The rules and regulations regarding controlled substances vary across each state in the country. It’s easy to be confused about the guidelines where you live. Miller North & Brill can explain the Georgia drug crime laws and penalties that apply across the state.
About Us
Miller North & Brill has represented people across Georgia since 2011 in their drug crime cases. Our team has over 50 years of experience and has handled hundreds of cases, ranging from DUIs to first-degree murder charges. Founder Suesan A. Miller has a long list of legal accomplishments, including being undefeated in her 12 jury trials in 2019. She currently serves as the Regional Vice President for the Georgia Association of Criminal Defense Lawyers.
Georgia Drug Crime Charges and Penalties
Drug crime is very prevalent in Georgia. In 2023, incidents related to controlled substances accounted for 36.7% of all criminal sentences. Arrest rates for drug crimes vary based on the substance. In August 2025, marijuana possession charges averaged at 9.14 per 100,000 people, nearly double the national average of 5.58 per 100,000. Incidents for other offenses were equivalent to or lower than country-wide figures.
Georgia drug crimes cover the ownership, sale, creation, and transportation of all controlled substances in the state. The following are the most common types of drug crimes in Georgia, with their accompanying penalties:
Possession
Possession is defined as purchasing, possessing, holding, or controlling any drug. The only misdemeanor charge for possession of a Schedule I or II controlled substance is an ounce or less of marijuana, punishable by up to 12 months in prison or a $1,000 fine. Any other instance is a felony, with penalties breaking down as follows:
- Possession of less than one gram can lead to between one and three years in prison.
- Possession of 1g-4g can result in imprisonment for one to eight years.
- Possession of 4g-28g (not including opiates) can bring a sentence of one to 15 years.
A third-time conviction or more of the above categories is punishable by up to double the maximum prison sentence.
Distribution and Manufacturing
Distribution and manufacturing are included under the same sentence guidelines. This charge occurs when a person intends to engage in or carries out the distribution, manufacturing, selling, delivering, or administering of any controlled substance.
A first-time conviction for distribution or manufacturing related to a Schedule I or II drug carries a prison term of five to 30 years. Any subsequent guilty verdicts may result in 10 to 40 years or life in prison. Schedules III, IV, and V, along with marijuana, carry lesser penalties, with imprisonment of one to 10 years.
Trafficking
Trafficking charges are based solely on the quantity of a drug found and do not require proof of intent to distribute. Each different controlled substance carries different quantities and mandatory punishments that are sorted into the following:
- Marijuana. Trafficking amounts for marijuana are 10 to 2,000 pounds, 2,000 to 10,000 pounds, and more than 10,000. Sentences for each tier are five, seven, and 15 years in prison, and fines of $100,000, $250,000, and $1 million.
- Cocaine, amphetamines, and meth. Trafficking quantities are 28 to 200 grams, 200 to 400 grams, and over 400 grams. Accompanying penalties include imprisonment of 10, 15, or 25 years and fines of $200,000, $300,000, and $1 million.
- Non-fentanyl opiates. Levels that qualify as trafficking are between 4 and 14 grams, 14 and 28 grams, and more than 28 grams. Associated punishments include prison sentences of five, 10, and 25 years and fines of $50,000, $100,000, and $500,000.
- Fentanyl opiates. In 2025, the Georgia legislature added new laws specifically for fentanyl. The new trafficking guidelines are possession of between 4 and 8 grams, 8 and 14 grams, 14 and 28 grams, and over 28 grams. Penalties are imprisonment of 10, 15, 25, or 30 years, along with fines of $75,000, $150,000, $250,000, and $750,000.
At the court’s discretion, the mandatory punishments may be waived if:
- The defendant is not a leader of a criminal organization.
- The accused has no prior felonies.
- No firearms or dangerous weapons were possessed.
- No death or injury occurred.
Hire a Drug Crime Lawyer
Accusations of any type of drug crime can be overwhelming. Hire a drug crime lawyer to counsel you through this high-stakes situation. Your Georgia drug crime attorney can advocate for you at each stage of your case and represent you both in and out of court.
FAQs
How Many Cities in Georgia Have Decriminalized Marijuana?
In Georgia, thirteen cities have decriminalized possession of an ounce or less of marijuana. These cities are:
- Athens
- Forest Park
- Kingsland
- Augusta
- Chamblee
- Atlanta
- Tybee Island
- South Fulton
- Statesboro
- East Point
- Savannah
The new associated penalties vary, with most imposing low fines and zero jail time. City-specific laws do not negate state or federal regulations.
Do First-Time Drug Offenders Go to Prison in Georgia?
In Georgia, first-time drug offenders may go to prison, despite having no criminal background. Some cities have drug courts that can change punishments to prolonged probation and substance abuse counseling. The determining factors for whether you are sentenced to prison time are based on where you live and what crime you are charged with.
What Amount of a Drug Is a Felony in Georgia?
In Georgia, it is a felony to possess any amount of a non-marijuana Schedule I or II controlled substance. Possession of an ounce or less of marijuana is a misdemeanor, with penalties including up to a year in prison or a thousand-dollar fine. Any other drug is automatically treated as a felony, with penalties in line with the amount discovered by law enforcement.
What Amount of Drugs Is Considered Trafficking in Georgia?
The amount of drugs for a case to be considered trafficking in Georgia is based on the type of substance. The amount for a marijuana possession trafficking charge is at least ten pounds. For cocaine or methamphetamine, the minimum quantity is 28 grams. Opiates and related substances have the lowest requirements at 4 grams.
Miller North & Brill: Your Georgia Drug Crime Attorneys
Contact Miller North & Brill for a consultation, where we can discuss your case and go over your possible legal options.
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