POSSESSION WITH INTENT TO DISTRIBUTE (OR SALE OF) A NARCOTIC CONTROLLED SUBSTANCE

In response to an intensive study about Georgia’s criminal justice system, the legislature in 2012 passed new laws governing the punishment of drug offenses. Surprisingly (especially for Georgia), the legislature actually reduced the punishment for possession offenses but did not alter those for crimes involving transactional offenses for drugs, meaning those dealing with selling, distributing or possessing with the intent to distribute controlled substances.

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 PUNISHMENT FOR DISTRIBUTION RELATED OFFENSES

Under O.C.G.A. §16-13-30, if a person possesses with the intent to distribute, sells, or manufactures (among other things) a narcotic substance (i.e. cocaine, prescription pain medications) he or she faces a sentence of 5 years to 30 years in prison for the first such offense. A second offense carries a sentence of 10 years to 40 years in prison. For a third conviction for such an offense, the sentencing provisions of Georgia’s recidivist statute apply, which can drastically increase the amount of time the person will face in prison depending on the number of prior convictions.

 

If you issues concerning a case involving a drug offense, please give me a call at 404-474-2531 for a free consultation.

 

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