New Laws on Fentanyl
As of July 1, 2025: Georgia has passed Senate Bill 79—also called the Fentanyl Eradication and Removal Act (FEAR Act)—which takes effect on that date and applies to offenses committed thereafter.
What Changed?
- Fentanyl Gets Its Own Legal Category: Previously lumped in with other opiates, fentanyl and its analogs now have separate legal statutes. That means penalties are tailored just for fentanyl-related cases .
- Mandatory Minimum Sentences for Fentanyl Trafficking: Possession of just 4 grams now triggers mandatory sentences starting around 5 to 8 years in prison, and heavier penalties kick in as the amount increases. At the 28‑gram level or more, offenders could face up to 35 years in prison and a $750,000 fine—the highest tier of punishment under the new law
- Lower Thresholds for Criminal Charges: Even 250 milligrams (a quarter gram) can trigger charges of simple possession that carry 1–5 years in prison
- Judges Have Some Discretion—Sort Of: There are narrow provisions allowing sentence reduction—like probation or suspended terms—for first-time offenders or those not in leadership roles in trafficking networks.
Think of it like this: Georgia just hit the “fentanyl panic button.” They took fentanyl out of the general drug statute and carved out a brand-new, high‑stakes category just for it. Hold 4 grams? You’re trafficking. Hold 28 grams? You might be looking at 35 years and a $750K fine.
If you’re ever caught possessing or distributing any illegal narcotics, especially fentanyl, talk to one of our experienced attorneys today at (404)581-0999.