Drug Trafficking Charges

Narcotics Criminal Defense Attorneys Marietta, GA

O.C.G.A. § 16-13-31 Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine; Penalties

According to O.C.G.A. § 16-13-31, it is illegal to sell, deliver, manufacture or transport illicit narcotics and controlled substances without a permit. In Georgia, possessing a large amount of controlled substances or illegal narcotics is also a drug trafficking offense. All drug trafficking criminal offenses are felonies and carry mandatory minimum prison sentences and hefty fines. Mandatory minimum prison sentences are based on the weight of the controlled substance found in the person's possession.

An Overview of Georgia Drug Trafficking Penalties

In Georgia, all drug trafficking criminal charges are felony offenses. The amount of the controlled substance or illegal narcotics will affect the severity of the punishments if convicted. 

Schedule I or Schedule II Drug Traffic Penalties:

The penalties for trafficking Schedule I or Schedule II drugs and controlled substances are 5-30 years in prison. Subsequent Schedule I and Schedule II drug traffic convictions are punished with a prison sentence of 10 to 40 years or life in prison.

Schedule III, IV, or V Drug Traffic Penalties:

Trafficking Schedule III, IV, or V controlled substances, or illegal narcotics is punished with a prison sentence of 1 to 10 years in prison. Subsequent Schedule III, IV, or V drug traffic convictions are punished with 1 to 10 years in prison.

Cocaine Trafficking in Georgia

In Georgia, a person commits the crime of cocaine trafficking when they sell, deliver, manufactures, possess, or transport 28 grams or more of cocaine or a cocaine mixture with a purity of 10% or more into the state of Georgia.

If the quantity of the cocaine or the cocaine mixture found weighs 28 grams or more but is under 200 grams, the defendant faces a mandatory minimum prison sentence of 10 years and will be fined up to $200,000.00.

For quantities of cocaine or cocaine mixture of 200 grams or more, but no more than 400 grams, the defendant faces a mandatory minimum prison sentence of 15 years and a fine of up to $300,000.00.

If the amount of the cocaine or cocaine mixture found on the defendant is 400 grams or more, the defendant faces a mandatory minimum prison sentence of 25 years and a fine of $1 million.

Morphine or Opium Trafficking in Georgia

A person is guilty of committing drug trafficking when caught possessing, manufacturing, selling, delivering, or transporting 4 grams or more of morphine or opium (heroin) or 4 grams of a mixture containing morphine or opium (heroin). 

The punishment for possessing between 4 grams and 14 grams of morphine or opium (heroin) is 1 to 5 years in prison, a fine of up to $50,000.00, or both. 

The penalty for possessing 14 grams to 28 grams of morphine or opium (heroin) is a mandatory minimum prison sentence of 10 years, a fine of up to $100,000.00, or both. 

Possessing 28 grams or more of morphine or opium (heroin) carries a mandatory minimum prison sentence of 25 years, a fine of up to $500,000.00, or both.

Marijuana Trafficking Penalties in Georgia

If an individual is caught possessing, selling, manufacturing, growing, delivering, or bringing into Georgia ten or more pounds of marijuana will be charged with trafficking in marijuana. 

Possessing between ten to 2,000 pounds of marijuana is punished with a mandatory minimum prison sentence of 5 years, a fine of up to $100,000.00, or both. 

Trafficking between 2,000 to 10,000 pounds of marijuana is penalized with a mandatory minimum prison sentence of 7 years, a fine of $250,000.00, or both. 

Holding 10,000 pounds or more of marijuana is punished with a mandatory minimum prison sentence of 15 years, a fine of $1 million, or both.