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Georgia Heroin Laws

State and federal laws govern the possession, sale, and manufacture of illicit drugs. For the last two decades, heroin use has been on the rise. Due to its addictive nature, heroin is one of the most dangerous drugs. Law enforcement officials in Atlanta have seen first-hand what this drug has done to the community and the public health crisis these drugs have caused.

Georgia lawmakers have responded by cracking down on drug crimes and enforcing the laws against the possession, sale, and distribution of heroin and other drugs. Local and state governments have also created task forces directed at distributors of heroin and other opiate drugs.

Here, we’ll discuss the current heroin laws in the state of Georgia. We will also explain the penalties for these drug crimes. If you’re facing drug-related charges under the Georgia Controlled Substances Act, contact a criminal defense lawyer.

Georgia’s Drug Laws

Georgia is part of what experts have described as a “heroin triangle.” In addition to heroin, communities in Georgia have seen a rise in the use of other dangerous drugs. Some of these include:

Law enforcement arrests people carrying illegal drugs. This includes illegal prescription drugs. Someone who receives oxycodone or Percocet for medical use and gives or sells them to another person for recreational use is dealing drugs under Georgia law.

As a result of the rise in drug abuse, the Drug Enforcement Administration (DEA) has cracked down on the manufacture, sale, and distribution of Schedule I and Schedule II drugs. Penalties at both the federal and state level are strict.

Georgia Laws on Heroin

Heroin and other opiates are tightly controlled substances under Georgia law. Possession of any amount of the drug is a felony punishable by up to 15 years in prison. Subsequent convictions for selling heroin can result in a life sentence.

Georgia courts may divert minors guilty of drug possession charges to community-based rehabilitation programs instead of incarceration in juvenile detention centers. This attempts to lead them away from a lifetime of crime and drug abuse.

Learn about Georgia heroin laws in the summary table and article below. FindLaw's Drug Charges article has more information as well.

Georgia Heroin Laws Code Section

O.C.G.A. §16-13-30, et seq.

Possession and Trafficking of Heroin in Georgia

Georgia law deems possession of four or more grams of heroin drug trafficking. If law enforcement finds any amount of heroin on a person, they face felony charges punishable by up to 15 years in prison, with a minimum prison term of two years. Subsequent offenses are between five to 30 years.

Sale of Heroin Penalties in Georgia

The sale and distribution of heroin is a felony in Georgia. The penalty for this crime is five to 30 years in prison. A subsequent offense will result in life imprisonment.

Trafficking of Heroin Penalties in Georgia

  • Between four to 14 grams of heroin on a person is sufficient for a charge of drug trafficking. This crime carries a mandatory sentence of five years and a $50,000 fine.
  • Between 14-28 grams of heroin incurs a mandatory minimum of ten years in prison and a fine of $100,000.
  • More than 28 grams of heroin is a mandatory term of at least 25 years and a fine of $500,000.

Justifications for Strict Heroin Laws

One of the biggest justifications for strict heroin laws is the drug's extreme addictiveness. The Georgia courts and legislature want to create a strong disincentive against using heroin. Heroin addiction affects drug users' families, friends, and the community.

Many heroin addicts are more likely to commit crimes to pay for their drugs. Drug addiction also puts a heavy burden on healthcare facilities and insurance companies. Intravenous drug use can spread diseases quickly. Drug addiction often has a drastic effect on a person's family.

What Are the Penalties for Violating Georgia’s Heroin Laws?

If the state convicts you of a drug crime involving heroin, you’ll face harsh penalties. The specific legal penalty depends on the facts of your case and the amount of heroin you have on you at the time of your arrest.

Possession of Heroin

In Georgia, possession of any amount of heroin is a felony and can result in a mandatory minimum prison sentence of two years. The judge can sentence you to up to 15 years, even for a first offense.

The minimum sentence for a second possession offense is two years in prison. The maximum sentence is thirty years.

Selling Heroin

Under Georgia law, the state will charge anyone caught selling heroin with a felony. A conviction of this crime carries a mandatory minimum five-year prison term.

Depending on the facts of your case, even a first offense may result in a thirty-year prison sentence. The court may also order a forfeiture of your vehicle or other property related to the drug offense. A subsequent conviction of selling heroin will result in a sentence of life in prison.

Trafficking Heroin

Drug trafficking heroin includes importing, exporting, or transporting heroin. Mere possession of four or more grams of heroin in Georgia is an automatic qualification as heroin trafficking.

Trafficking between four and fourteen grams of heroin can result in an automatic five-year jail sentence and a $50,000 fine. Trafficking up to 28 grams of heroin will earn you a ten-year sentence and a fine of $100,000. Trafficking over 28 grams will result in a mandatory sentence of at least 25 years to life and a $500,000 fine.

Juvenile Court

People under eighteen years of age who are facing heroin drug charges typically end up in juvenile court. A conviction in juvenile court may send them to a diversion program rather than jail. In some cases, the seriousness of the crime is so great that there is no option but to try the offender as an adult.

Disclaimer: State laws are constantly changing. Contact a Georgia drug crime attorney or conduct legal research to verify your current state laws.

Charged Under Georgia Heroin Laws? Talk to an Attorney

It can be difficult to know where to turn when the state charges you with a drug crime. Requiring treatment for substance abuse can make it worse. If you're facing misdemeanor or felony drug charges, speak to a Georgia drug crime lawyer. They'll review the charges and help devise a solid defense.

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