Marijuana Drug Trafficking in Cobb County, Georgia

Drug trafficking charges are different from other kinds of drug offenses, like simple possession, possession with intent to distribute, and drug manufacturing. The main difference between drug trafficking and these offenses is the quantity of a substance found in a person’s possession. Because of the large amounts of drugs involved in these cases, the penalties for conviction tend to be a lot more severe and are often accompanied by a mandatory minimum prison sentence. Unfortunately, this isn’t only true of drugs like heroin and cocaine, but for substances, such as marijuana. Read on to learn more about marijuana drug trafficking charges and how to defend yourself against them.

 Who Can Be Charged? 

Under Georgia law, a person can be convicted of drug trafficking in marijuana if he or she sells, manufactures, grows, transports into the state, or has possession of marijuana in an amount exceeding ten pounds. Because this charge is specifically for drug trafficking, prosecutors don’t need evidence of sale or distribution, like baggies, scales, or large amounts of cash. Instead, the state need only prove possession of a certain amount of the substance, which in this case, is ten pounds.

 What are the Penalties? 

The penalties for a marijuana drug trafficking conviction depend on the specific amount of the substance found in a defendant’s possession. If, for instance, a person is found in possession of more than ten, but less than 2,000 pounds of marijuana, then he or she will face a mandatory minimum prison sentence of five years and a fine of $100,000. Those found in possession of 2,000 or more pounds (but less than 10,000), on the other hand, will be sentenced to at least seven years in prison and be required to pay a fine of $250,000. Finally, if the quantity of marijuana exceeds 10,000 pounds, the mandatory minimum sentence for a defendant would be 15 years.

What are the Defenses to Drug Trafficking Charges?

 Just because a person is charged with drug trafficking does not mean that he or she will be convicted. In these cases, the strongest defenses rely on proving that the substance wasn’t found in a defendant’s possession, or that law enforcement officers conducted an illegal search or seizure. Defendants can attempt to prove that the substance belonged to someone else, or that they are the victim of mistaken identity. Alternatively, a defendant could cast doubt on the amount of the substance that was allegedly found, as cases involving less than ten pounds of marijuana are typically charged as misdemeanors. This type of evidence can be used to defeat a prosecutor’s attempt to prove (beyond a reasonable doubt) that a defendant was found in possession of a certain amount of a controlled substance and even result in the dismissal of the charges. 

Were You Charged with Drug Trafficking?

 To schedule a free consultation with an experienced and dedicated Cobb County drug trafficking lawyer, please call Andrew L. Schwartz, P.C. at 678-853-2500 today. The sooner you reach out to our office, the sooner we can start fighting for you.

 Sources: 

clery.emory.edu/policies/penalties.html#:~:text=

law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-31