Drug offenses are some of the most serious criminal charges prosecuted in Georgia. Whether you are accused of possessing a small amount of a controlled substance or charged with large-scale trafficking, the consequences can be severe.
At The Abt Law Firm, our Atlanta criminal defense lawyers provide aggressive representation for individuals facing every type of Georgia drug charge and sentence. We believe in informing our clients about how the law classifies drug crimes. Knowing what you are faced with can make a major difference in your case.
1. Drug Possession Charges in Georgia
Possession offenses vary depending on the type and amount of drug involved. Defending such charges calls for an experienced drug crime attorney that is knowledgeable of the different penalties and consequences associated with each charge.
Possession of Schedule I or II Drugs
These include heroin, LSD, cocaine, methamphetamine, and other high-risk substances. Under O.C.G.A. § 16-13-30(d), possession of a Schedule I or II drug is a felony carrying 2 to 15 years in prison for a first offense and 5 to 30 years for a repeat conviction. Convictions often result in long-term probation, fines, and license suspension.
An experienced Atlanta drug possession lawyer can evaluate whether police had probable cause to search your property or vehicle and determine if the evidence was lawfully obtained.
Possession of Schedule III, IV, or V Drugs
These drugs have lower potential for abuse and include steroids, certain sedatives, and cough medications with codeine. A conviction can still lead to 1 to 5 years in prison for a first offense, and up to 10 years for subsequent violations.
Possession of Marijuana
Although some states have legalized marijuana, Georgia continues to prosecute possession of more than one ounce as a felony. Penalties can include 1 to 10 years in prison and substantial fines. Possession of less than one ounce is a misdemeanor punishable by up to 12 months in jail.
Drug Paraphernalia Possession
Possession of any device used to ingest, package, or manufacture drugs is a misdemeanor under O.C.G.A. § 16-13-32.2. Despite being considered less severe, a conviction can still impact employment and future sentencing. If you face this charge, an Atlanta drug paraphernalia attorney can challenge the state’s claim that the item was intended for drug use.
2. Drug Trafficking Charges and Penalties
Drug trafficking involves manufacturing, delivering, or possessing large quantities of controlled substances. It is among the most serious drug crimes in Georgia and carries mandatory minimum sentences.
Cocaine Trafficking
Possession of 28 grams or more is considered trafficking. The penalties are:
- 28–200 g: minimum 10 years, fine $200,000
- 200–400 g: minimum 15 years, fine $300,000
- 400 g or more: minimum 25 years, fine $1 million
Methamphetamine Trafficking
Quantities of meth are punished at the same scale:
- 28–200 g: 10 years, fine $200,000
- 200–400 g: 15 years, fine $300,000
- Over 400 g: 25 years, fine $1 million
Those accused of meth manufacturing face equal or greater penalties. Working with an Atlanta drug manufacturing lawyer can lead to your legal team uncovering procedural errors and reducing potential sentences.
Opium, Heroin, and Morphine Trafficking
These Schedule I and II drugs carry minimum sentences starting at 5 years in prison and fines beginning at $50,000, with higher thresholds increasing the punishment significantly.
Marijuana Trafficking
Georgia law defines trafficking as possession of more than 10 pounds of marijuana:
- 10–2,000 lbs: 5 years, fine $100,000
- 2,000–10,000 lbs: 7 years, fine $250,000
- Over 10,000 lbs: 15 years, fine $1 million
A conviction for trafficking almost always results in mandatory imprisonment with limited eligibility for early release. Those accused of trafficking should consult an Atlanta drug trafficking lawyer immediately to begin building a defense.
3. Drug Manufacturing Charges
Drug manufacturing includes producing, cultivating, or preparing controlled substances. Penalties depend on the substance type and weight. For example, producing methamphetamine under O.C.G.A. § 16-13-31 can lead to 10 to 25 years in prison and fines reaching $1 million.
Law enforcement often charges individuals with manufacturing based solely on possession of precursor chemicals or lab equipment. A skilled Atlanta criminal defense attorney can contest these allegations and challenge the prosecution’s evidence of intent.
4. Prescription Drug Offenses
Prescription-related offenses often stem from misunderstandings, including carrying medication in an unmarked container or failing to renew a prescription. Working with an Atlanta drug crime attorney can help clarify these situations and protect your record from a felony conviction.
Illegal Possession of Prescription Drugs without a Valid Prescription
Possession of prescription medication without a valid prescription or in someone else’s name is illegal under O.C.G.A. § 16-13-30. Penalties range from 1 to 10 years in prison, depending on the drug’s classification and whether distribution was involved.
5. Drug Distribution and Delivery Charges
Selling, delivering, or sharing controlled substances can lead to distribution charges, with or without payment for the drugs. Under Georgia law, distribution of Schedule I or II substances carries 5 to 30 years in prison, while lower-schedule drugs can lead to 1 to 10 years.
Even sharing a small amount of marijuana can constitute a felony if prosecutors claim intent to distribute. The difference between possession and distribution often depends on the number of baggies, scales, or cash found, making legal representation essential.
6. Aggravating Factors and Enhanced Penalties
Certain circumstances can increase penalties for any drug offense, including:
- Prior felony drug convictions
- Distribution near schools, parks, or public housing
- Use of a firearm during the offense
- Involvement of minors or gang-related activity
Repeat offenders or those convicted under Georgia’s mandatory minimum drug sentences may face life imprisonment or decades behind bars. Sentencing judges often have limited discretion to reduce penalties unless specific statutory exceptions apply.
If you are facing a felony drug charge, an Atlanta felony defense attorney from The Abt Law Firm can review aggravating factors and pursue relief through negotiation or sentencing mitigation.
Why You Need Experienced Legal Defense
Georgia’s drug laws are complex, and the consequences are life-altering. A knowledgeable drug crimes defense attorney can analyze the arrest procedure, challenge illegal searches, and identify weaknesses in the state’s case. At The Abt Law Firm, we defend clients against every type of Georgia drug charge, including possession, trafficking, and manufacturing.
Our firm also handles post-conviction relief and appeals for clients seeking to overturn or reduce sentences. Whether you face a first-time possession charge or a complex trafficking investigation, our attorneys will pursue every legal avenue to protect your future.
We also represent clients in specialized matters such as fentanyl trafficking & possession, a growing area of enforcement in Georgia. Because fentanyl is treated as a Schedule II substance, even trace amounts can trigger severe penalties. Having a dedicated criminal defense team familiar with Georgia drug sentencing guidelines can make the difference between probation and years of incarceration.
Contact The Abt Law Firm for Drug Crime Defense in Georgia
If you have been charged with a drug offense, contact The Abt Law Firm immediately. Our attorneys understand the full spectrum of Georgia’s drug trafficking laws, manufacturing charges, and possession penalties. We will fight to protect your rights, suppress unlawfully obtained evidence, and build a strong defense tailored to your situation.
Contact us at (770) 977-6105 to schedule a confidential consultation with an attorney who knows how to defend you against serious drug allegations.
