When you think of drug crimes, possession, and trafficking are the ones that may come to mind. Drug possession refers to having illegal drugs in your possession, either for personal use or for distribution. Possession can be actual (drugs found on the person) or constructive (drugs found in a different place, such as a car or home).
Drug trafficking, on the other hand, involves the manufacture, distribution, sale, or transportation of large quantities of illegal drugs. It is a more serious crime that targets the illegal drug trade at a higher level.
What the Law Says
Georgia Code § 16-13-31 defines trafficking as selling, manufacturing, delivering, or otherwise bringing large quantities of drugs into the state. Trafficking charges vary based on the weight of each specific drug. For some drugs, like cocaine, a very little weight can result in a trafficking charge. As little as 28 grams of cocaine can result in a trafficking charge. On the other side of the spectrum, marijuana requires 10 pounds before it can be charged as drug trafficking.
What are the Penalties?
Drug trafficking is a felony. The jail time and fines are often hefty. For example, for just 4 to 14 grams of morphine or opium, there is a mandatory minimum prison term of five years, with a fine of $50,000. When the amount is between 14 grams and 28 grams, there is a mandatory minimum prison term of 10 years, with a fine of $100,000. If the quantity is 28 grams or more, there is a mandatory minimum prison term of 25 years, with a fine of $500,000.
For cocaine in an amount between 28 and 200 grams, there is a mandatory minimum prison term of 10 years with a $200,000 fine. For amounts between 200 and 400 grams, there is a mandatory minimum prison term of 15 years and a fine of $300,000. For 400 grams or more, the mandatory minimum prison term is 25 years, with a fine of $1 million.
For marijuana, just 10 pounds of it in your possession can get you a trafficking charge. If the quantity is between 10 and 2,000 pounds, the mandatory minimum prison term is five years, with a fine of $100,000. If the quantity of marijuana is between 2,000 and 10,000 pounds, the mandatory minimum prison term is seven years, with a fine of $250,000. If the quantity is 10,000 pounds or more, the mandatory minimum prison term is 15 years, with a fine of $1 million.
Contact Our Atlanta Drug Trafficking Defense Lawyers Today
Drug trafficking is the most severe of drug crimes. The laws are tough, as this crime involves large quantities of drugs being transported and sold.
Drug trafficking is a high-level crime that can be charged as a federal crime. Get the help you need from the criminal defense lawyers at Ghanayem & Rayasam . We have specialized knowledge of the processes involved. Give us a call at (404) 561-0202 or fill out the online form to schedule a consultation.