The fight against fentanyl abuse in Georgia has entered a critical new phase. On July 1, 2025, the Fentanyl Eradication & Removal Act (SB 79) officially took effect, ushering in significantly stricter penalties for those convicted of fentanyl trafficking. This new law, designed to combat Georgia’s alarming opioid crisis, dramatically alters how the state addresses fentanyl-related crimes by lowering thresholds for defining trafficking, implementing mandatory minimum sentences, and generally increasing the severity of punishments. While intended to curb the opioid epidemic, these changes also introduce serious risks for individuals caught in their wake.
If you’re concerned about how these new provisions might affect you or someone you know, a dedicated criminal defense team is your best shield against potentially life-changing consequences. Reach out to The Abt Law Firm today for guidance.
What Is the Fentanyl Eradication and Removal Act (SB 79)?
The Fentanyl Eradication & Removal Act, also known as SB 79, represents a targeted effort to address Georgia’s growing fentanyl crisis. By amending several sections of Georgia’s drug crime statutes, this law focuses specifically on fentanyl and related substances, creating harsher consequences for those involved in its manufacturing, distribution, or possession.
Under SB 79, fentanyl has been separated from general statutes on opioids and moved to its own drug schedule category. This aimed shift acknowledges the unique potency and dangers of fentanyl, which is up to 50 times stronger than heroin. The bill's overarching goal is clear—curb fentanyl trafficking before more lives are lost.
By instituting tougher measures, Georgia lawmakers hope to deter fentanyl trafficking while sending a strong message about the state's zero-tolerance approach toward this deadly drug.
SB 79's Impact on Fentanyl Trafficking in Georgia
Fentanyl has had a devastating impact on Georgia. Drug overdose deaths tied to fentanyl skyrocketed from 1,726 in 2020 to 2,649 in 2023. The 2024-2025 projections show similarly grim numbers unless aggressive actions are taken to address the problem.
SB 79 is Georgia's response to this crisis. By implementing stricter penalties, lawmakers aim to stem the distribution of fentanyl and curb the rising death toll. The law also recognizes that trafficking isn’t limited to high-volume drug operations—it includes smaller quantities but equally dangerous impacts. Through these changes, SB 79 aspires to bring greater accountability to fentanyl-related crimes while protecting innocent lives.
Drastically Increased Penalties and Mandatory Minimums Under SB 79
One of the most significant changes under SB 79 lies in its sentencing guidelines. Before this law, drug possession and trafficking often carried more lenient penalties, leaving gaps in deterrence. Now, even small amounts of fentanyl can lead to severe legal consequences.
The law sets mandatory minimum sentences for anyone caught trafficking 4 grams or more of fentanyl.
Here’s what individuals convicted under SB 79 may face:
- 4 to 14 grams of fentanyl: A mandatory minimum sentence of 5 years in prison.
- 14 to 28 grams or more elevate penalties significantly, with the harshest sentences reserved for large-scale traffickers.
By aligning penalties with the quantity of fentanyl involved, SB 79 ensures that those trafficking larger amounts face proportionally harsher consequences. However, even the smallest offense under the new law carries serious risks.
Lower Thresholds, Harsher Consequences: How SB 79 Redefines Trafficking
Another crucial shift under SB 79 involves redefining what constitutes "trafficking." Historically, higher possession thresholds applied to drug trafficking charges. Now, the possession of just 4 grams of fentanyl is enough to meet Georgia's lower standard.
For comparison, 4 grams of fentanyl isn't much—it’s roughly the weight of a few sugar packets—but it holds the potential to cause hundreds of fatalities. By setting such a low threshold, the law underscores the immense danger posed by even tiny amounts of this drug.
These harsher definitions come with significant implications. Individuals may unintentionally fall into trafficking charges, especially if they’re unaware of the weight-based thresholds.
Additionally, an increase in charges classified as trafficking could clog court systems, leaving defendants with less time to build effective cases.
The Critical Need for Aggressive Criminal Defense
The changes enacted under SB 79 can have sweeping effects not only for professional drug traffickers but also for individuals caught in one-time, unintentional scenarios. For instance, mere possession of a few grams may now result in trafficking-level charges, even for first-time offenders. Similarly, accidental exposure to fentanyl—a growing concern for law enforcement, emergency responders, and civilians—could lead to criminal accusations under this new framework.
This is why aggressive legal defense becomes critical for anyone charged under these new laws. SB 79's strict sentencing guidelines leave little room for leniency, which means that every defense strategy matters. Only a knowledgeable criminal defense attorney can build a case to mitigate penalties or potentially get charges dismissed.
At The Abt Law Firm, we specialize in defending clients facing severe drug charges. We know how to challenge evidence, contest improper arrest procedures, and ensure your rights are protected throughout the judicial process.
Protecting Your Future: Contact The Abt Law Firm Today
If you or a loved one are facing charges related to Georgia’s new fentanyl laws, time is of the essence. The penalties under SB 79 are severe, and early legal intervention can make all the difference in the outcome of your case. At The Abt Law Firm, our defense attorneys bring unparalleled expertise and deep experience to the table. We take an empathetic, client-focused approach to help you protect your rights and your future.
Fentanyl charges are no longer minor offenses—they carry life-altering consequences. Don’t wait to seek help. Contact The Abt Law Firm today to schedule a consultation and start building a strong defense. Your future depends on it.
