Drug Charges in Georgia: Possession vs. Trafficking – What’s the Difference?
Facing drug charges in Georgia can be overwhelming, especially if you’re unsure what the charges actually mean. At The Spizman Firm, our Atlanta drug crimes lawyers often speak with clients who don’t fully understand the difference between possession and trafficking charges and the distinction is critical. While both are serious, trafficking charges can carry much harsher penalties and long-term consequences. Here’s what you need to know.
What is Drug Possession in Georgia?
Drug possession generally means you are accused of knowingly having a controlled substance on your person, in your vehicle, or within your control. Georgia law classifies drugs into different schedules (I through V), and the type of drug and the amount found will determine how severe the charge is.
Possession charges can be broken down into two categories:
- Simple possession – for personal use, usually involving small amounts
- Possession with intent to distribute – when the quantity or circumstances suggest you intended to sell or distribute
Penalties vary but can include prison time, fines, probation, and a permanent criminal record. Even first-time offenders can face felony charges depending on the drug involved.
What is Drug Trafficking in Georgia?
Drug trafficking is not necessarily about crossing state lines. In Georgia, trafficking charges are based on quantity, not whether you were actually selling or transporting drugs. If you are caught with an amount that exceeds certain thresholds, you can be charged with trafficking, regardless of intent.
For example:
- 28 grams or more of cocaine
- 1 ounce or more of heroin
- 10 pounds or more of marijuana
Crossing these thresholds automatically elevates the charge to drug trafficking, a felony offense with mandatory minimum prison sentences.
Key Differences Between Possession and Trafficking
- Quantity Matters Most: You could be charged with trafficking even if the drugs were for personal use, simply because of the amount.
- Penalties Are More Severe: Trafficking carries mandatory minimum sentences, often starting at 10 years in prison, and significantly higher fines.
- Intent Is Not Required for Trafficking: While “possession with intent to distribute” requires proving intent, trafficking charges do not. Quantity alone can trigger the charge.
- Bail and Bond May Be Harder: Judges may be more reluctant to grant bond in trafficking cases, especially when large quantities or prior offenses are involved.
Why Legal Representation Is Crucial
Whether you’re facing possession or trafficking charges, having an experienced criminal defense attorney is essential. Drug laws in Georgia are harsh, and prosecutors are aggressive, especially in trafficking cases. Our skilled attorneys can challenge how evidence was obtained, negotiate to reduce charges, or fight for a dismissal.
Seek Legal Assistance Today
Understanding the difference between drug possession and drug trafficking in Georgia is vital for protecting your rights and your future. The Spizman Firm has extensive experience defending clients charged with drug offenses and is committed to providing the strongest possible
