Drug-related charges in Georgia vary in severity, with simple possession and drug trafficking being two of the most common yet distinct offenses. While both involve controlled substances, the legal consequences and defense strategies for each differ significantly. Understanding these differences is crucial if you or a loved one is facing drug charges.
As a seasoned defense attorney in Georgia, I have helped countless individuals fight drug-related charges, ensuring their rights are protected. In this guide, I’ll explain the legal distinctions between simple possession and drug trafficking, the penalties involved, and how to prepare a strong defense.
Best Defense Drug Lawyer in Georgia
Jennifer Scalia
- Call: (470) 505-9791
- Email: jennifer@lawofficeofjenniferscalia.com
- Address: Law Office of Jennifer Scalia, Cumming, Georgia, United States
What is Simple Drug Possession in Georgia?
Definition of Simple Possession
Simple possession refers to having a controlled substance for personal use without intent to distribute or sell. This charge is typically applied when law enforcement finds a small quantity of drugs on a person, in their vehicle, or on their property.
Common Drugs Associated with Possession Charges
- Marijuana (less than 1 ounce: misdemeanor; more than 1 ounce: felony)
- Cocaine
- Heroin
- Methamphetamine
- Prescription Drugs (without a valid prescription)
Penalties for Simple Possession in Georgia
The penalties for drug possession depend on the type and amount of substance involved:
| Drug Schedule | Penalty for First Offense | Penalty for Repeat Offense |
|---|---|---|
| Schedule I or II (heroin, LSD, meth) | Felony, 2-15 years in prison | Up to 30 years in prison |
| Schedule III, IV, or V (Xanax, Valium) | Felony, 1-5 years in prison | Up to 10 years in prison |
| Marijuana (<1 oz) | Misdemeanor, up to 12 months jail & $1,000 fine | Possible felony if repeated |
How Prosecutors Prove Possession
To secure a conviction, the prosecution must prove:
- You knowingly possessed the drug.
- The substance found is an illegal controlled drug.
- The quantity was within possession limits, not distribution or trafficking levels.
Defenses Against Simple Possession Charges
- Illegal Search and Seizure – If police conducted an unlawful search, the evidence might be inadmissible.
- Lack of Knowledge – If you were unaware of the drugs in your possession (e.g., drugs found in a borrowed car).
- Lab Testing Errors – The prosecution must prove the substance is an illegal drug. A lab analysis can challenge this.
What is Drug Trafficking in Georgia?
Definition of Drug Trafficking
Drug trafficking is a far more serious charge that involves:
- Possession of a large quantity of drugs beyond personal use limits.
- Distribution, transportation, or manufacturing of illegal drugs.
- Crossing state or international borders with controlled substances.
Minimum Quantity for Trafficking Charges
The threshold amounts that elevate a possession charge to trafficking include:
- Marijuana – 10 lbs or more
- Cocaine – 28 grams or more
- Methamphetamine – 28 grams or more
- Heroin – 4 grams or more
Penalties for Drug Trafficking in Georgia
Drug trafficking convictions in Georgia carry mandatory minimum sentences, meaning judges have little discretion in sentencing:
| Drug Type | Quantity | Mandatory Minimum Sentence | Fine |
|---|---|---|---|
| Cocaine | 28g – 200g | 10 years | $200,000 |
| Meth | 28g – 200g | 10 years | $200,000 |
| Heroin | 4g – 14g | 5 years | $50,000 |
| Marijuana | 10 lbs – 2,000 lbs | 5 years | $100,000 |
How Prosecutors Prove Trafficking
To convict someone of drug trafficking, the prosecution must prove:
- The accused knowingly possessed a large quantity of drugs.
- There was an intent to distribute, sell, or transport the drugs.
- The accused was engaged in an organized drug operation (if applicable).
Defenses Against Drug Trafficking Charges
- Entrapment – If law enforcement induced you to commit a crime you otherwise wouldn’t have committed.
- Unlawful Search and Seizure – If officers obtained evidence illegally, it could be thrown out in court.
- Mistaken Identity – You may have been falsely accused due to association with someone involved in trafficking.
Key Differences Between Possession and Trafficking
| Factor | Simple Possession | Drug Trafficking |
|---|---|---|
| Amount of Drugs | Small quantity (for personal use) | Large quantity (beyond personal use) |
| Charge Type | Misdemeanor or felony | Always a felony |
| Penalties | 1-15 years in prison | 5-25+ years in prison |
| Intent | No intent to distribute | Intent to sell, distribute, or transport |
| Fines | Up to $5,000 | $50,000 – $1,000,000 |
What to Do If You Are Facing Drug Charges in Georgia
- Do Not Speak to Police Without a Lawyer – Anything you say can be used against you.
- Gather Evidence – Keep records, witness statements, and anything that could support your defense.
- Hire an Experienced Defense Attorney – A skilled lawyer can negotiate plea deals, challenge evidence, and fight for your rights in court.
If you are facing drug possession or trafficking charges in Georgia, the Law Office of Jennifer Scalia is here to help. I have years of experience successfully defending clients in drug-related cases. Contact me today for a confidential case review.
📞 Call: (470) 505-9791
📧 Email: jennifer@lawofficeofjenniferscalia.com
Frequently Asked Questions (FAQs)
1. Can a Simple Possession Charge Be Reduced or Dismissed?
Yes, depending on the circumstances, first-time offenders may be eligible for diversion programs or reduced sentences through plea bargaining.
2. What’s the Difference Between Possession with Intent and Trafficking?
Possession with intent means you had drugs and planned to distribute them, but the amount does not meet trafficking levels. Trafficking involves larger quantities and has mandatory prison sentences.
3. How Can I Beat a Drug Trafficking Charge in Georgia?
Defenses include illegal search and seizure, lack of knowledge, and proving the drugs didn’t belong to you. A strong defense strategy depends on the details of your case.
4. Can I Get Bail for Drug Trafficking in Georgia?
Bail is possible but challenging for trafficking charges. Courts may deny bail if they believe you pose a flight risk. An experienced attorney can argue for your release.
5. How Soon Should I Hire a Lawyer After a Drug Arrest?
Immediately. The sooner you get a defense lawyer, the better your chances of fighting the charges. Early intervention can prevent mistakes that weaken your case.
