Closer Look at Methamphetamine Offenses in Georgia After Latest Drug Bust

Five Georgians were arrested Thursday in Hall County on various methamphetamine charges. The Hall County Multi-Agency Narcotics Squad Task Force raided a house and found over 2.2 pounds of methamphetamine.

The methamphetamine was allegedly packaged in multiple separate bags and two containers. According to reports, the estimated value of the methamphetamine was over $100,000. 

The charges have been reported as the following:

• Trafficking Methamphetamine 
• Possession of Methamphetamine with the intent to distribute
• Conspiracy to Traffic Methamphetamine
• Possession of Methamphetamine
• Attempt to Traffic Methamphetamine

As a Georgia Criminal Defense Lawyer, I know just how complicated Drug Offenses in Georgia can seem. Today, I'd like to break down methamphetamine offenses in accordance to Georgia Law.

Possession of Methamphetamine in Georgia

Georgia Law states:

“It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.” O.C.G.A. § 16-13-30(a).

Possession of methamphetamine in Georgia falls under this statute. The statute refers to “controlled substances.” In Georgia, we have the Controlled Substances Act. Methamphetamine, cocaine, hydrocodone, opium, codeine, morphine, ketamine, and fentanyl are all categorized as Schedule II drugs.

The penalty for conviction of possession of methamphetamine in Georgia is a felony and includes imprisonment for five to thirty years. A second offense heightens the imprisonment to a minimum of ten up to forty years or life in prison.

Possession of a Methamphetamine with Intent to Distribute in Georgia 

Georgia Law states:

“It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.” O.C.G.A. § 16-13-30(b).

Possession of methamphetamine with intent to distribute in Georgia falls under this statute. The statute refers to “intent to distribute.” Intent to distribute includes manufacturing, delivering, dispensing, administering, selling, or merely just physically having methamphetamine, but manifesting the intent to distribute.

The penalty for conviction of possession of methamphetamine with intent to distribute is a felony and includes imprisonment of five to thirty years. A second conviction will be punished with a sentence to prison for ten to forty years or life in prison.

Trafficking Methamphetamine in Georgia 

The most serious methamphetamine offense is trafficking methamphetamine in Georgia. The difference between possession/possession with intent to distribute methamphetamine from trafficking is determined solely by the amount seized. Twenty-eight grams of methamphetamine is the dividing line according to O.C.G.A. 16-13-31.

The penalty for conviction of trafficking methamphetamine in Georgia is a felony.

Georgia Law delineates the penalties by the following amounts:

• 28 grams - 200 grams is a mandatory minimum term of imprisonment of ten years and a fine of $200,000
• 200 grams - 400 grams is a mandatory minimum term of imprisonment of 15 years and a fine of $300,000
• 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and a fine of $1,000,000

Practice Note

As with any other crime, the state of Georgia will have to prove that the accused person is guilty beyond a reasonable doubt. As a Georgia Criminal Defense Attorney, I always stress the fact that no one should be assumed guilty just because he or she has been accused of a crime. If you or a loved one has been charged with a Drug Crime in Georgia, contact our offices today. We can evaluate your case and determine which Georgia Criminal Defenses apply to your particular case. Again, contact us today.