A local Georgia man was sentenced to 18 years in prison by a federal judge this past week. He was found guilty on charges of conspiring to distribute more than 70 kilograms of methamphetamine.
Even though this is a federal case - Georgia has its own laws surrounding possession, distribution, and trafficking of methamphetamine. As a Georgia Criminal Defense Lawyer, I will outline the laws in today's post.
Possession of Methamphetamine in Georgia
O.C.G.A. § 16-13-30(a) states “it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.” The punishment for being charged with possession of methamphetamine in Georgia is a felony and includes imprisonment for five to thirty years.
However, according to O.C.G.A. §16-13-30(d), a second offense heightens the imprisonment to a minimum of ten up to forty years or a possibility of life in prison.
If the case includes any evidence of the accused having an intent to distribute, then we look to a completely different charge.
Possession of a Methamphetamine with Intent to Distribute in Georgia
Possession of methamphetamine with intent to distribute in Georgia is defined by O.C.G.A. § 16-13-30(b) as “It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.”
The punishment for being charged with possession of methamphetamine with intent to distribute is a felony and includes imprisonment of five to thirty years.
However, a second offense will be punished with a sentence to prison for ten to forty years or even a possibility of life in prison.
if the accused is found with greater than twenty-eight grams, the crime is further escalated to a trafficking charge.
Trafficking Methamphetamine in Georgia
The difference between possession and selling methamphetamine from trafficking methamphetamine in Georgia is determined by the amount seized. Twenty-eight grams of methamphetamine is the dividing line according to O.C.G.A. 16-13-31.
These are the determinations:
- 28 grams or more, but less than 200 grams is a mandatory minimum term of imprisonment of ten years and a fine of $200,000
- 200 grams or more, but less than 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
If you or a loved one has been arrested, contact our offices now.