Drug Trafficking and Distribution in Georgia: What You Need to Know

Drug trafficking and distribution are among the most serious drug-related offenses in Georgia. These charges can lead to severe penalties, including lengthy prison sentences and substantial fines. Understanding the nature of these charges, the potential consequences, and the importance of a robust legal defense is crucial if you find yourself facing allegations of drug trafficking or distribution.

Understanding Drug Trafficking and Distribution Charges

Drug Distribution: This involves the sale, delivery, or provision of controlled substances to others. Distribution charges can apply regardless of the quantity of drugs involved and whether or not a profit was made.

Drug Trafficking: This is a more severe charge than distribution and typically involves the manufacture, transportation, or sale of large quantities of controlled substances. Trafficking charges are based on the weight of the drugs involved and can apply to both interstate and intrastate activities.

Common Substances Involved

Drug trafficking and distribution charges can involve a variety of controlled substances, including but not limited to:

- Marijuana

- Cocaine

- Methamphetamine

- Heroin

- Fentanyl

- Prescription drugs (without a valid prescription)

Penalties for Drug Trafficking and Distribution (Outlined in O.C.G.A 16-13-31)

The penalties for drug trafficking and distribution in Georgia are severe and vary depending on the type and quantity of the drug involved. Factors such as prior criminal history and whether the offense occurred near schools or parks can also impact sentencing. Each trafficking category is divided into colloquial categories comprised of: Tier 1, Tier 2, and Tier 3. The higher number of tier will denote the severity of the potential sentence.

Marijuana Trafficking:

- Possession of 10 pounds or more can result in a minimum prison sentence of 5 years and fines of up to $100,000.

- Larger quantities can lead to sentences of 10 to 15 years and fines up to $1,000,000.

Cocaine Trafficking:

- Possession of 28 grams or more can lead to a minimum prison sentence of 10 years and fines of up to $200,000.

- Larger quantities can result in sentences of up to 30 years and fines of up to $1,000,000.

- Cocaine is the only drug trafficking offense that has a purity requirement – 10 percent or more

Methamphetamine Trafficking:

- Possession of 28 grams or more can result in a minimum prison sentence of 10 years and fines of up to $200,000.

- Larger quantities can lead to sentences of up to 30 years and fines up to $1,000,000.

Heroin and Fentanyl Trafficking:

- Possession of 4 grams or more can result in a minimum prison sentence of 5 years and fines of up to $50,000.

- Larger quantities can lead to sentences of up to 30 years and fines up to $500,000.

Prescription Drug Trafficking:

- The penalties vary depending on the specific drug and quantity but can be as severe as those for illicit drugs.

Defending Against Drug Trafficking and Distribution Charges

If you are facing drug trafficking or distribution charges, it is imperative to seek experienced legal representation. An effective defense strategy can include:

- Challenging the Evidence through a Motion to Suppress: Questioning the legality of the search and seizure that led to the discovery of the drugs. Any evidence obtained through illegal means can potentially be excluded from the case. This is perhaps the most powerful tool in defending any drug case, including trafficking.

- Disputing Possession: Arguing that the drugs did not belong to you or that you were unaware of their presence. Possession can be challenged. There is joint/sole possession and constructive/actual possession.

- Lack of Intent: Demonstrating that you did not intend to distribute or traffic the drugs.

- Entrapment: Showing that law enforcement induced you to commit a crime you would not have otherwise committed.

- Cooperation: An effective method can be to cooperate with law enforcement to receive a reduced sentence or dismissal.

How The Clement Law Firm, LLC Can Help

At The Clement Law Firm, LLC we understand the serious nature of drug trafficking and distribution charges and are dedicated to providing a strong defense for our clients. Our experienced attorney will meticulously review your case, identify any weaknesses in the prosecution's evidence, and develop a strategic defense tailored to your specific situation.

Contact Us for a Free Consultation

If you or a loved one is facing drug trafficking or distribution charges in Georgia, don't wait to seek legal assistance. Contact The Clement Law Firm, LLC for a free consultation. Our skilled attorneys will provide the expert legal guidance and aggressive defense needed to protect your rights and fight for the best possible outcome.

Drug trafficking and distribution charges carry severe penalties in Georgia, making it crucial to understand the nature of these charges and the importance of a robust legal defense. At The Clement Law Firm, LLC we are committed to defending the rights of those accused of drug-related offenses. Reach out to us today to learn how we can help you navigate the legal system and protect your future.