Under Georgia law, trafficking offenses are among the most serious drug crimes and are defined primarily in O.C.G.A. § 16-13-31 and related provisions. A person commits trafficking when they knowingly sell, manufacture, deliver, bring into the state, or possess specified amounts of controlled substances exceeding statutory thresholds. The law uses a tiered system based on drug type and weight, and each tier carries its own mandatory minimum prison term and fine, meaning a judge cannot impose a lighter sentence than the minimum once a defendant is convicted of trafficking within that range.

For cocaine, Georgia law classifies trafficking into three tiers. Possession or distribution of 28 grams or more but less than 200 grams of cocaine (or a mixture containing cocaine) is punishable by a mandatory minimum of 10 years in prison and a $200,000 fine. If the amount is 200 grams or more but less than 400 grams, the penalty increases to a 15-year minimum sentence and a $300,000 fine. When the quantity reaches 400 grams or more, the punishment rises to a 25-year mandatory minimum and a $1 million fine. These thresholds apply to both pure cocaine and mixtures, with special provisions for low-purity cases.

For heroin and other opiates or Schedule I/II narcotics, the thresholds are lower due to the potency of these substances. Possession or trafficking of 4 grams or more but less than 14 grams carries a 5-year mandatory minimum and a $50,000 fine. Quantities of 14 grams or more but less than 28 grams increase the minimum to 10 years with a $100,000 fine, while 28 grams or more results in a 25-year minimum sentence and a $500,000 fine.

For marijuana, Georgia law defines trafficking as possession, sale, or importation of more than 10 pounds. The penalties scale sharply with quantity: 10 to 2,000 pounds results in a 5-year minimum sentence and a $100,000 fine; 2,000 to 10,000 pounds increases that to 7 years and a $250,000 fine; and 10,000 pounds or more carries a 15-year minimum sentence and a $1 million fine.

For methamphetamine and amphetamine, the trafficking statute mirrors the cocaine penalties. Possession or sale of 28 grams or more but less than 200 grams carries a 10-year minimum sentence and a $200,000 fine; 200 to 400 grams increases this to 15 years and $300,000; and 400 grams or more leads to 25 years and a $1 million fine.

Certain Schedule I drugs such as MDMA (ecstasy) are addressed separately in O.C.G.A. § 16-13-31.1. Trafficking 28 grams or more but less than 200 grams of such substances carries a minimum 3-year sentence and a fine of at least $25,000 (up to $250,000). If the quantity is 200 to 400 grams, the punishment rises to 5 years and a $50,000 minimum fine, while 400 grams or more results in 10 years minimum imprisonment and a fine of at least $100,000.

Across all drug types, Georgia’s trafficking laws use gross weight (including mixtures) to determine the tier, and the penalties are mandatory minimums, meaning that even first-time offenders face long prison sentences. The tiered structure reflects the legislature’s view that larger quantities indicate higher levels of distribution and organization, warranting harsher punishment. In practice, even slight differences in weight can elevate a charge to a more severe tier, drastically increasing exposure to prison time and fines.

 

If you’re ever accused of trafficking any narcotics, talk to one of our experienced attorneys today at (404)581-0999.