Georgia Drug Charges: Possession, Distribution & Trafficking

Georgia's Controlled Substances Act (O.C.G.A. § 16-13-30) grades drug offenses by the substance's schedule and what you did with it — possession vs. possession with intent vs. trafficking. Marijuana possession of one ounce or less is a misdemeanor; more is a felony. Trafficking (§ 16-13-31) carries weight-based mandatory minimums — confirm current weights and penalties.

This is general information, not legal advice. Drug-penalty grids are amount- and schedule-specific and change with amendments — confirm the current statute and talk to a Georgia attorney.

In Georgia, the same substance can lead to anything from a misdemeanor to a serious trafficking felony — what matters is the schedule of the drug and what you did with it.

The Controlled Substances Act and schedules

Georgia’s Controlled Substances Act (O.C.G.A. § 16-13-30) covers possession, sale, manufacture, and distribution. Substances are sorted into Schedules I through V (O.C.G.A. §§ 16-13-25 to 16-13-29) by abuse potential and accepted medical use. The schedule directly affects how an offense is graded.

Possession vs. possession with intent

Possession of a Schedule I or II substance is generally a felony;
Possession with intent to distribute, and sale/manufacture/distribution, carry steeper felony penalties.

The amounts and prison ranges are detailed and amendment-prone — confirm the current statute.

Marijuana: the one-ounce line

Marijuana has a distinct low-end rule:

One ounce or less = misdemeanor (O.C.G.A. § 16-13-2(b)); and
More than one ounce = felony (O.C.G.A. § 16-13-30(j)).

Trafficking and mandatory minimums

Trafficking (O.C.G.A. § 16-13-31) is defined by the weight of the substance and carries mandatory minimum prison terms and large fines that rise with weight. Because these weights, years, and fines are exactly the kind of figures that get amended — and mandatory minimums are serious — confirm the current statute for any specific situation.

After a case resolves, some records may be eligible for record restriction (Georgia’s version of clearing a record) — ask a local attorney. To get matched with a local Georgia drug-defense attorney, connect with a lawyer.

Frequently asked questions

Is drug possession a felony in Georgia?

Possession of a Schedule I or II controlled substance is generally a felony under O.C.G.A. § 16-13-30. Marijuana is an exception at the low end — one ounce or less is a misdemeanor, while more than an ounce is a felony. Confirm current penalties against the statute.

What's the marijuana possession limit before it's a felony?

Possession of one ounce or less of marijuana is a misdemeanor (O.C.G.A. § 16-13-2(b)); more than one ounce is a felony (O.C.G.A. § 16-13-30(j)). Confirm the current line and penalties.

What is drug trafficking in Georgia?

Trafficking (O.C.G.A. § 16-13-31) is defined by the weight of the substance and carries mandatory minimum prison terms and large fines that increase with weight. The specific weights, years, and fines are amendment-prone — confirm the current statute.

Related guides

Georgia Assault & Battery Charges Georgia separates assault (threatening/attempting violence) from battery (actual physical contact). Simple assault (O.C.G.A. § 16-5-20) and simple battery (§ 16-5-23) are misdemeanors; aggravated assault (§ 16-5-21) is a felony involving a deadly weapon, strangulation, or intent to rob/rape/murder. Family violence battery (§ 16-5-23.1(f)) carries enhanced consequences, including a felony on a second offense.

Georgia DUI Charges Georgia DUI law (O.C.G.A. § 40-6-391) makes it illegal to drive while impaired or with a BAC of 0.08% or more — 0.04% for commercial drivers and 0.02% for drivers under 21. Implied consent means refusing a state test can suspend your license, though a breath-test refusal can't be used against you at trial (Elliott v. State, 2019). A 4th DUI within 10 years is a felony — confirm current penalties.

Georgia Theft Charges Georgia's theft offenses include theft by taking (O.C.G.A. § 16-8-2), theft by deception, conversion, and others, all graded by the value of what was taken (O.C.G.A. § 16-8-12). Theft of $1,500 or less is generally a misdemeanor; above $1,500 it's a felony, with the range rising as the value increases. Confirm the current dollar tiers against the statute.

The Georgia Criminal Case Process A Georgia criminal case generally moves from arrest and first appearance, to bond, through the tiered courts: Magistrate Court for warrants and preliminary matters, State Court for misdemeanors, and Superior Court for felony trials. Felonies usually require a grand jury indictment. Misdemeanors carry up to 12 months; felonies carry more than a year (O.C.G.A. § 17-10-3).

Georgia Drug Charges