Georgia Drug Trafficking Laws

The state of Georgia has ongoing issues with drug trafficking. Suburbs near Atlanta earned the moniker of “Heroin Triangle.” In July 2020, federal authorities broke up the biggest drug trafficking ring in Georgia’s history. Authorities estimated that the drugs the officers seized, most of which were heroin, cocaine, and marijuana, were worth more than $8.5 million.

While the bust was encouraging, it's further proof that illegal drug trafficking is a big problem in Georgia. Given the state and federal government’s efforts to crack down on drug dealers, anyone facing charges of drug possession or drug trafficking should be worried. Here, we’ll explain Georgia’s drug trafficking laws, including the penalties you’ll face if the courts find you guilty.

Definition of Drug Trafficking in Georgia

Under Georgia law, drug trafficking refers to the manufacture, distribution, delivery, sale, or possession of large amounts of a controlled substance. Georgia drug trafficking laws apply federal mandatory minimum sentences for trafficking offenses. As a result, a conviction for unlawful drug trafficking will result in substantial fines and lengthy prison sentences.

Some of the more common drugs involved in Georgia drug trafficking cases include:

  • Amphetamines (Methamphetamine)
  • Cocaine
  • Heroin
  • Marijuana
  • Codeine
  • LSD

Georgia law enforcement and courts consider some drugs more severe than others. For example, Schedule II drugs are much more dangerous than Schedule V drugs. The type of drug you have in your possession, whether for personal use or distribution, will dictate how severe the criminal penalties are.

According to the Drug Enforcement Administration (DEA), the classification of scheduled drugs is as follows:

  • Schedule I drugs: Marijuana, ecstasy, heroin, LSD
  • Schedule II drugs: Methamphetamine, cocaine, fentanyl, Vicodin, oxycodone, Adderall
  • Schedule III drugs: Ketamine, anabolic steroids, testosterone
  • Schedule IV drugs: Ambien, Ativan, Valium, and Xanax
  • Schedule V drugs: Cough suppressors like codeine

Once the district attorney determines the type and quantity of the drugs involved in your case, they’ll file official charges. This may require testing in a crime lab.

Youthful Accomplices

Lawmakers in Georgia know that it’s critical to intervene early and often when it comes to drug possession and trafficking. This is why the state will file additional charges against a defendant who uses young people to help manufacture, sell, and distribute their illegal drugs.

Georgia drug trafficking laws punish anyone hiring or engaging a person under the age of 17 to provide substantial assistance with controlled substance trafficking. This is a separate felony offense and can result in five to 20 years in prison.

Drug Weight Issues

The state can only pursue drug trafficking charges if they have evidence the defendant possessed a specific amount of drugs. If the police catch someone with a quantity of drugs that appear to be for distribution and not personal use, they'll arrest them for trafficking.

It can be difficult to determine whether the state should charge a defendant for drug trafficking as opposed to drug possession. Some of the things the prosecutor will consider include:

  • The type of drug in question
  • Weight of the drug
  • The purity of the drug
  • The state of the drug (in bundles, baggies, etc.)

Georgia drug trafficking laws provide methods for determining the amount of drug minus impurities and suspensions. These are applied when considering charges.

Georgia’s Drug Trafficking Laws at a Glance

If the state has charged you with trafficking in cocaine, heroin, or some other illicit drug, you should familiarize yourself with Georgia’s Penal Code.

The following is an overview of Georgia drug trafficking laws:

Georgia Drug Trafficking Code Statutes

Georgia Code

Title 16, Chapter 13 - Controlled Substances (O.C.G.A.§16-13-30)

Controlled Substance Classification in Georgia

Georgia drug trafficking laws divide controlled substances into schedules as follows:

  • Schedule I: This class of drugs includes those with a great risk of abuse for which there is no accepted medical use
  • Schedule II: These drugs have a high potential for abuse and severely restricted medical uses
  • Schedule III: The drugs in this category offer a lower likelihood of abuse and have valid medical uses
  • Schedule IV: This class of drugs have some potential to result in addiction issues and have an acceptable medical use
  • Schedule V: This category includes drugs with a low addiction rate that have an accepted medical use

Penalties for Drug Trafficking in Georgia

Georgia law punishes trafficking offenses as felonies. The criminal penalties for these offenses are as follows:

  • Possession of any Schedule I or Narcotic Schedule II Drugs: Offenses are punishable by between five to 30 years in prison. Subsequent convictions may result in a life sentence, with a mandatory minimum sentence of ten years.
  • Possession of Schedule III, IV, or V drugs: Offenses are punishable by between one to 10 years in prison.

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

Get Legal Help With Your Drug Trafficking Case in Georgia

Georgia drug trafficking laws carry significant penalties, including prison time and fines. The criminal penalties will depend on the amount of drugs you have at the time of your arrest and your prior criminal conduct. If you're facing drug trafficking charges in Georgia, contact a local drug crime attorney for sound legal advice.

Whether law enforcement caught you with methamphetamines, opiates, or cocaine, your attorney will work hard to craft a solid legal defense. Even if an acquittal isn’t an option, your criminal defense lawyer will talk to the prosecutor and try to reach a plea bargain.

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