Fentanyl has been placed at the top of the list by many legislators leading Georgia and the Federal government to crack down on those charged with its possession. Georgia has some of the strictest laws on fentanyl in the country, making it a top priority to get the right legal help for your defense.
At The Abt Law Firm, our experienced criminal defense attorneys are prepared to help you enforce the rights given to you as a citizen in Georgia. We understand the law, penalties, and how to build strong legal defenses for drug trafficking crimes.
If you have been charged with possession or trafficking, call The Abt Law Firm at (770) 977-6105 to speak with an attorney today.
Why You Need a Drug Trafficking Lawyer
While fentanyl is classified as a schedule II drug, as of July 2025 all fentanyl-related substances are treated as schedule I drug offenses.
A schedule I drug indicates it has no accepted medical use and a high potential for abuse. This classification makes both possession and trafficking of fentanyl extremely serious offenses, often resulting in mandatory minimum sentences, federal charges, and life-altering consequences. While fentanyl does have accepted medical uses, there are many fentanyl-related substances sold illegally that are at the forefront of public attention which led to a new law rescheduling the consequences of trafficking it.
If you have been accused of a drug crime, it's critical to find a skilled drug trafficking lawyer who can help challenge the state’s evidence, file motions to suppress illegal searches, and negotiate for reduced or dismissed charges. Early legal intervention makes all the difference.
Recent Legislation & the Future of Fentanyl Laws
Halt Fentanyl Act & Schedule I Classification
The HALT Fentanyl Act, passed in July 2025, made fentanyl-related substances permanently classified as Schedule I drugs. This means even trace amounts of analogs (chemically similar substances) can lead to felony charges.
Fentanyl Eradication and Removal Act
The Fentanyl Eradication & Removal Act, Senate Bill 79, increases penalties for trafficking fentanyl and expands enforcement efforts. It also funds state-level programs to target large-scale drug operations. This bill reduced the minimum amount of fentanyl to be considered trafficking in Georgia to just 4 grams.
How These Laws Impact Georgia Drug Cases
Georgia prosecutors now have broader authority to charge individuals with trafficking for relatively small amounts of fentanyl. These changes mean even minor possession could be classified as trafficking, making your legal defense all the more critical.
Possession vs. Intent to Distribute vs. Trafficking
The differences between these charges hinge on how much fentanyl was found and how it was packaged. Prosecutors may try to elevate a simple possession charge to intent to distribute or trafficking based on circumstantial evidence like digital scales or baggies. You need a defense team that understands how to push back.
| Charge Type | Description | Typical Evidence | Possible Penalties |
| Possession | Unlawful personal possession of fentanyl in a small amount, with no signs of distribution | Small quantity of fentanyl; no scales, baggies, or large cash; usually no prior offenses | 1–3 years in prison for first offense (felony), fines, probation, treatment programs |
| Intent to Distribute | Possession with evidence suggesting plans to sell or distribute, even if no actual sale occurred | Moderate quantity; presence of digital scales, baggies, text messages, cash; prior arrests | 1–10+ years in prison depending on quantity and criminal history; possible federal charges |
| Trafficking | Possession of fentanyl in large amounts as defined by law | 4+ grams of fentanyl; transport materials; often multi-agency investigations | 10–35 years in prison; up to life in some federal cases; heavy fines |
Fentanyl Trafficking in Georgia
How Much Fentanyl Is Considered Trafficking in Georgia?
As of July 2025 in Georgia, trafficking charges start at just 4 grams of fentanyl. That’s an incredibly small amount, about the weight of four paperclips. It is so small that someone might not ever know it was on their person or had been left behind in their vehicle until it was too late.
Mandatory Minimum Sentences for Fentanyl Trafficking
Georgia law requires mandatory minimum sentences for fentanyl trafficking. A skilled trafficking attorney can challenge the weight calculations, the legality of the search, and the intent alleged by prosecutors. Possession can lead to:
- Mandatory 10 year sentence for 4-8 grams
- Mandatory 35-year sentence for 28 or more grams
Fentanyl Possession Charges in Georgia
Penalties for Simple Possession
Even simple possession of fentanyl is classified as a felony in Georgia. A first offense may carry:
- 1–3 years in prison
- Hefty fines
- Probation, drug testing, and treatment programs
Repeat offenses result in harsher penalties, and prior convictions can enhance new charges.
How Fentanyl Possession Is Prosecuted Differently
Because fentanyl is so dangerous and has become a hot-button issue for the public, prosecutors treat possession far more seriously than other opioids. Unlike marijuana or even cocaine, there's little room for leniency, so a skilled attorney that can turn over every rock to aid your defense is necessary.
Search and Seizure Defenses in Possession Cases
Many fentanyl arrests stem from vehicle searches, traffic stops, or home raids. If your rights were violated— such as an unlawful search without a warrant or probable cause— your attorney can file a motion to suppress evidence. Without the drugs, the case may be dismissed entirely.
What to Do if You’re Facing a Fentanyl Charge
Don’t Speak to Police Without a Lawyer
It’s your right to remain silent. Anything you say can be used against you— even if you're just trying to explain yourself. Politely decline to answer questions until your lawyer is present.
Get Legal Help Immediately — Time Matters
The sooner you hire a defense attorney, the better. Key evidence, witnesses, and legal strategies need to be handled fast. Waiting can lead to missed opportunities or harsher charges.
Arrested for Fentanyl Trafficking or Possession in Georgia?
If you or a loved one is facing fentanyl charges in Georgia, don’t face it alone. The Abt Law Firm has defended thousands of serious drug crimes cases and knows how to fight tough charges in both state and federal court.
Contact us online today or call (770) 977-6105 for a confidential consultation today.
