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Drug Trafficking

Drug Crimes Lawyer

Drug Trafficking

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 drug defense 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.

If you are under investigation for, or have been charged with, drug trafficking you should call drug crimes defense lawyer Lawrence Zimmerman at 404-351-3000.

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Client Success Stories

We've Helped People Just Like You

Meth Trafficking

Client charged with trafficking in methamphetamine in Cobb County. After an extensive investigation our office proved to the District Attorney’s Office that our client was not involved in the crime.
The charges were dismissed.

Drug Case Reversed, Property Returned

Client was arrested and it was alleged he was selling fifty pounds of marijuana a week. Cobb County MCS obtained a search warrant and found a treasure trove of drugs. We lost a motion to suppress but asked the GA Court of Appeals to overturn it. We were successful and the Court of Appeals reversed the case. Case was dismissed, and ten firearms, $5000 in cash, a Corvette and a motorcycle was returned to my client.

Marijuana Possession

Client pleaded guilty to possession of marijuana in Turner County, Georgia. Our office was hired to handle the post-conviction matter by filing a habeas corpus petition. We discovered that the Solicitor General filed an improper charging document. Thus, the Superior Court agreed and we overturned the conviction.

–State v. Undisclosed

Cocaine Possession

Client charged with possession of cocaine in Cobb Superior Court. Client had a very long criminal history. The prosecutor asked for our client to serve 5 years in prison as a repeat offender. We successfully argued that our client should be sent to a drug rehab facility. The court agreed with us, and he went drug rehab where he was successful.

Drug Sales

Client was accused by the Marietta Cobb Smyrna task force of selling drugs to three undercover officers on two separate occasions. The case proceeded to trial and a jury returned a not guilty verdict within one hour. After the verdict the jurors demanded that the lead case agent be reprimanded and demoted.