What To Do If You’re Charged With A Drug Crime In Georgia
Understanding The Seriousness Of Georgia Drug Charges
If you’ve been charged with a drug crime in Georgia, I want you to know something right away: your situation is serious, but it is not hopeless. Georgia’s drug laws are some of the toughest in the nation, and the penalties can change your life forever if you’re convicted. A simple possession case can carry jail time, fines, probation, and a permanent criminal record. Felony charges for distribution or trafficking can result in years, even decades, behind bars.
The first thing I tell my clients is that Georgia prosecutors take drug charges very seriously, and they often try to push for the maximum sentence. However, as a criminal defense attorney, I have seen firsthand how strong defenses, legal challenges, and a thorough understanding of Georgia law can protect your rights and your future.
When you’re facing these charges, your actions in the hours and days following your arrest can make all the difference in the outcome of your case. That’s why I’m going to walk you through what the law says, what the penalties are, and most importantly, what you should do next.
Georgia’s Main Drug Law: Controlled Substances Act
Most drug crimes in Georgia are covered under O.C.G.A. § 16-13-30, Possession, Manufacture, Distribution, or Sale of Controlled Substances. Here’s the exact statute language for the main section:
O.C.G.A. § 16-13-30(a): “Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.”
This is the core possession law. In plain terms, if you’re caught with drugs and you don’t have a valid legal reason (like a prescription for certain medications), you can be charged.
Penalties vary depending on the drug and the amount. Georgia classifies drugs into “Schedules” based on how addictive and dangerous they are. Schedule I and II drugs, like heroin, cocaine, methamphetamine, and some opioids, carry the harshest penalties. Even small amounts can be charged as felonies.
Possession With Intent To Distribute
If the police or prosecutors believe you planned to sell or distribute the drugs, the stakes get even higher. This is also covered in O.C.G.A. § 16-13-30(b):
O.C.G.A. § 16-13-30(b): “It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.“
Even if you never sold a single gram, possession with intent can be charged based on circumstantial evidence, like having the drugs in multiple small baggies, scales, or large amounts of cash.
Trafficking Charges In Georgia
When the quantity of drugs crosses a certain threshold, Georgia law treats the offense as trafficking, even if there’s no evidence of actual selling. The trafficking statute is O.C.G.A. § 16-13-31, which sets mandatory minimum prison sentences.
For example, under O.C.G.A. § 16-13-31(e) for cocaine:
“Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of cocaine … shall be guilty of the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished by imprisonment for not less than ten years nor more than 30 years and shall pay a fine of not less than $200,000.00.”
This means that even without evidence of selling, mere possession of a certain amount can automatically lead to a trafficking charge with a decade or more in prison if convicted.
Your Rights When Facing A Georgia Drug Charge
No matter the charge, you have rights under both the U.S. Constitution and Georgia law. You have the right to remain silent, the right to an attorney, and the right to challenge how the police conducted their search, seizure, and arrest.
If the police violated O.C.G.A. § 17-5-30 (the Georgia statute on motions to suppress evidence obtained illegally), your attorney can ask the court to throw out that evidence, which can weaken or even destroy the prosecution’s case.
O.C.G.A. § 17-5-30(b): “If the motion is granted, the property shall not be admissible in evidence against the movant at any trial.”
This is why contacting a lawyer immediately is so important — we can move quickly to preserve your rights.
Steps You Should Take Immediately
- Do Not Talk To Police Without A Lawyer Present – Anything you say can and will be used against you.
- Hire an Experienced Criminal Defense Attorney Immediately – Early intervention can sometimes lead to reduced charges or even dismissal.
- Document Everything – Write down exactly what happened before, during, and after your arrest.
- Stay Off Social Media – Anything you post can be used against you in court.
We have helped many clients in Georgia beat drug charges by aggressively challenging the state’s evidence, questioning the credibility of informants, and exposing procedural mistakes by law enforcement.
Building A Strong Defense Against Georgia Drug Charges
When we defend a drug case, our first step is to examine every part of the prosecution’s evidence. Georgia law is clear that the burden is on the state to prove every element of the charge beyond a reasonable doubt. That means the state must prove not only that the substance was illegal, but also that you knowingly possessed it.
In many cases, constructive possession, where drugs are found near you but not directly on you, becomes a key battle. Under O.C.G.A. § 16-13-30(a), the state must still show you had control over and knowledge of the substance. If the drugs were in a shared space, such as a car with multiple passengers, proving that beyond a reasonable doubt can be very difficult for the state.
Another critical defense tool is O.C.G.A. § 17-5-30, the motion to suppress statute, which allows us to challenge searches that violated your Fourth Amendment rights. If an officer did not have probable cause, a warrant, or a valid exception to the warrant requirement, the evidence can be thrown out:
O.C.G.A. § 17-5-30(b): “If the motion is granted, the property shall not be admissible in evidence against the movant at any trial.”
We also explore whether the arresting officers followed proper procedure in handling evidence, testing the substances, and documenting the chain of custody.
How Georgia Sentencing Works For Drug Crimes
Georgia’s sentencing structure for drug offenses depends heavily on the type of drug, the amount, and the circumstances. For example:
Possession of Schedule I or II controlled substances (O.C.G.A. § 16-13-30(c)) – “Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years.”
Second or subsequent convictions increase the mandatory minimums and maximum penalties.
If your case involves trafficking levels as defined in O.C.G.A. § 16-13-31, mandatory minimum sentences apply, and the judge generally cannot sentence you below that unless the prosecution agrees to a reduced charge.
Why Acting Fast Matters
Time is a huge factor in drug cases. The sooner you involve a lawyer, the better your chances of identifying constitutional violations, negotiating favorable plea agreements, or preparing a strong defense for trial. The prosecution starts building its case the moment you are charged — you should be building yours immediately, too.
We have represented clients in Cobb County and across Georgia who walked into our office thinking their lives were over, only to leave the courthouse months later with their charges reduced or dismissed because we were able to challenge the state’s case effectively.
Frequently Asked Questions About Georgia Drug Charges
What Is The Difference Between Possession And Possession With Intent In Georgia?
Possession means you had a controlled substance in your actual possession or under your control, as outlined in O.C.G.A. § 16-13-30(a). Possession with intent to distribute, covered under § 16-13-30(b), involves proof that you planned to sell, deliver, or distribute the drugs. Intent is often proven by circumstantial evidence such as packaging, quantity, or other materials found.
Can I Be Charged If The Drugs Weren’t Mine?
Yes, under Georgia law, constructive possession allows prosecutors to charge you if they believe you had control over and knowledge of the drugs, even if they weren’t physically on you. However, we can challenge this by showing there’s reasonable doubt that you had any control or knowledge.
What Are The Penalties For First-Time Drug Possession?
For Schedule I or II drugs, a first conviction under O.C.G.A. § 16-13-30(c) can carry 2–15 years in prison. For non-narcotic Schedule II substances, the sentence can be 2–15 years as well. For marijuana under one ounce, it’s a misdemeanor punishable by up to one year in jail and a $1,000 fine.
What If The Police Searched My Car Without A Warrant?
Under the Fourth Amendment and O.C.G.A. § 17-5-30, any search without a warrant must fit within a recognized exception, such as probable cause or consent. If not, we can file a motion to suppress and potentially have the evidence excluded.
How Does Georgia Define Trafficking?
Trafficking is defined in O.C.G.A. § 16-13-31. For example, possession of 28 grams or more of cocaine triggers a mandatory minimum 10-year prison sentence. The thresholds and penalties vary by drug type.
Can My Case Be Dismissed?
Yes. Dismissal can happen if evidence is suppressed, if the state’s witnesses are unreliable, if lab results are flawed, or if the prosecution cannot meet its burden of proof. We aim to find weaknesses in the state’s case that justify dismissal or significant reduction of charges.
What Should I Do First After Being Charged?
Remain silent, request an attorney, and avoid speaking to police without legal counsel. Then, contact a criminal defense lawyer immediately so they can begin investigating and protecting your rights.
Call The Mazloom Law Firm, LLC Today
If you’re facing drug charges in Georgia, you cannot afford to wait. The law is strict, the penalties are severe, and the prosecution will be working against you from day one. At The Mazloom Law Firm, LLC, we fight for our clients in Cobb County and across the state with a clear goal — to protect your freedom, your record, and your future.
Don’t face the courts alone. To receive a free consultation, call our Marietta marijuana possession defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. We have offices in Marietta and Atlanta and represent clients in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. Your defense starts the moment you pick up the phone.
