Woodstock, Ga. – According to reports out of the Cherokee County Sheriff's Office, the warranted search of a local residence in Woodstock led to the discovery and seized of narcotics, firearms, and various explosives.
The warrant was issued after a two-month investigation. They found large quantities of methamphetamine, marijuana, guns as well as three explosive devices. Four individuals were arrested as the scene.
As a Georgia Criminal Defense Attorney, I will highlight the laws regarding methamphetamine in the state of Georgia.
Methamphetamine Offenses 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 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.
The difference between possession and selling methamphetamine from methamphetamine trafficking 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
Call our offices today if you have been arrested in Georgia.