deal terms. This can potentially keep years of prison time off your sentence.

Conclusion

Getting charged with drug trafficking in Georgia is extremely serious business. Even small amounts of drugs can lead to decade-long mandatory minimum prison sentences and massive fines if convicted. Mounting an aggressive legal defense and exploring plea bargaining options is critical.

An experienced Georgia drug crimes lawyer can fully explain the trafficking laws and penalties you face while working to get charges reduced or dismissed. Don’t leave your fate to chance – get professional legal help immediately if facing drug trafficking charges in GA.

References

[1] https://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-31

[2] https://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-31/16-13-31-1

[3] https://law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-31/16-13-31-2

[4] https://casetext.com/statute/code-of-georgia/title-16-crimes-and-offenses/chapter-13-controlled-substances/article-2-regulation-of-controlled-substances/part-1-schedules-offenses-and-penalities/section-16-13-31-trafficking-in-cocaine-illegal-drugs-marijuana-or-methamphetamine-penalties

[5] https://www.mygeorgiadefenselawyer.com/georgia-criminal-offenses-penalties/possession-intent-to-distribute/

[6] https://www.findlaw.com/criminal/criminal-rights/searches-and-seizures-the-limitations-of-the-police.html

https://www.justia.com/criminal/defenses/entrapment/

https://www.justia.com/criminal/defenses/duress/

https://www.shouselaw.com/ca/defense/legal-defenses/false-weights-and-measures/

https://www.deadiversion.usdoj.gov/pubs/manuals/pract/section5.htm

https://www.nolo.com/legal-encyclopedia/is-plea-bargain-fair.html