Legal Video Library

Drug Possession and Trafficking Defined Under Georgia Law

• Drug possession involves knowingly having control over an illegal substance, either on your person or within your reach.

• Drug trafficking is charged based on the quantity of drugs, not whether drugs were sold.

• Georgia law treats trafficking as one of the most serious drug offenses, often carrying mandatory prison sentences.

• Charges and penalties vary depending on the type of drug, amount, and prior criminal history.

Penalties for Drug Possession

• Misdemeanor Possession:

  • Small amounts of marijuana (under 1 ounce).

  • Punishable by up to 12 months in jail and fines.

• Felony Possession:

  • Cocaine, heroin, methamphetamine, fentanyl, prescription drugs without a valid prescription.

  • Punishable by 1 to 15 years in prison, depending on the substance and circumstances.

• Enhanced penalties may apply if possession occurs near a school, park, or involves prior convictions.

Penalties for Drug Trafficking

• Trafficking charges are based strictly on weight thresholds set by law.

• Mandatory minimum prison sentences apply, often with no probation or parole eligibility.

• Examples include:

  • Cocaine or Methamphetamine: 10, 25+ years depending on weight.

  • Marijuana: Trafficking charges begin at higher weight thresholds and still carry mandatory prison time.

  • Heroin or Fentanyl: Extremely harsh penalties due to overdose risk.

• Fines can range from $100,000 to $1,000,000, depending on the drug and quantity.

How Prosecutors Decide Which Charge Applies

• The weight of the substance, including packaging, is a major factor.

• Lab testing determines drug type and quantity.

• Prosecutors examine whether the drugs were for personal use or distribution, though intent to sell is not required for trafficking.

• Prior drug convictions can increase sentencing exposure.

Common Defenses Clients Should Know

• Illegal search or seizure: Drugs found during an unlawful stop or search may be suppressed.

• Lack of possession: Drugs did not belong to the accused or were not within their control.

• Chain of custody issues: Mishandling or gaps in evidence tracking.

• Lab testing errors: Incorrect weight, contamination, or unreliable testing procedures.

• Entrapment: Law enforcement induced conduct that would not otherwise have occurred.

Why This Matters

• Drug trafficking convictions carry mandatory prison sentences that judges often cannot reduce.

• Even simple possession can result in a felony record, affecting employment, housing, and education.

• Early legal intervention can lead to charge reductions, suppressed evidence, or alternative sentencing options.

• Challenging drug weight, testing, and police conduct is often critical to defending these cases.