The Difference Between Possession with Charges of Intent to Distribute and Drug Trafficking in Cobb County

Drug crimes in Cobb County can be confusing, with some offenses, like Possession with Intent to Distribute being hard to differentiate from others, such as Drug Trafficking. While both of these drug offenses are serious felonies in Cobb County and carry enhanced and in some instances, mandatory minimum prison sentences, they are different charges that require different evidence to obtain a conviction. Read on to learn more about the differences between these two offenses under Georgia law.

Proving Possession with Intent to Distribute 

For prosecutors to prove that someone is guilty of possession with intent to distribute, they need to do more than just establish possession. Basically, proving that a defendant had drugs in his or her possession isn’t enough to obtain a conviction for this charge. Instead, prosecutors must establish beyond a reasonable doubt that the accused not only possessed a controlled substance, but that he or she intended to sell it. To prove intent to distribute, prosecutors will need to provide evidence of items that were found with or near the substance in question, such as scales, baggies, ledgers, and even large amounts of cash. In some cases, a person with even a small amount of a controlled substance can be charged with this offense if these types of items are allegedly found on the defendant’s premises.

Proving Drug Trafficking 

Drug trafficking charges are different from allegations of possession with intent to distribute in that prosecutors don’t have to establish that the accused actually intended to sell the substance. This is because drug trafficking charges are based purely on the amount of the controlled substance found in a person’s possession. In Cobb County, to be charged with drug trafficking, a person must be found in possession of:

• At least 28 grams of cocaine;
• At least four grams of heroin, morphine, opium or another illegal drug;
• At least ten pounds of marijuana;
• At least 200 grams of methaqualone;
• At least 28 grams of methamphetamine; or
• At least 28 grams of MDMA.

As long as the state can prove possession and the amount of the substance in question is over the minimum weight under Georgia law, a person can be charged with drug trafficking. It is also not uncommon for a person to face both charges of possession with intent to distribute and trafficking at the same time. Having a legal representative on your side is critical when attempting to build a strong defense to these kinds of serious accusations, as both offenses come with potentially decades-long imprisonment.

Set Up a Free Consultation Today 

Both possession with intent to distribute and drug trafficking charges come with serious penalties upon conviction. Fortunately, those who have been accused of these kinds of offenses don’t have to face those charges alone. Experienced Cobb County drug trafficking lawyer Andrew L. Schwartz, P.C. can help explain the differences between your charges and the best ways to combat them. Call us at 678-853-2500 or send us an online message to get started on your defense today.

Sources: 

clery.emory.edu/policies/penalties.html

gbi.georgia.gov/press-releases/2023-12-29/three-arrested-trafficking-methamphetamine-and-fentanyl-white-and