Georgia’s laws regarding drugs are as clear as they are strict, dictating it illegal for anyone to purchase, possess or even have physical control of any controlled substance.
From simple possession, the associated penalties escalate for those who are found to be manufacturing controlled substances. In the context of drug laws, manufacturing is a broad term which covers the production of drugs, compounding naturally occurring elements of drugs, conversion of legal substances to mimic illegal drugs or preparation of illegal drugs.
Some of the harshest penalties are reserved for those found to be trafficking controlled substances – transporting them in quantity from a different state or country. Several factors determine whether those arrested may face trafficking charges.
This first is possession. This can be either “actual possession,” meaning the person physically held or controlled the substance, or “constructive possession,” in which the controlled substance is stored in a place under the control or ownership of the individual. Once possession has been shown, a drug trafficking charge can result from the individual delivering, producing or distributing the drug in question.
While state and federal laws mirror one another in the case of drug trafficking, the charge is generally prosecuted on a federal level if the individual moves drugs across state lines.
Prosecuting Drug Trafficking Charges
Under the tenets of Georgia law, it falls on the prosecution to prove beyond a reasonable doubt that the defendant is guilty of drug trafficking. In order to do so, they generally rely on several types of evidence.
Quantity: Georgia law proscribes specific weight limits for each drug, serving as the dividing line between simple possession and trafficking. These weight limits vary by drug.
Paraphernalia: Beyond the quantity involved, possession of certain paraphernalia can result in a trafficking charge. Some may show intent to distribute, including packing material, incoming or outgoing texts or phone calls discussing distribution, and even money in large enough sums. Some may point to manufacturing, such as measuring devices and scales.
Signs of Obfuscation: Evidence that an attempt was made to cover up the signs of trafficking, such as hiding drugs in a building or vehicle, or conducting large untraceable cash transactions, can point to a possible conviction.
Testimony: Testimony can come from law enforcement, either obtained during the arrest or through undercover or sting operations. It can also come from witnesses to the crime, co-defendants or confidential informants, and even from admissions made by the defendant.
Criminal Record: While a previous conviction may not be admissible, prosecutors are legally able to introduce it to the record during trial if it indicates a pattern of criminal behavior.
If they are successful, the defendant will have to face the devastating long-term consequences of a drug trafficking charge. This goes beyond just monetary fines and jail time, with a conviction on their permanent record lasting forever. For most, this means a decreased ability to secure employment, housing or professional licensure, loss of federal benefits, and a loss of civil rights from owning a firearm to voting. For non-citizens, this can mean deportation.
The extent of fines and punishments associated with a conviction vary by the type of drug, which the United States categorizes into five different schedules.
Schedule I
This schedule contains those substances that have a high potential for abuse, and no recognized medical use under U.S. law. These include drugs such as:
- Heroin (aka Smack, Junk, Skag, Black Tar, Horse, Brown)
- Cannabis* (aka, Weed, Grass, Chronic, Mary Jane, Ganja, Bud, Herb, Pot)
- Ecstasy (aka Molly, X, Adam, Beans, Hug Drug, Rolls, E)
* The scheduling and legality for cannabis varies from state to state. In Georgia, cannabis is considered a Schedule I drug.
The consequences for trafficking in Schedule I drugs can include a prison term of 5 years to life, with monetary fines set according to the amount trafficked, criminal history, and individual circumstances.
Schedule II
Schedule II drugs are those substances that currently have an accepted medical use, but are restricted under law as they have a high potential for abuse and subsequence dependence. Schedule II street drugs include:
- Cocaine (aka Coke, Blow, Dust, White, Snow, Powder)
- Methamphetamines (aka Meth, Crystal Meth, Blue, Glass, Ice, Crystal)
This schedule also contains several prescription medications, which are often administered at higher-than-prescribed doses in order to replicate the high of street drugs. These include opioids such as:
- Fentanyl (aka Tango and Cash, TNT, Apache, China Girl, Dance Fever, Goodfella, China White, Murder 8, Jackpot)
- Oxycodone (including OxyContin and Percocet) (aka Oky, Percs, Oycotton)
- Hydrocodone (including Vicodin and Norco) (aka Hillbilly Heroin, Vikes, Hydro)
Controlled substances included in Schedule II include stimulants such as Methylphenidate (Ritalin, Concerta), Amphetamine and Dextroamphetamine (Adderall) which are generally prescribed for ADHD. It also includes some barbiturates such as Amobarbital.
The consequences for trafficking in Schedule II drugs can include a prison term of 5 years to life, with monetary fines set according to the amount trafficked, criminal history, and individual circumstances.
Schedule III
Schedule III drugs are those substances that have a currently accepted medical use. While the potential for abuse still exists, it is less likely than it would be with substances classified under Schedules I or II. As such, while these substances are legal in certain quantities or applications, trafficking in them is a crime. They include:
- Secobarbital
- Amobarbital
- Codeine, particularly in Acetaminophen or cough medicine
- Ketamine
- Dronabinol
The consequences for trafficking in Schedule III drugs can include a prison term between 1-10 years, with monetary fines set according to the amount trafficked, criminal history, and individual circumstances.
Schedule IV
As with Schedule III, Schedule IV covers those substances that have a currently accepted medical use and low potential for abuse. They include:
- Benzodiazepines, prescribed for insomnia or anxiety, including Alparozalam (Xanax), Lorazepam (Ativan) and Diazepam (Valium).
- Barbiturates, including Phenobarbital.
- Sedatives, including Soma, Tramadol, and Zolpidem (Ambien).
Schedule V
Controlled substances classified as Schedule V have the lowest potential for abuse among scheduled substances, but can still create chemical dependence.
The consequences for trafficking in Schedule V drugs can include a prison term between 1-3 years, with monetary fines set according to the amount trafficked, criminal history, and individual circumstances.
Penalties for Trafficking
While their placement within each Schedule gives a rough indication of expected jail time and fines, it can be helpful to look at the penalties assessed for individual street drugs and the relative amount trafficked. What follows is not necessarily the letter of the law, but does follow sentencing guidelines most used by Georgia courts. Jail terms can potentially reflect the mandatory minimum sentence.
Cocaine (at effective purity)
- Between 28-200 grams: 10 years in prison, $200,000 in fines
- Between 200-400 grams: 15 years in prison, $300,000 in fines
- More than 400 grams: 25 years in prison, $1 Million in fines
Heroin, Morphine, and Opium
- Between 4-14 grams: 5 years in prison, $50,000 in fines
- Between 14-28 grams: 10 years in prison, $100,000 in fines
- More than 28 grams: 25 years in prison, $500,000 in fines
Cannabis
- Between 10-2,000 pounds: 5 years in prison, $100,000 in fines
- Between 2,000 and 10,000 pounds: 7 years in prison, $250,000 in fines
- More than 10,000 pounds: 15 years in prison, $1 Million in fines
Methaqualone
- Between 200-400 grams: 5 years in prison, $50,000 in fines
- More than 400 grams: 15 years in prison, $250,000 in fines
Methamphetamine or Amphetamine
- Between 28-200 grams: 10 years in prison, $200,000 in fines
- Between 200-400 grams: 15 years in prison, $300,000 in fines
- More than 400 grams: 25 years in prison, $1 Million in fines
As stated, the above prison terms represent the mandatory minimum sentence as proscribed by law. Regardless of any external factors or circumstances of the individual case, a judge is required to impose that length of imprisonment at the very least.
Alternatives to Jail
In certain cases, those convicted of drug trafficking can seek alternate sentencing to avoid jail time. These alternatives are granted on a case-by-case basis and can include:
Drug Courts: Designed to rehabilitate drug offenders, these special courts can reduce sentencing or even dismiss charges based on completion of a court-ordered drug treatment program, administered under supervision.
Plea Bargains: While this may still result in jail time, entering a guilty plea on a lesser charge can result in a reduced sentence.
First Offender Act: Those facing their first conviction can plead guilty under this act, entering into a probationary period after which charges will be dismissed, keeping their record clear of a conviction.
Conditional Discharge: Like the First Offender Act, this allows first-time non-violent offenders to plead guilty without being formally convicted.
Pretrial Diversion Program: Reserved for first-time, non-violent offenders, this creates a set of requirements that, once fulfilled, can lead to dismissal.
Treatment Programs: In cases where addiction played a role in the initial act, court-ordered treatment programs can serve as an alternative to traditional sentencing.
Defending Against Drug Trafficking Charges
As a serious and often complicated crime, drug trafficking requires a multi-pronged defense that is dynamic and rooted in thorough research. Some of the more common defense strategies include:
Disproving Trafficking: Here the defense attacks those factors that define drug trafficking, arguing that the drugs were not in their possession (say if they were in an easily accessed space), that they didn’t intend to distribute (for example, that the substances were for personal use), or that the defendant was threatened by force into the action by a third party.
Questioning Law Enforcement Actions: The law is very clear in limiting police authority, and any overstep on law enforcement’s part can dismantle the prosecution’s case. This can include disputing whether the initial search was legal, as a violation can lead to suppression of evidence, or claiming entrapment, that the defendant was compelled to commit the offense by law enforcement.
Questioning Validity of Evidence: This defense can focus on either witness testimony or evidence gathered by law enforcement. Witnesses may have possibly spoken falsely or been mistaken, and testimony from police informants can often be skewed by the informant themselves. Evidence can be rendered inadmissible if it can be shown that it was mishandled or tampered with.
The Best Preparation, The Best Outcomes
Beating a charge of drug trafficking is possible, with the right preparation. At Busbee Law Group, we build every defense on a foundation of exhaustive research, relentlessly combing through every detail in search of the truth. Every detail we find helps us create a defense built around the facts and evidence in a way that the prosecution simply can’t.
We’re able to go to such extreme lengths for each client because we deliberately keep our caseloads low to achieve favorable outcomes, which is the bedrock of our reputation.
Schedule a Free, Confidential Case Evaluation
By scheduling a free no-obligation consultation today, you gain the benefit of a team-based approach that treats every client with the respect they deserve. There are ways to have drug trafficking charges dismissed or reduced and we can explore the many ways to make that happen.