Atlanta Drug Trafficking Lawyer

Drug Trafficking

Atlanta Drug Trafficking Attorney

Defense lawyer for drug trafficking in Georgia

Drug trafficking criminal charges in Georgia are extremely serious. These charges may be prosecuted as state or federal crimes. Prosecutors always seek harsh sentences, including lengthy time in prison, for trafficking convictions. If you are under investigation, or have been arrested drug trafficking you need to hire an experienced Atlanta drug trafficking lawyer

What Is Drug Trafficking?

Drug trafficking generally pertains to any person(s) involved in knowingly selling, manufacturing, delivering, or bringing into Georgia illegal substances including (but not limited to) cocaine, marijuana, fentanyl, methamphetamine, heroin, LSD, etc. This also pertains to prescription drugs that are not legally possesed by any person(s).

Depending on the cisrcumstances, drug trafficking charges can be State or Federal. If both apply, being arrested in Georgia, means first being in Federal court, then in State court. Most likely, after you serve your full federal senetnce you will be transferred to serce your state sentence.

Drug Trafficking Laws in Georgia

The 2010 Georgia Code, Title 16, Chapter 13, Article 31 covers the regulation of drug trafficking in the State of Georgia. Specifically, § 16-13-31 covers trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; penalties. It reads as follows:

O.C.G.A. 16-13-31 (2010)

• (a)(1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
• (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;
• (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
• (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
• (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing.
• (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 4 grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or 4 grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
• (1) If the quantity of such substances involved is 4 grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
• (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and
• (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
• (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 10 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows:
• (1) If the quantity of marijuana involved is in excess of 10 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $100,000.00;
• (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $250,000.00; and
• (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $1 million.
• (d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
• (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and
• (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00.
• (e) Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:
• (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;
• (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
• (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
• (f) Any person who knowingly manufactures methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:
• (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;
• (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
• (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
• (g)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.
• (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.
• (h) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $1 million.

Drug Schedules in Georgia

Georgia separates drugs into different categories, or schedules, based on certain qualities. Drugs in some schedules are considered to be more dangerous or addictive than those in other schedules. This informs the laws and punishments surrounding them. If you are convicted on drug charges, your sentence will depend on the amount of drugs involved as well as what schedules those drugs fall into.

The schedules are numbered from 1 to 5, with their severity decreasing from 1 on down.

Schedule 5

Schedule 5 drugs are considered to have the lowest capacity for addiction and abuse. There are some accepted medical uses for these drugs. As a result, the punishments for trafficking Schedule 5 drugs are usually the lightest.

Schedule 5 drugs include:

• Less than 200 mg of Codeine
• Lomotil
• Lyrica
• Motofen

There are many other examples of Schedule 5 drugs. Please note that, although these drugs have acceptable medical uses, it is still illegal to traffic and distribute them without proper licensing.

Schedule 4

Schedule 4 drugs are considered more severe than Schedule 5. Schedule 4 drugs have a low to moderate potential for abuse. They also have some accepted medical purposes. Examples of Schedule 4 drugs include:

• Xanax
• Klonopin
• Ambien
• Valium

These are just some common examples of Schedule 4 drugs, as there are many more that fall under this schedule. The punishments are the same whether the drugs are manufactured under a brand name (as listed above) or their medical name.

Schedule 3

Schedule 3 drugs increase in severity compared toSchedule 4. These drugs may lead to low to moderate physical dependence if the user abuses them. Nevertheless, they have a lower potential for abuse than Schedules 1 and 2. Examples of Schedule 3 drugs include:

• Central nervous system depressants
• Central nervous system stimulants
• Anabolic steroids
• Some barbiturates
• Ketamine

Many of these drugs are safe when prescribed and administered by medical professionals. However, they are dangerous when used unsupervised or obtained illegally. Because of this, the punishments for Schedule 3 drugs can be severe.

Schedule 2

Schedule 2 drugs are the second-most serious category of drugs. Trafficking in them will be prosecuted strictly. These drugs have a high capacity for abuse or overuse. However, they still maintain some medical purpose.

Schedule 2 drugs include:

• Oxycodone
• Fentanyl
• Morphine
• Cocaine
• Opium
• Amphetamines

There are other examples of Schedule 2 drugs that may apply to your case.

Schedule 1

Schedule 1 drugs are the most serious category of controlled substances. These substances are considered to have no medical use and a high likelihood of abuse. Examples of Schedule 1 drugs include:

• Heroin
• LSD
• Psilocybin (magic mushrooms)
• MDMA (Ecstasy)
• Marijuana

Marijuana is recreationally legal in many states. It is currently medically acceptable in Georgia. Nevertheless, it is still a Schedule 1 drug. However, the laws are changing and evolving in this area. Because of this, you should speak directly to an attorney. They can tell you about the restrictions that pertain to marijuana that do not apply to other Schedule 1 drugs.

Punishment for Drug Trafficking in Georgia

The sentence for a drug trafficking crime in Georgia depends on the schedule and the amount of the drug in your possession. Trafficking is a more serious offense than simple possession for personal use. Therefore, you can expect between five and 30 years in prison for trafficking drugs of any kind.

Unfortunately, Georgia law may implement its mandatory minimum sentence for a drug trafficking charge. This mandates a minimum of 25 years in prison and a fine of $1,000,000. In some circumstances, such as when someone is hurt or killed because of trafficking, a judge cannot avoid the minimum sentence. However, if there was no dangerous weapon involved, and no one got hurt, the judge may be able to deviate from the minimum sentence.

Although this ambiguity can be difficult, it does offer insight into what can be achieved if you use the resources at your disposal. With the help of a qualified attorney, you may be able to significantly reduce your sentence if you cannot avoid the charges altogether. Legal counsel has the power to drastically change the outcome of your case. It is important to use all possible options to minimize your punishment. At The Law Office of Lawrence J. Zimmerman, a guilty plea is the option of last resort.  We will fight to get your case dismissed by challenging the government’s case via legal motions. We are not plea lawyers. We approach every case like it is going to trial.

Contact The Law Office of Lawrence J. Zimmerman

For over 25 years, our team at The Law Office of Lawrence J. Zimmerman has been helping individuals facing difficult situations. We have seen hundreds of people who have been negatively affected by their circumstances, who had no good options, or who were in the wrong place at the wrong time.

Although it may feel like there is no way out of your situation, there are resources available to help you protect yourself. Our firm is one such resource.We are here to provide you with the help you need to turn the situation around.

Although all criminal law cases are serious, drug crimes are especially detrimental to your future. If you are being charged with a drug-related crime, especially drug trafficking, do not wait to get legal help. Contact our firm as soon as you believe you may be facing legal consequences.

If you are under investigation for, or have been charged with, drug trafficking you should call Atlanta drug traffickingdefense lawyer Lawrence Zimmerman at 404-351-3000. Contact today to schedule a free consultation.