Georgia Drug Manufacturing Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 25, 2024

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Georgia's drug laws, including those governing sentencing, are some of the strongest in the nation. These laws also break down drug manufacturing offenses by the type of drug and their weight. When it comes to drug manufacturing, Georgia law requires that the state prove the defendant had the intent to distribute.

In recent years, lawmakers in the State of Georgia have started to crack down on drug trafficking and manufacturing, focusing on illegal drugs like fentanyl. This means that law enforcement and the courts are strict regarding drug crimes.

This article will get you up to speed on what the state is doing to regulate drug manufacturing. Read on to learn more about Georgia’s drug manufacturing laws and the penalties associated with these offenses.

Georgia Controlled Substances Act

The Georgia Controlled Substances Act (O.C.G.A. § 16-13-1, et seq.) regulates drug crimes in Georgia. This law prescribes the minimum prison sentences for various felony offenses and defines what qualifies as illegal substances under Georgia law.

The table below explains this act in more detail. The Georgia Controlled Substances Act applies to all drug possession, sale, and manufacture crimes. With few exceptions, violations of this act result in felony offenses, not misdemeanors.

According to Georgia law, it is illegal to manufacture the following types of drugs:

  • Schedule I drugs: These drugs have a high potential for physical dependence and abuse. There are no accepted medical uses for these substances. Examples of these drugs include heroin, LSD, and ecstasy.
  • Schedule II drugs: These drugs are almost as dangerous as those in Schedule I. They have a high risk of abuse and dependence. Schedule II drugs include cocaine, fentanyl, and methamphetamine.
  • Schedule III drugs: These substances have a low to moderate risk of abuse and dependence. They include anabolic steroids and ketamine.
  • Schedule IV drugs: These drugs have accepted medical uses and do not carry a high potential for abuse or dependence. Examples of these drugs include Ativan, Xanax, and Adderall.
  • Schedule V drugs: Very few drug offenses involve Schedule V drugs. These drugs are not very dangerous and have little to no risk of abuse. One of the more common Schedule V drugs is the codeine found in cough syrups.

Not all of the substances that fall under these schedules are dangerous drugs. The only entities that can lawfully manufacture these drug products are pharmaceutical companies. Individuals and groups have no business manufacturing or compounding illegal and prescription drugs.

Georgia Drug Manufacturing Laws at a Glance

For more information on Georgia's specific drug manufacturing laws, consult the chart below. This table includes the statutes related to drug manufacturing and the criminal penalties for these crimes.

Georgia Drug Manufacturing Code Statutes
  • Georgia Code (O.C.G.A.) Section 16-13-30 (prohibits the manufacture of any controlled substance with intent to distribute)
  • Georgia Code Section 16-13-30.1 (prohibits the manufacture of certain non-controlled substances with intent to distribute)
  • Georgia Code Section 16-13-30.2 (prohibits the manufacture of imitation or counterfeit controlled substances with intent to distribute)
  • Georgia Code Section 16-13-30.5 (prohibits the possession of any substance with the intent to manufacture a Schedule I or II controlled substance)
  • Georgia Code Section 16-13-31 (lists the penalties for the manufacture of specific drugs)

Georgia Drug Manufacturing Mandatory Minimum Sentences

Cocaine

  • 28g - 199g: 10 years in prison and a fine of $200,000
  • 200g - 399g: 15 years in prison and a fine of $300,000
  • 400g or more: 25 years in prison and a fine of $1 million

Morphine/Opiates/Heroin/Fentanyl

  • 4g - 13g: Five years in prison and a fine of $50,000
  • 14g - 27g: 10 years in prison and a fine of $100,000
  • 28g or more: 25 years in prison and a fine of $500,000

Marijuana/Cannabis

  • 10lbs - 1,999lbs: Five years and a fine of $100,000
  • 2,000lbs - 9,999lbs: 7 years and a fine of $250,000
  • 10,000lbs or more: 15 years and a fine of $1 million

Methamphetamine/Amphetamine

  • Under 200g: 10 years and a fine of $200,000
  • 200g - 399g: 15 years and a fine of $300,000
  • 400g and more: 25 years and a fine of $1 million

Note: The above prison terms are mandatory minimum sentences. The judge has the discretion to sentence an offender to a lesser term in specific circumstances. These special circumstances are located under O.C.G.A. § 16-13-31 (f)(g)(2)(a).

Possible Defenses for Drug Manufacturing Charges

Defenses to Georgia drug manufacturing laws include:

  • Actual innocence
  • Lack of intent
  • Mental incapacity
  • Mistake of fact (the defendant did not know what the possessed substances were or thought they were something else)
  • The conduct was somehow justified or excused by the situation (the defendant confiscated the substances to keep them from a drug user)

Disclaimer: Georgia state laws change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct your own legal research to verify current state laws.

Issues With a Drug Manufacturing Case in Georgia? Talk With an Attorney

As you can see, Georgia drug manufacturing laws can be harsh. The government's case can hinge on whether the prosecutor can prove intent. This isn’t easy to do. If law enforcement catches you with a large quantity of drugs on your person or property, it will be hard to argue that it’s for personal use.

If you're facing drug manufacturing charges in Georgia, you'll want to have an experienced criminal defense attorney by your side. They'll challenge the government's evidence and bolster your defense.

Georgia Drug Manufacturing Laws: Additional Resources

If you'd like more information related to this topic, please click on the links below:

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