Georgia’s laws regarding drug offenses are strict, and a conviction can result in significant penalties. The legal consequences can be even more severe when the defendant had the intention of selling or distributing the drugs. If you have been arrested for possession of a controlled substance, it is crucial that you understand the relevant factors that constitute intent to distribute. To learn more and secure skilled representation during your case, reach out to an Atlanta drug crime lawyer to set up your free consultation today.

What Are Georgia’s Laws Regarding Drug Distribution?

Georgia state law covers a variety of drug-related crimes, ranging from possession to the purchase, manufacturing, distribution, and sale of illicit substances.

Section 16-13-30 of the Official Code of Georgia Annotated states, “it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.” Under state law, “distribute” means to deliver a controlled substance other than by administering or dispensing it. Illegal distribution includes delivering a controlled drug without proper legal authorization to do so, like a pharmacist giving a patient their prescription, for example.

Although it is clear that possession with intent to distribute is illegal, it may not be as obvious exactly what constitutes the offense. Understanding how you can be charged with this crime is important in protecting your rights.

What Constitutes Possession With Intent to Distribute in GA?

The criminal offense of possession with intent to distribute in Georgia refers to the act of possessing a controlled substance with the intention to sell or distribute it to others. The difference between simple possession of drugs and intent to distribute generally relies on distinct factors like the amount of drugs present, how they are stored, the circumstances in which they are found, and other relevant evidence that suggests distribution, like scales, baggies, and large amounts of cash.

What Are the Penalties for Possession With Intent to Distribute?

Possession of a Schedule I or II drug with intent to distribute is a felony offense, and a first offense can be punished by a term of imprisonment of 5 to 30 years. A second or subsequent offense will result in imprisonment for at least 10 years with up to 40 years or life imprisonment.

Offenses involving Schedule II drugs that are not narcotics are also treated as felonies and include punishments of the following.

  • Less than 2 grams or milliliters: 1 to 3 years
  • 2 to 4 grams or milliliters: 1 to 8 years
  • 4 to 28 grams or milliliters: 1 to 15 years

A first offense of possession with intent to distribute a Schedule III, IV, or V drug is a felony punishable by imprisonment of 1 to 10 years.

If you have been arrested for a drug crime in Georgia, understanding the possible outcomes of your case is important. Work with a skilled attorney for representation today.