What is the Difference between Possession with Intent to Distribute and Drug Trafficking under Georgia Law?

Possession with Intent to Distribute and Drug Trafficking are both serious felony offenses under Georgia law. They are not eligible for Georgia’s Conditional Discharge statute O.C.G.A. 16-13-2(a), also known as drug first offender. They carry with them enhanced and in some cases mandatory minimum prison sentences, and in the case of drug trafficking, mandatory minimum fines. But Possession with Intent to Distribute and Drug Trafficking are very different charges that require different evidence to prove beyond a reasonable doubt.

How do You Prove Possession with Intent to Distribute?

Possession with intent to distribute requires more than just possession of controlled substances. In order to find someone guilty of possession with intent to distribute, the State must prove beyond a reasonable doubt that the accused intended to sell or distribute the controlled substances the accused possessed. To prove intent, the State often looks to other things that are found with or near the controlled substance. This includes baggies, scales, large amounts of cash, ledgers, and other items common to the drug distribution business. The State can also use expert testimony about the amount of controlled substance being more than typical personal use, however, a personal use amount of a drug can still be possession with intent if the State can establish the accused intended to sell or distribute the drug.

How do You Prove Drug Trafficking?

Drug trafficking differs from possession with intent to distribute in that the State does not have to prove you intended to sell or distribute the controlled substance(s). Trafficking charges are based on purely weight of controlled substances that are possessed. The minimum weights of specific drugs to be charged with Trafficking are as follows:

• Cocaine - 28 grams

• Heroin, Opium, Morphine, or other illegal drugs - 4 grams

• Marijuana - 10 pounds

• Methaqualone - 200 grams

• Methamphetamine or Amphetamine - 28 grams

• MDMA - 28 grams

If the State can prove possession, and the amount of possession is over the minimum weight under the trafficking statute, you can be charged with drug trafficking under Georgia law.

I commonly see trafficking cases in the metro Atlanta counties of Fulton, Cobb, DeKalb, and Gwinnett. I also see a lot of trafficking marijuana charges that arise from arrests at Atlanta’s Hartsfield-Jackson International Airport. Those cases are prosecuted in Clayton County. The Georgia State Patrol also makes drug arrests on Interstates 75, 85, and 20 with people transporting controlled substances across state lines.

If you have questions regarding possession with intent to distribute or drug trafficking charges in Atlanta, call my office today at 678-753-6431. I am available 24/7 for a free consultation.