Possession of Drug Paraphernalia
(OCGA § 16-13-32)

Possession, Distribution, & Trafficking of Controlled Substances in Atlanta, Georgia (OCGA § 16-13-30)

Understanding Drug Possession, Distribution, and Trafficking Charges in Georgia

Georgia has some of the strictest drug laws in the country, with penalties ranging from misdemeanors for small amounts of marijuana to severe felony charges for drug trafficking. Under OCGA § 16-13-30, it is illegal to possess, manufacture, distribute, or sell controlled substances, with penalties depending on:

  • The type and quantity of the drug involved
  • Whether there was intent to distribute or sell
  • The presence of aggravating factors, such as prior convictions or weapons

Convictions can lead to lengthy prison sentences, steep fines, asset forfeiture, and a permanent criminal record.

Drug charges are categorized into three main offenses:

  1. Possession of Controlled Substances – Having illegal drugs for personal use
  2. Distribution & Intent to Distribute – Selling or intending to sell controlled substances
  3. Drug Trafficking – The most serious drug offense, involving large quantities of drugs

At Khalil Eaddy Trial Attorney, our firm aggressively defends individuals charged with drug offenses by challenging illegal searches, disputing evidence, and fighting to reduce or dismiss charges.

1. Possession of Controlled Substances in Atlanta, Georgia (OCGA § 16-13-30(a))

Definition:

  • Possession of a controlled substance occurs when a person is found with illegal drugs in their possession, whether on their person, in their vehicle, or in a residence.

Key Elements of Drug Possession:

  • The person knowingly had the drug in their possession
  • The drug is classified as a controlled substance under Georgia law
  • The accused did not have a valid prescription or legal authorization to possess the substance

Types of Drug Possession:

  • Actual Possession – The drug is found on the person, such as in their pocket or hand
  • Constructive Possession – The drug is found near the person, such as in a vehicle or home, but the prosecution argues the accused had control over it

Common Drugs in Possession Cases:

  • Cocaine, heroin, methamphetamine (Schedule I & II drugs)
  • Prescription opioids (without a valid prescription)
  • Ecstasy (MDMA), LSD, and other synthetic drugs

Penalties for Drug Possession:

  • Schedule I & II Drugs (First Offense): Felony, punishable by 2 to 15 years in prison
  • Schedule III, IV, or V Drugs (First Offense): Felony, punishable by 1 to 5 years in prison
  • Second or Subsequent Offenses: Increased penalties with up to 30 years in prison

Possession charges can often be reduced or dismissed with the right defense, including proving lack of knowledge, unlawful search and seizure, or substance misidentification.

2. Distribution & Intent to Distribute in Atlanta, Georgia (OCGA § 16-13-30(b))

Definition:

  • A person can be charged with distribution or intent to distribute if they are found selling, delivering, or possessing drugs in a manner that suggests intent to distribute.

Key Elements of Drug Distribution:

  • The person sold, delivered, or gave away drugs to another individual
  • The person possessed a quantity of drugs large enough to suggest intent to sell
  • Other evidence suggests distribution, such as large amounts of cash, scales, baggies, or communication records

Examples of Distribution Charges:

  • A person caught with large amounts of individually packaged drugs
  • A suspect found with scales, baggies, and cash along with narcotics
  • Selling or offering drugs to an undercover officer

Penalties for Drug Distribution:

  • Schedule I & II Drugs (First Offense): Felony, punishable by 5 to 30 years in prison
  • Schedule III, IV, or V Drugs (First Offense): Felony, punishable by 1 to 10 years in prison
  • Second or Subsequent Offenses: Increased sentences of up to 40 years or life imprisonment

Even mere possession of a certain quantity of drugs can lead to a distribution charge, making it critical to challenge evidence and law enforcement procedures in court.

3. Drug Trafficking in Atlanta, Georgia (OCGA § 16-13-31)

Definition:

  • Drug trafficking is the most severe drug charge in Georgia, involving large quantities of controlled substances. Unlike simple possession, trafficking carries mandatory minimum prison sentences.

Key Elements of Drug Trafficking:

  • The person knowingly possesses, sells, manufactures, delivers, or transports large amounts of drugs
  • The amount of drugs meets or exceeds specific weight limits set by Georgia law

Minimum Weight Thresholds for Trafficking Charges:

  • Cocaine: 28 grams or more
  • Methamphetamine: 28 grams or more
  • Marijuana: 10 pounds or more
  • Heroin: 4 grams or more
  • Fentanyl: 4 grams or more

Penalties for Drug Trafficking:

  • Cocaine, Heroin, or Meth (28-199 grams): Minimum 10 years in prison, up to $200,000 in fines
  • Cocaine, Heroin, or Meth (200-399 grams): Minimum 15 years in prison, up to $300,000 in fines
  • Cocaine, Heroin, or Meth (400+ grams): Minimum 25 years in prison, up to $1 million in fines
  • Marijuana (10-2,000 lbs.): Minimum 5 years in prison, up to $100,000 in fines

Trafficking charges carry mandatory minimum sentences, making legal representation essential to fight for sentence reductions, plea deals, or alternative sentencing options.

4. Defending Against Drug Charges in Atlanta, Georgia

Drug offenses can destroy reputations, careers, and personal freedom, but a strong legal defense can lead to dismissed or reduced charges.

Common Defenses to Drug Possession, Distribution, & Trafficking Charges:

  • Illegal Search & Seizure – Law enforcement obtained evidence without a warrant or probable cause
  • Lack of Knowledge – The accused did not know the drugs were in their possession
  • Substance Misidentification – The prosecution must prove the substance was an illegal drug through lab testing
  • Entrapment – The accused was pressured or tricked into committing the crime by law enforcement
  • Lack of Intent to Distribute – There is no evidence of sale or trafficking, and the drugs were for personal use only

A proactive defense can lead to case dismissals, reduced charges, or alternative sentencing options such as drug diversion programs instead of prison time.

Why Choose Khalil Eaddy Trial Attorney?

Drug crimes in Atlanta, Georgia, carry harsh consequences, including long prison sentences, fines, and loss of rights. A skilled defense attorney can make the difference between a conviction and a reduced or dismissed charge.

Our Approach:

  • Thorough Case Investigation – Challenging unconstitutional searches and evidence collection
  • Aggressive Defense Strategies – Fighting for dismissal, plea agreements, or alternative sentencing
  • Trial Readiness – Preparing strong arguments, cross-examining witnesses, and challenging forensic evidence

Call 770-303-0700 today for a confidential consultation and start building your defense.

Give Us A Call

770-303-0700

Contact us

Khalil@attorneyeaddy.com

Office Location

1827 Powers Ferry Rd. Building 25, Suite 100.

Our firm is committed to fighting for justice, challenging weak evidence, and ensuring that your constitutional rights are upheld at every stage of the legal process.

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