Federal law imposes harsher penalties on drug trafficking than on mere possession. This distinction can be critical, especially if you are facing drug charges. Proving intent to sell versus mere possession is often hard unless authorities catch someone in the act of selling or trying to sell. The law usually considers the amount of drugs you possess at the time of arrest sufficient for trafficking charges.
How much do authorities consider enough to be trafficking?
The law defines drug trafficking as the manufacturing, distribution or sale of controlled substances. If authorities catch you with 28 grams of cocaine or 10 pounds of marijuana, they could charge you with trafficking, even if you only possess these drugs for personal use and have no intent to sell or distribute.
Recreational marijuana is not legal in Georgia
While some states have legalized recreational marijuana use, Georgia is not one of them. The law considers possession of less than an ounce of marijuana a misdemeanor, which can include a fine of $1,000 and up to 12 months in jail. Georgia only allows limited medical use of marijuana. Patients need a qualifying medical condition and must register with the state’s Low THC Oil registry to possess and use THC (cannabidiol oil).
Misdemeanor vs Felony
Possession of small quantities is usually a misdemeanor charge. However, for schedule I and II substances such as cocaine, heroin, methamphetamine and others, even tiny amounts can lead to a felony charge.
Regardless of whether it’s a misdemeanor or a felony, if you or anyone you know is facing drug charges, consulting with a legal professional is advisable to explore your options and build a strong defense.
