Fentanyl Trafficking in Georgia: Small Quantities, Severe Consequences
Fentanyl is one of the most aggressively prosecuted drugs in the State of Georgia. Because of its strength and its role in overdose deaths across the country, the State of Georgia takes fentanyl trafficking very seriously, even in small amounts. A lot of folks are surprised to learn that an amount small enough to fit in the palm of your hand can get you a long prison sentence.
Why Georgia law treats fentanyl differently
Fentanyl is a synthetic opioid that is significantly stronger than heroin or morphine. As a consequence, the trafficking thresholds for fentanyl and fentanyl-related substances are very low. This means that prosecutors have a sense of urgency when handling these cases, and the courts have a history of meting out severe punishment.
Under O.C.G.A. § 16-13-31, fentanyl is considered a high-risk narcotic, and the trafficking threshold is a reflection of the danger of the drug. In other cases, such as marijuana trafficking or cocaine, the quantities involved are measured in ounces or pounds. Not the case with fentanyl. It’s measured in grams.
Fentanyl trafficking thresholds and penalties
In the State of Georgia, if someone is found in possession of as little as 4 grams of the substance or a mixture of the substance, they can automatically face charges of trafficking regardless of whether or not they intended to sell the substance. The penalties for fentanyl trafficking in Georgia include:
- A mandatory prison sentence, with the sentence beginning at 5 years or more
- Significant fines reaching hundreds of thousands of dollars
- The offender cannot receive probation during their prison sentence
The greater the weight of the substance, the more severe the penalties become.
Mixtures, packaging, and weight calculations
Perhaps the most difficult part of fentanyl trafficking cases is the manner in which the drug is measured and classified. The prosecution can also consider the total weight of a mixture containing fentanyl, rather than the pure drug itself.
The defense can also argue that the test results were not conducted properly, or failed to accurately identify fentanyl. We can also argue that the manner in which the drug’s weight was calculated did not comply with Georgia law. A slight discrepancy can greatly influence the severity of the case.
Intent is not required for drug trafficking charges
Another misconception is that there must be proof that the drugs were meant to be sold or distributed. In the case of fentanyl in Georgia, police need no such evidence for prosecutors to charge the defendant with trafficking. The fact that the defendant had the minimum amount necessary is enough to convict them, even if the drugs were intended for personal use.
This makes fentanyl trafficking cases especially risky for first-time offenders, who may still receive a long sentence even if they have no prior criminal history.
Talk to a Marietta, GA, Drug Trafficking Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of defendants in drug trafficking cases. Call our Cobb County drug crimes lawyer today to schedule an appointment, and we can begin building your defense immediately.
