Georgia Cocaine Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 08, 2024
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The possession, sale, and trafficking of a controlled substance is illegal in all states. This includes laws against the possession of cocaine. As with most federal and state drug laws, cocaine charges are more severe charges for possession of marijuana. That's because cocaine is one of the more dangerous drugs. It has a high potential for physical dependence and can lead to long-term addiction.
Georgia's cocaine laws are strict. Georgia's criminal code makes it a felony for someone to have any amount of cocaine. You could end up in prison for up to 15 years for your first offense. To give you an idea of how strict Georgia's drug laws are, actual possession of more than 28 grams (1 ounce) of cocaine (a Schedule II drug) leads to charges of cocaine trafficking since the amount shows intent to sell.
While the sale of cocaine is a felony in the State of Georgia, punishable by five to 30 years in prison, a first-time offender may not serve as much time but still must serve a minimum one-year term. A second offense may result in a prison term of up to 40 years. Selling cocaine (or any illicit drugs) within a school zone, possessing a firearm, having a child present, and other aggravating factors will increase the penalty.
Does Georgia Have a Drug Court Program?
Like most other states, Georgia has "accountability courts" (drug courts) to help ease the strain on prison resources and help people with addiction access recovery programs. Georgia's accountability courts offer drug abatement programs (counseling, etc.) for first-time offenders and are accessible in some but not all Georgia counties. Use the Georgia Accountability Court Directory to find one near you.
Georgia's Cocaine Laws at a Glance
Learn more about Georgia cocaine laws in the following chart. See FindLaw's Drug Charges section for more articles and resources.
Code section | O.C.G.A. §16-13-20, et seq. |
---|---|
Possession | Georgia law considers possession of over 28 grams of cocaine as drug trafficking. A possession charge of any amount is a felony and may lead to a mandatory minimum sentence of two to years in prison. Subsequent offenses can lead to a prison sentence of five to 30 years. |
Sale and distribution | Felony: 5-30 years; subsequent convictions: 10-40 years. |
Cocaine trafficking | If the police catch you with 28-200 grams, the judge will issue a mandatory sentence of ten years and a fine of $200,000. For a drug possession case involving 200-400 grams, the penalty is a mandatory 15 years in prison and a fine of $300,000. If you have over 400 grams of cocaine on you, you’ll face a mandatory minimum sentence of 25 years and up to $1,000,000 in fines. |
More penalties for drug violations |
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Disclaimer: State laws change constantly. Contact a Georgia drug crime attorney or conduct legal research to verify your state laws.
Charged Under Georgia Cocaine Laws? Get Legal Help
While most states have been softening their drug laws, the consequences of a drug conviction can still be severe. If you're facing criminal charges for the possession or sale of cocaine or for dispensing a dangerous drug in Georgia, contact a local drug crime lawyer.
Your criminal defense attorney will do their best to devise a strong defense. The state must prove its case against you beyond a reasonable doubt, even if you have prior convictions for drug offenses. Your defense lawyer's job is to poke holes in their case and secure an acquittal or favorable plea deal.
Georgia Cocaine Laws: Related Resources
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Georgia attorneys offer free consultations for Drug Crime.
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