Drug Possession versus Drug Trafficking in Georgia: Understanding the Key Differences

The State of Georgia takes drug charges very seriously. Even simple possession charges can have life-altering consequences. Drug trafficking charges are much more severe. Telling the difference between the two types of charges can be challenging. The major difference often comes down to the amount of drugs involved, the intent of the accused, and the penalties imposed. Understanding how Georgia law distinguishes between possession and trafficking is key to understanding what’s at stake. In this article, the Smyrna, GA, drug trafficking and possession attorneys at Andrew L. Schwartz, P.C., will discuss the key differences between trafficking and possession.

Understanding drug possession in Georgia

Drug possession occurs when an individual is found to have illegal drugs for their personal use. Under Georgia law, possession can either be actual (the drugs are found on the person) or constructive (the drugs are found in a place that the person has control over, like a car).

• Misdemeanor possession – Small amounts of marijuana (less than an ounce) are considered a misdemeanor in Georgia, punishable by up to 12 months in jail and a fine of up to $1,000.

• Felony possession – Possession of either larger amounts of marijuana, or any amount of drugs such as cocaine, methamphetamine, heroin, or ecstasy is considered a felony in Georgia. Penalties may vary depending on the type of drug and the quantity, but you can face years in prison and thousands of dollars in fines just for merely possessing drugs other than marijuana.

Possession charges can also carry collateral consequences. These can include driver’s license suspension, difficulty getting a job, and the loss of eligibility for certain professional licenses.

Understanding drug trafficking in Georgia 

Drug trafficking is considered a much more serious offense than possession. Unlike possession, trafficking does not necessarily require specific evidence of selling or transporting drugs. Instead, Georgia law sets strict thresholds for the amount of controlled substances you are caught with. Prosecutors can thus automatically charge you with trafficking, even if your drugs were for personal use.

For example:

• Marijuana – Possession of more than 10 pounds is considered trafficking.
• Cocaine – Possession of 28 grams or more is considered trafficking.
• Methamphetamine – Possession of 28 grams or more is considered trafficking.
• Heroin – Four grams or more is considered trafficking.

Drug trafficking penalties tend to be extremely severe. Georgia has mandatory minimum sentences, meaning judges have limited discretion to reduce the charges. Depending on the drug and quality, a conviction can carry a 10 to 25-year prison sentence. Fines range from $100,000 to $1 million.

Key legal differences between trafficking and possession 

• Quantity – Possession generally involves small amounts, while trafficking involves larger amounts.

• Intent – Possession implies personal use, while trafficking implies distribution. Your actual intent doesn’t necessarily matter.

• Penalties – Possession might result in probation or a shorter prison term, while trafficking carries mandatory minimum sentences that can result in longer terms.

Talk to a Smyrna, GA, Drug Possession and Trafficking Attorney Today 

The Cobb County criminal defense lawyers and Andrew L. Schwartz, P.C., represent the interests of those facing drug charges. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.