Georgia Drug Offense Laws in 2025
Georgia drug offense laws in 2025 include severe penalties for possession, trafficking, intent to distribute, and possession of drug paraphernalia. The severity of punishment depends on type of drug or controlled substance, quantity, intent (personal use vs. dealing), and prior convictions.
Additionally, selling or possessing illegal substances, with intent to distribute, within a "drug-free zone" is a felony offense. Examples of a protected zone: on or within 1,000 feet of a public housing project, school, park, playground, or recreation center.
Drug Possession Laws
Possession of controlled substance in Georgia is categorized based on the type and amount of the drug:
- Simple possession, less than one ounce of marijuana, is a misdemeanor, punishable by up to 1 year in jail, and a fine of up to $1,000.
- Possession, over one ounce of marijuana, is treated as a felony, with penalties ranging from 1-10 years in prison.
- Possession of Schedule I or II drugs (LSD, heroin, cocaine) can result in felony charges, carrying 2-15 years for a first offense.
- For Schedule III, IV, or V drugs (such as certain prescription medications), the penalty is 1-5 years in prison for possession.
Intent to Distribute
Possession with intent to distribute is treated far more seriously than simple possession:
- This is a felony for all controlled substances, with first offenses commonly leading to 1-15 years in prison, depending on the type and amount of the drug.
- If the offense occurs within 1,000 feet of a school, park, or certain public housing, sentences can increase up to 40 years.
- For serious drugs (Schedule I/II), intent to distribute can carry decades in prison, and fines can be substantial.
Drug Trafficking
Drug Trafficking involves possessing or distributing significant quantities of controlled substances and has especially severe, mandatory minimum sentences:
- Penalties are based on drug type and weight. For example, trafficking 200 to less than 400 grams of cocaine brings 10 to 20 years in prison; 400 grams or more can result in 15 years to life.
- New in 2025, trafficking fentanyl is governed by the Fentanyl Eradication and Removal Act (FEAR Act), setting stricter thresholds and penalties:
- 4-8 grams: Mandatory minimum 10 years, $75,000 fine.
- 8-28 grams: Mandatory minimum 15 years, $250,000 fine.
- 28+ grams: Mandatory minimum 35 years, $750,000 fine.
- For other drugs, trafficking can mean 5-25+ years of incarceration and fines up to millions of dollars, with no parole for at least half the sentence.
Drug Paraphernalia Charges
Possession of drug paraphernalia is broadly defined and penalized as a misdemeanor for a first offense:
- A first offense can mean up to 1 year in jail plus fine up to $1,000.
- A second offense brings up to 1 year in jail plus fine up to $5,000; third offenses may result in 1-5 years in jail.
- Commonly charged items include scales, packaging, pipes, bongs, syringes, and other items commonly used for using or selling drugs.
Georgia drug offense laws in 2025 are among the strictest in the nation. In particular, severe mandatory penalties are unavoidable for hard illegal substances such as meth, fentanyl, cocaine, and heroin.
If you have been charged with any drug offenses in Georgia, you should contact a drug crimes lawyer as soon as possible. Our defense lawyers are rated as being among the best drug defense lawyers in Georgia.
Credits and Footnotes
- Image by Rigby40 from Pixabay
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