Last updated: October 27, 2026
Drug trafficking is one of the most heavily punished offenses in Georgia. Under O.C.G.A. § 16-13-31, trafficking is defined mainly by weight: possessing, selling or transporting more than a set amount of a drug is trafficking, even without proof that you intended to sell it. Conviction carries a mandatory minimum prison term and a mandatory fine. This guide explains the weight thresholds, the penalties (including Georgia’s newer fentanyl provisions), and the defenses and sentencing options that matter most. You can also read about our drug offense defense.
What Counts as Drug Trafficking in Georgia
A person commits trafficking if they sell, manufacture, deliver, bring into Georgia or possess at least the threshold amount of a listed drug. Georgia courts have made several important points clear:
- Intent to distribute is not required. Possessing the threshold amount is enough (Moran v. State, 1984).
- You do not have to know the exact weight. The State must prove you knowingly possessed the drug, not that you knew it weighed 28 grams or more (Cleveland v. State, 1995).
- Possession can be actual or constructive. But being near drugs is not enough by itself; in Cobarrubias-Garcia v. State (2012), convictions were reversed because the only link was spatial proximity.
- Weight usually includes the mixture. For cocaine, a mixture must be at least 10 percent pure, or the weight is calculated by multiplying the mixture weight by its purity. For heroin and other opiates, no purity threshold applies.
- One stash, one count. Prosecutors cannot split a single quantity into several trafficking charges (Snoke v. State, 1999).
Weight Thresholds and Mandatory Minimums
| Drug (O.C.G.A. § 16-13-31) | Weight | Mandatory minimum | Mandatory fine |
|---|---|---|---|
| Cocaine | 28 g to under 200 g | 10 years | $200,000 |
| Cocaine | 200 g to under 400 g | 15 years | $300,000 |
| Cocaine | 400 g or more | 25 years | $1,000,000 |
| Methamphetamine or amphetamine | 28 g to under 200 g | 10 years | $200,000 |
| Methamphetamine or amphetamine | 200 g to under 400 g | 15 years | $300,000 |
| Methamphetamine or amphetamine | 400 g or more | 25 years | $1,000,000 |
| Heroin, morphine, opium and listed opioids | 4 g to under 14 g | 5 years | $50,000 |
| Heroin, morphine, opium and listed opioids | 14 g to under 28 g | 10 years | $100,000 |
| Heroin, morphine, opium and listed opioids | 28 g or more | 25 years | $500,000 |
| Fentanyl and fentanyl analogs | 4 g to under 8 g | 10 years | $75,000 |
| Fentanyl and fentanyl analogs | 8 g to under 14 g | 15 years | $150,000 |
| Fentanyl and fentanyl analogs | 14 g to under 28 g | 25 years | $250,000 |
| Fentanyl and fentanyl analogs | 28 g or more | 35 years | $750,000 |
| Marijuana | More than 10 lbs to under 2,000 lbs | 5 years | $100,000 |
| Marijuana | 2,000 lbs to under 10,000 lbs | 7 years | $250,000 |
| Marijuana | 10,000 lbs or more | 15 years | $1,000,000 |
Manufacturing methamphetamine is trafficking in any amount, with a 10-year minimum for under 200 grams. The maximum sentence for trafficking is generally 30 years and a $1 million fine; for fentanyl trafficking committed on or after May 5, 2026, the maximum is 40 years. No part of a mandatory minimum can be probated or suspended, except through the departure options below (§ 16-13-31(h) and (i)).
Ways a Sentence Can Go Below the Mandatory Minimum
1. The “safety valve”
A judge may depart from the mandatory minimum if all of these are true: the person was not a leader of the criminal conduct, did not possess or use a firearm, dangerous weapon or hazardous object, the conduct did not cause death or serious bodily injury to anyone outside the crime, the person has no prior felony conviction, and imposing the minimum would not serve the interests of justice (§ 16-13-31(g)(2)). Departures must stay within ranges set in the statute; for example, the 10-year cocaine minimum can be reduced to a range of 5 to 10 years.
2. Substantial assistance
The District Attorney may ask the court to reduce or suspend the sentence of a person who provides substantial assistance in identifying, arresting or convicting accomplices or others involved (§ 16-13-31(g)(1)). The motion can be heard privately.
3. Agreement with the prosecutor
The court may impose a sentence below the minimum when the prosecutor and the defense agree to it (§ 16-13-31(g)(3)).
Trafficking vs. Possession and Distribution
Below the trafficking thresholds, drug cases are charged under O.C.G.A. § 16-13-30 as possession, possession with intent to distribute, or sale and distribution, which carry lower penalties and no trafficking-level mandatory minimums. Read more about simple possession vs. trafficking and what to do after a drug possession arrest.
Common Defenses to Trafficking Charges
- Unlawful stop or search. If police lacked a valid basis for the stop, prolonged it without reasonable suspicion, or searched without valid consent or probable cause, the drugs may be suppressed. Suppression motions have strict deadlines.
- No knowing possession. Drugs found in a shared car, home or room do not automatically belong to everyone present. Georgia law presumes a driver possesses what is in the car, but the presumption can be rebutted, for example where others had equal access.
- Weight and purity. Lab testing, how the sample was taken and whether packaging was included in the weight can decide which tier, or whether trafficking applies at all.
- Identity and informant reliability. Cases built on confidential informants or controlled buys can be challenged on reliability and on the defendant’s right to confront witnesses.
- Entrapment, where the idea for the crime came from law enforcement rather than the defendant.
What Happens After a Trafficking Arrest
Trafficking is one of the offenses for which only a Superior Court judge can set bond (O.C.G.A. § 17-6-1(a)), so getting a bond hearing scheduled is usually the first priority. See what happens after a felony arrest in Georgia for the full process.
Frequently Asked Questions
How much cocaine is trafficking in Georgia?
28 grams or more of cocaine, or of a mixture that is at least 10 percent cocaine.
How much marijuana is trafficking in Georgia?
More than 10 pounds.
Is fentanyl trafficking treated differently?
Yes. Since July 1, 2025, Georgia has a separate fentanyl trafficking provision starting at 4 grams with a 10-year minimum, rising to a 35-year minimum at 28 grams or more.
Can a trafficking sentence be probated?
Not the mandatory minimum, unless the court departs under the safety valve, substantial assistance or an agreement with the prosecutor.
Talk to a Defense Attorney
The Law Office of Jennifer Scalia represents people charged with drug trafficking in Cumming and across Forsyth, Hall, Dawson and Lumpkin counties. Call (470) 505-9791 for a free, confidential consultation.
Sources: O.C.G.A. § 16-13-31 (2025 code, including the 2025 and 2026 amendments) and § 17-6-1; Georgia appellate decisions cited above.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, so please contact the Law Office of Jennifer Scalia for advice about your specific situation.
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