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Drug Possession With Intent to Distribute

Drug Possession With Intent to Distribute Defense Lawyers

The Georgia Controlled Substances Act

Under O.C.G.A. § 16-13-310(a), it is illegal to sell, possess, manufacture, distribute, deliver, or sell illegal narcotics or controlled substances with intent to distribute any controlled substance. The punishments handed down during sentencing are based on the type of drug, the amount of the drug found in the defendant's possession, and if the defendant had an intent to distribute. The prosecution must prove "Intent to Distribute" by showing that the defendant had more narcotics or controlled substances in their possession than he or she would possess for self-use. Also, the prosecution would also have to present evidence that the defendant intended to sell or distribute the drugs. Generally speaking, there will need to be some evidence of selling or distributing. 


An individual can be charged with intent to distribute even if law enforcement did not catch the defendant actually selling the illicit narcotics drugs or controlled substances. It is presumed that an individual possessing a large amount of controlled substances or illegal narcotics has the to distribute the drugs.


The sentences for drug manufacturing also depend on who was implicated in possession with the intent to distribute illegal drugs or controlled substances. For example, the penalties will be more severe if a minor is involved in the crime. Moreover, the punishments will also depend upon the type of drug possessed and the amount of the drug possessed.

In some drug crime cases, the court may deviate from the mandatory minimum sentences if a defendant:


  • Furnishes valuable information and assistance to police;
  • Did not possess or use a deadly weapon at the time of arrest;
  • Was not the leader of the criminal operation;
  • Did not cause bodily injury or death to another; or
  • Has no prior convictions on their criminal record;



If you or a member of your family has been arrested and charged with illegal drug possession with the intent to distribute in Georgia, you must speak with a Georgia Drug Crimes Attorney. A knowledgeable Georgia Intent to Distribute Drugs Lawyer will fight to reduce or dismiss the criminal charges.


possession of marijuana with intent to distribute georgia

What Must Be Proven at Trial By the Prosecution

To be convicted of possession with intent to distribute in Georgia, the State Attorneys must prove that the defendant actually possessed the illegal drug or controlled substance. In Georgia, there are two types of possession, actual or constructive.


In actual possession, the defendant was found with the drugs on them or within their control. To prove the defendant had constructive possession, the prosecution must prove that the suspect and the illicit drugs belong to the defendant, although the defendant may not have the drugs on them. For example, the drugs were locked up in a storage unit.

The Severity of the Possession With Intent to Distribute Illegal Drug Charges in Georgia

In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A § 16-13-2. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will determine which charges to file.


The penalties for "Possession with Intent to Distribute" are severe in Georgia. Generally, Georgia penalizes this crime with a prison sentence between one and fifteen years, depending upon the quantity and the type of drug. 

Driver's License Suspension

In Georgia, drug possession convictions may result in a suspension of the defendant's driver's license:


  • For first-time offenders, the defendant's driver's license will be suspended for up to six months.
  • Second convictions are punished with a driver's license suspension of up to one year.
  • A third or subsequent conviction for "Possession with Intent to Distribute" may result in a minimum two-year driver's license suspension.

Free Consultation with our Criminal Defense Attorneys

If you or a family member have been charged with a drug trafficking charge, call our experienced Drug Crime Lawyers for your free case review. Our drug defense attorneys know how to use Georgia drug trafficking laws to argue down drug trafficking criminal charges and work hard to reduce our clients' criminal charges while fighting for a dismissal of all charges.


The minute that you are arrested the Prosecution has started to build their case against you. Do not delay in starting your defense! Contact us today for a free, no obligation, consultation with our experienced criminal defense lawyers and protect your freedom.

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