Georgia Drug Trafficking Thresholds: What Quantities Trigger Charges and Mandatory Minimums

In Georgia, drug trafficking charges are not necessarily based on your intent to sell the drug. In fact, the charges can be initiated purely on the basis of the quantity of the drug found in your possession. This makes it important to understand the concept of drug trafficking by weight if you are a suspect in Georgia.

How Georgia defines drug trafficking

Under O.C.G.A. § 16-13-31, Georgia law divides drug trafficking crimes by the type of controlled substance you’re accused of peddling. As long as the requirements of the law are met, the crime automatically qualifies as a trafficking crime, even if the controlled substance was intended for personal use.

Unlike in simple possession cases, drug trafficking cases carry mandatory minimum prison sentences that cannot be reduced by the judge.

Common drug trafficking thresholds in Georgia

Georgia has varying weights for different substances that are used to indict a suspected drug trafficker on trafficking charges. Some of the most common substances include:

• Cocaine – The trafficking of this substance is triggered by an amount of 28 grams or more. The minimum sentence is ten years and a fine of as much as $200,000. The sentence gets more severe the larger the quantity of the drugs you’re found with.

• Methamphetamine – Trafficking charges for meth are triggered by an amount of 28 grams or more. The minimum sentence is 10 years’ imprisonment. The sentence is more severe the greater the quantity found in your possession.

• Heroin – You can face trafficking charges for possession of as little as 4 grams of heroin. The minimum sentence is 5 years of imprisonment, even for very small weights.

• Fentanyl and analogs – You can face trafficking charges for possession of 4 grams of fentanyl or a fentanyl analog. The severity is related to the potency of the sentence.

• Marijuana – The trafficking of this substance is triggered by 10 pounds or more. The sentence is severe, even though it’s only marijuana. You can face 5 to 15 years of imprisonment, depending on the total weight of the weed.

Mandatory minimum sentences and escalating penalties

One of the most serious features of Georgia’s drug trafficking law is the use of mandatory minimum sentences. The minimums grow very rapidly with the quantity of the drug. For instance, with larger quantities of cocaine or methamphetamine, you can face a sentence of 25 years or more, with fines rising into the millions of dollars.

Judges do not have the leeway to diverge from the mandatory minimum. This remains true even if the suspect is a first-time offender. You can still be incarcerated for a long time if the threshold is met.

Weight disputes matter when it comes to trafficking charges. This is because the prosecution tends to be quantity-based, and therefore, the methods employed in weighing and testing the drugs are usually central to the case.

In some instances, the reduction of the quantity of the drugs from the alleged weight to the minimum can determine whether the suspect is guilty of trafficking or a much lesser crime like possession.

Talk to a Smyrna, Georgia, Drug Trafficking Attorney Today

Andrew L. Schwartz, P.C., represents the interests of Smyrna residents who are facing drug trafficking charges. Call our Cobb County drug crimes lawyer today to schedule an appointment, and we can begin preparing your defense right away.