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Drug Possession Vs. Trafficking In Georgia

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Drug deal outside a vehicle

Drug Trafficking

Drug trafficking is the act of producing illicit drugs or selling them. It also includes delivering the substances and possessing large amounts for the purpose of selling them. Georgia law subjects people convicted on these charges to mandatory minimum sentences, so they are very likely to receive long prison sentences.

If someone is arrested in possession of a large amount of an illicit drug, the law assumes that the drugs were not purchased for the individual’s personal use. In this case, the police may arrest the person on drug trafficking charges depending upon the kind of drug it is and whether or not it is a liquid.

In addition to drug trafficking charges, a person can receive further charges if someone under the age of 17 is used to help distribute the drug.

A person convicted of trafficking schedule I or schedule II drugs has the possibility of receiving a prison sentence of five to 30 years. Possession of schedule III, schedule IV, or schedule V drugs may receive a prison sentence between one and 10 years. If someone hires people under the age of 17 to help with the distribution of the substance, this person will be charged with a felony and may also receive a five- to 20-year prison sentence.

Drug Possession

The police arrest people on drug possession charges when they are in possession of an illegal substance of any amount. If someone is convicted on drug possession charges, the state suspends the person’s driver’s license for six months for a first offense.

In addition to the suspension, the person may receive the following penalties if convicted:

  • A prison sentence between two and 15 years for possession of a schedule I or narcotic, schedule II drug.
  • A prison sentence between two and 15 years for possession of a schedule II, non-narcotic drug.
  • A prison sentence between one and five years for possession of a schedule III, schedule IV, or Schedule V substance.


Conviction on possession of marijuana requires the following sentences:

  • The possession of 1 oz. or less of marijuana will result in a misdemeanor charge. The penalty will be up to a $1,000 fine and a 1-year prison sentence.
  • Possession of more than 1 oz. of marijuana is a felony, so the prison sentence will be up to 10 years. The fine may be up to $5,000, and one year of the prison sentence will be mandatory.

Hiring a Criminal Attorney

Drug possession and drug trafficking charges subject you to serious penalties. You can even lose your driving privileges, so it is important to take these charges seriously. At the The Abt Law Firm, LLC, we will represent you on drug possession or any other drug-related charges. Contact us today.