Drug trafficking charges in Georgia carry the most severe penalties of all drug charges, with the penalty dependent on the type and total weight in your possession, as well as your history with law enforcement. This guide will help explain the Georgia drug trafficking charges and present your legal options should you or someone you love face criminal charges in the Georgia courts.
Have you been arrested for drug trafficking in Georgia? Call Jeff Manciagli today at (404) 642-9080 or contact us online to schedule a free consultation with your local Atlanta drug trafficking lawyer.
Defining Drug Trafficking Under Georgia Law
Georgia criminal code Title 16 Chapter 13 has a clear definition for drug trafficking, which relates to the “Sale, manufacture, delivery, bringing into the state, and possession of a controlled substance” over determined amounts. Under the definition, a controlled substance is any drug, immediate precursor, or essential compound used to make the drug.
What is Mandatory Minimum Sentencing?
Georgia has mandatory minimum sentencing for drug trafficking convictions. The judge in your case has limited discretion to impose a sentence other than the minimum set within the Georgia criminal code. Regardless of the circumstances of your case, if you’re under trial for drug trafficking in Georgia, you may have limited scope to reduce your sentence, highlighting the importance of hiring a qualified drug defense attorney at the earliest stages after the police charge you.
The Penalties for Drug Trafficking Charges
The penalties for drug trafficking charges in Georgia vary depending on the amount under your control at the time of your charges as well as the type or “Schedule” of the drug. For example, in the case of cocaine trafficking charges, possession of 28 grams can lead to felony drug trafficking charges and a mandatory minimum sentence of 10 years in prison and a $200,000 fine. However, if you have 200 grams of cocaine in your possession, you face a mandatory minimum sentence of 15 years in prison and a $300,000 fine.
You may also read our post “Could I be involved in drug trafficking without knowing?” – which explains more about the potential reasons you may unwittingly be involved in drug trafficking cases.
What are the Drug Schedules In Georgia?
- Schedule I: These drugs have a high potential for abuse and have medical use. Schedule I drugs include LSD, Heroin, Marijuana, and Psilocybin.
- Schedule II: Under Georgia law, Schedule II drugs are those that have some medical use but maintain a high potential for abuse. Schedule II drugs include Amphetamine, Morphine, Codeine, Ketamine, Oxycodone, and Ketamine.
- Schedule III: These drugs have a lower potential for abuse compared to Schedule I and II drugs. They possess accepted medical uses and may result in moderate or low physical dependence if misused. Examples include CNS depressants, CNS stimulants, anabolic steroids, certain barbiturates, and mixtures containing limited quantities of narcotics.
- Schedule IV: In Georgia, drugs classified under Schedule IV have a lower potential for abuse than Schedule III substances. They are recognized for medical purposes but may lead to limited physical and psychological dependence if misused. Examples include Alprazolam (Xanax), Clonazepam (Klonopin), Diazepam (Valium), and Zolpidem (Ambien).
- Schedule V: These drugs have accepted medical uses but may lead to limited physical and psychological dependence if misused. Georgia law considers Schedule V drugs to have a lower potential for abuse than those under Schedule IV. An example of a commonly used Schedule V drug is pseudoephedrine.
Below are examples of how heroin, marijuana, cocaine, and methamphetamine trafficking charges can differ depending on the circumstances of your case:
Cocaine Trafficking Penalties
Twenty-eight grams is Georgia’s dividing line between a possession charge and a trafficking charge. Upon conviction of cocaine trafficking in an amount over 28 grams and under 200 grams, you could face a penalty of up to 30 years in jail and a $200,000 fine. In trafficking cases involving 200 to 400 grams, you face a prison sentence of 25 years and a fine of $1 million.
Heroin Trafficking Penalties
Heroin is a Schedule I drug with no medical value and is considered among the most dangerous by the Georgia courts. A heroin trafficking conviction relating to an amount of between 4 grams and 14 grams can lead to a five-year prison sentence. Under a charge of drug trafficking of more than 28 grams of heroin, you face 25 to 30 years in prison and a $500,000 fine.
Marijuana Trafficking Penalties
Depending on your criminal record, you can receive a sentence of up to five years and a fine of $100,000 for trafficking 10 to 2000 pounds of marijuana. On charges of more than 2000 pounds and less than 10,000 pounds, you face seven to thirty years in prison and a $250,000 fine. While a charge of trafficking more than 10,000 pounds of marijuana may lead to a sentence of at least fifteen years and a fine of up to $1 million.
Methamphetamine Trafficking Penalties
Methamphetamine is a schedule II drug, for which 28 grams is the threshold for a longer sentence under Georgia law. Trafficking between 28 grams and 200 grams of methamphetamine carries a sentence of ten to thirty years and a fine of $200,000. Between 200 and 400 grams, a drug trafficking charge carries a sentence of 15 years and a $300,000 fine, while amounts over 400 grams have a minimum sentence of 25 years and a $1 million fine.
Atalanta Drug Defense Lawyer Jeff Manciagli Can Help You Fight Drug Trafficking Charges
Due to the severe potential penalties for drug trafficking charges and the impact of these penalties on your life, you must speak with a drug defense lawyer as soon as possible after your arrest.
With over 30 years of experience serving clients throughout Georgia, including Gwinnett County, Fulton County, and Cobb County, Jeff Manciagli is your best choice of drug defense lawyer. He and his team can offer a free drug trafficking case review to analyze your charges and build a robust defense to protect your rights in the Georgia courts. Request your consultation by (404) 642-9080 or booking an appointment online.
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