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Georgia’s drug laws: Possession vs. trafficking

On Behalf of | May 2, 2024 | Drug charges

Georgia’s drug laws are known for being strict, with serious consequences for drug-related offenses. Understanding the differences between drug possession and trafficking is critical, as each carries distinct legal definitions and penalties.

The drug possession basics in Georgia

Georgia law defines drug possession as the act of illegally owning or controlling a controlled substance. The type of drug and the amount in possession can significantly influence the severity of the charges. Possession can be classified as either “simple possession,” typically for personal use, or “possession with intent to distribute,” which suggests plans to sell or distribute the drug.

The possible penalties for drug possession can range from fines to imprisonment. Simple possession may result in misdemeanor or felony charges, depending on the substance and quantity. For example, possession of a small amount of marijuana might lead to a fine or probation, while possessing harder drugs like cocaine or fentanyl could lead to several years in prison.

Drug trafficking is a more serious offense

Drug trafficking refers to the manufacture, distribution, or sale of illegal drugs. Trafficking charges are not based solely on evidence of selling drugs but can also stem from possessing a large quantity of drugs, which implies intent to distribute. The consequences of drug trafficking in Georgia depend on the type and amount of the drug, but they are always more severe. Trafficking convictions can lead to mandatory minimum prison sentences, ranging from several years to life, and hefty fines that can reach millions of dollars. The law is particularly harsh for repeat offenders or those with large amounts of controlled substances.

Defense strategies for drug cases

An experienced defense attorney plays a vital role in cases of drug possession and trafficking. They can scrutinize the arrest process, challenge the evidence, and argue for the protection of constitutional rights. Legal defenses might include questioning the legality of a search and seizure, proving the drugs belonged to someone else, or demonstrating a lack of knowledge about the drugs’ presence.

The defense can still seek to reduce or dismiss the charges if innocence is not an option. Other arguments for lowering the charges include a first conviction or a willingness to embrace sentencing alternatives like drug treatment. Ultimately, the defense’s goal is to minimize the impact of the charges on the individual’s future.