Drug Trafficking vs. Possession in Georgia
If you’re facing drug charges in Georgia, one of the most important things to understand is the difference between possession and trafficking. These two charges are not the same—and they carry very different consequences. I’ve worked with clients across Cobb County and throughout Georgia who were charged with trafficking when they were simply caught with drugs for personal use. The difference can mean years in prison and thousands of dollars in fines. That’s why it’s critical to understand what these charges mean, how they’re defined under Georgia law, and what your rights are if you’ve been accused.
What Is Drug Possession In Georgia?
Drug possession in Georgia falls under O.C.G.A. § 16-13-30(a), which makes it illegal to knowingly possess any controlled substance unless you have a valid prescription. Possession can be either “actual” (the drugs are found on your person) or “constructive” (the drugs are found in a place you control, like your car or home).
Possession charges can be either misdemeanors or felonies, depending on the type and quantity of the substance. For example:
- Possession of less than one ounce of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b).
- Possession of most other drugs, such as cocaine, methamphetamine, heroin, or prescription pills without a prescription, is a felony.
Penalties for felony possession usually include:
- 1 to 3 years in prison for Schedule III, IV, or V drugs
- 2 to 15 years for Schedule I or II drugs
What Is Drug Trafficking In Georgia?
Drug trafficking in Georgia is based primarily on weight—not intent. That means you don’t have to be caught selling drugs or even moving them across state lines to be charged with trafficking. If the amount of drugs found exceeds a certain threshold, the law automatically treats it as trafficking under O.C.G.A. § 16-13-31.
For example:
- More than 28 grams of cocaine = trafficking
- More than 1 gram of heroin = trafficking
- More than 4 grams of methamphetamine = trafficking
- More than 10 pounds of marijuana = trafficking
Trafficking charges come with mandatory minimum prison sentences. That means if you’re convicted, the judge has no choice but to sentence you to at least the minimum term set by law—even if you have no prior criminal record.
Here’s a breakdown for cocaine:
- 28 to 199 grams – 10-year minimum sentence and $200,000 fine
- 200 to 399 grams – 15-year minimum sentence and $300,000 fine
- 400+ grams – 25-year minimum sentence and $1 million fine
These same mandatory minimums apply to other drugs in similar weight categories.
Why Drug Weight Matters So Much
You may be charged with trafficking even if you had no intention to sell or distribute the drugs. Georgia law doesn’t require proof that you were moving drugs or selling them—just that you possessed more than the threshold amount.
This is why drug weight is often the biggest issue in these cases. We examine how the drugs were weighed, whether they included packaging materials and whether law enforcement followed proper procedures. Challenging the weight can sometimes mean the difference between a 25-year prison sentence and a lesser charge of possession.
How Prosecutors Try To Prove Intent To Distribute
Even if the weight isn’t high enough for trafficking, prosecutors can charge you with possession with intent to distribute under O.C.G.A. § 16-13-30(b). They don’t need to catch you in the act of selling drugs. Instead, they may try to use circumstantial evidence like:
- Large amounts of cash
- Scales or baggies
- Multiple phones
- Text messages about drug transactions
We work hard to challenge these assumptions. Just because someone has cash or a phone doesn’t mean they were dealing drugs. Without direct evidence of a sale, these charges can often be reduced or dismissed.
Common Defenses To Possession And Trafficking Charges
There are several defenses we may use depending on the facts of your case:
- Illegal Search or Seizure – If police violated your Fourth Amendment rights, we can file a motion to suppress the evidence.
- Lack of Knowledge – You must knowingly possess the drugs to be guilty. If someone else left them in your car or home, we can argue that you didn’t know they were there.
- Invalid Weighing or Lab Testing – We may challenge how the drugs were tested or whether the weight included non-drug materials.
- No Intent to Distribute – In intent-to-distribute cases, we push back on the idea that everyday items like phones or cash prove you were dealing.
Frequently Asked Questions About Drug Charges In Georgia
What Is The Difference Between Drug Possession And Trafficking In Georgia?
Possession means having illegal drugs for personal use. Trafficking is based on having more than a certain amount of drugs, even if you have never sold or distributed them. Under Georgia law, drug trafficking charges depend on weight alone and come with much harsher penalties, including mandatory prison time.
Can I Be Charged With Trafficking Just For Having Drugs In My Car?
Yes. If the drugs are in your vehicle and you have control over them, you can be charged with trafficking if the weight exceeds the legal threshold. You don’t need to be caught moving them across borders or caught in the act of selling.
Is Possession Of Marijuana Still A Crime In Georgia?
Yes. Even though some states have legalized marijuana, it is still illegal in Georgia. Possession of less than one ounce is a misdemeanor under O.C.G.A. § 16-13-2(b), punishable by up to 12 months in jail and a fine. Possession of more than one ounce is a felony.
What Happens If I’m Convicted Of Drug Trafficking In Georgia?
If you’re convicted of trafficking, you face mandatory prison time and large fines. For example, trafficking 28 to 199 grams of cocaine carries a minimum sentence of 10 years in prison and a $200,000 fine under O.C.G.A. § 16-13-31(a)(1). The sentence cannot be reduced by the judge unless you cooperate under specific legal guidelines.
Can The Police Use My Text Messages Against Me In A Drug Case?
Yes. If law enforcement obtains a warrant and finds messages about drug deals on your phone, those messages can be used as evidence. However, we may challenge whether the search was legal or whether the messages truly show criminal activity.
Can I Be Charged With Intent To Distribute If I Never Sold Anything?
Yes. Prosecutors don’t need to prove an actual sale. They can try to infer intent based on the amount of drugs and other items like baggies, cash, or scales. We often challenge these assumptions and argue the evidence is consistent with personal use.
What Should I Do If I’m Charged With Drug Possession Or Trafficking?
Call an attorney immediately. Do not talk to the police, and do not try to explain your side without legal help. Drug charges are serious, and anything you say can be used against you. A strong legal defense starts with protecting your rights from the beginning.
Call The Mazloom Law Firm, LLC, If You’re Facing Drug Charges In Georgia
At The Mazloom Law Firm, LLC, we defend people charged with all types of drug crimes—from simple possession to high-level trafficking. We know Georgia drug laws inside and out, and we work aggressively to challenge the evidence, reduce the charges, and protect your future.
To receive a free consultation, call our Marietta drug crime lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. We serve clients throughout Georgia from offices in Marietta, Atlanta, and the surrounding counties.
