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What Constitutes Drug Trafficking Under Federal and State Laws?

When it comes to drug crimes, trafficking is the most serious one. Drug trafficking is more than having a small amount of drugs in one’s possession. It refers to having an extremely large amount in your possession.

The laws are strict. That is because drug trafficking in Georgia, particularly in Atlanta, has become a significant issue in recent years due to the state’s position as a hub for transportation networks. Interstate highways, such as I-75, I-85, and I-20, converge in Georgia, making it an accessible route for drug distribution.

If you have been arrested for drug trafficking, there’s a lot at stake. You need the right legal help on your side. The lawyers at Ghanayem and Rayasam can serve as your protection against prosecution for this offense.

State Law

To convict someone of drug trafficking at the state level, the state must prove beyond a reasonable doubt that a person sold, manufactured, delivered, or possessed illegal drugs in a high quantity. The specific quantity depends on the type of drug. To justify a marijuana trafficking charge in Georgia, for example, authorities must find more than 10 pounds of marijuana. For substances like cocaine, methamphetamine, and MDMA, however, authorities must only find 28 grams to initiate trafficking charges.

Depending on the amount and type of controlled substance, a person charged with trafficking could face up to thirty years in prison. Georgia classifies drugs into five schedules (I-V) based on their potential for abuse and accepted medical uses. Penalties are generally more severe for Schedule I and II drugs than for lower schedules.

Georgia enforces mandatory minimum sentences for trafficking charges, which means that judges have limited discretion in reducing sentences for these offenses. Also, penalties can increase if trafficking occurs near schools, parks, or other sensitive areas or if the accused has prior drug-related convictions.

Federal Law

Drug trafficking is a serious crime at the federal level. It is much more strict at the federal level than at the state level. Under federal law, Title 21, Section 841, it is unlawful for any person to intentionally “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance.”

Even for trafficking marijuana, you are looking at stiff penalties. You could face more than 10 years in prison and possibly millions of dollars in fines. For other drugs, you could be facing life in prison, even for a first-time offense. This is especially true if serious bodily injury or death is involved.

Contact Our Atlanta Drug Crime Defense Lawyers Today

If you have been accused of drug trafficking, it’s best to understand the laws involved. Remember that the state is your enemy, so you will need someone on your side to fight for your legal rights.

That’s when the Atlanta criminal defense lawyers at Ghanayem & Rayasam come in. Our results are impressive because we know the system. Let us help you avoid prison and other penalties. Call (404) 561-0202 or fill out the online form to schedule a consultation.