Marijuana Trafficking in Georgia: Mandatory Minimum Prison Sentences

Marijuana trafficking in Georgia is defined not by intent to sell, but by the quantity of weed alone. If you're caught with 10 pounds or more of marijuana, you'll automatically face trafficking charges under O.C.G.A. § 16-13-31(c)—even if you claim the marijuana was for personal use.

10 to 2,000 pounds:

• Mandatory minimum 5 years in prison
• Maximum 30 years in prison
• Fine of $100,000

2,000 to 10,000 pounds:

• Mandatory minimum 7 years in prison
• Maximum 30 years in prison
• Fine of $250,000

10,000 pounds or more:

• Mandatory minimum 15 years in prison
• Maximum 30 years in prison
• Fine of $1,000,000

These are mandatory minimum sentences - judges have no discretion to impose less prison time even for first-time offenders. Federal trafficking charges may apply if marijuana crossed state lines, potentially adding decades to your sentence.

Prosecutors build a PWID case by showing two things:

• You had control of marijuana (actual or constructive possession), meaning it was in your pocket, car, or a place only you could access.​
• You intended to distribute it, not just use it. Evidence might include large quantities, drug paraphernalia for packaging, and texting about drug deals.​

Often, something innocent—like cash from a paycheck or old cell phones in your drawer—gets painted as “criminal” just because it’s found in the vicinity of illegal drugs.​

Possession of marijuana between one ounce and 10 pounds can be charged as either simple felony possession or possession with intent to distribute (PWID). In Georgia, you can be charged with PWID even if there’s no actual sale. Prosecutors look for these types of circumstantial evidence of distribution plans:

• Digital scales or measuring devices
• Multiple small baggies or packaging materials
• Large amounts of cash
• Text messages or social media posts about sales
• Customer lists or ledgers
• Multiple cell phones
• Surveillance evidence of hand-to-hand transactions

PWID penalties: 1 to 10 years in prison for amounts under 10 pounds. If you’re charged PWID in a “drug free zone” (near schools or parks), penalties spike even higher.​

If you’re facing PWID marijuana charges—marked by police allegations of scales, baggies, cash, and cell phones—here’s what you need to know, and what you should do next for your best shot at protecting your future.

Don’t talk to anyone except your Atlanta criminal defense lawyer about what happened. Anything you say—even offhand remarks—can be twisted and used against you.​ Also, don’t post or text about your case. Police and prosecutors can and will pull your social media, texts, or emails as evidence.​

Your lawyer is the only person with a duty to protect you. Friends, coworkers, and even family could be called as witnesses.

Our attorneys may use any these strategies to fight for you:

• Challenge the Search: If police found evidence through an illegal search or violated your rights, we can push to have it thrown out.​
• Prove Lack of Intent: If the drugs were for personal use—not for sale—we will argue for simple possession, which has lighter penalties.​
• Disprove the Prosecutor’s Claims: Scales, baggies, and cash don’t always mean dealing. We can show innocent reasons for possessing these items.​
• Suppress Your Previous Statements: If you spoke without a lawyer present or were intimidated, those statements may not be allowed in court.

• Can PWID charges be reduced or dismissed? With the right defense, yes—sometimes to simple possession or even less serious charges, especially if the police made mistakes or overreacted.​
• Will I go to jail for PWID in Georgia? Jail time is possible, but alternatives like probation, plea deals, or rehabilitation exist, especially for first-time offenders.
• What if the drugs weren’t mine? If drugs weren’t in your direct control or ownership, you may have a defense to the possession part.​
• Does a felony mean I can’t get a job? Felony convictions can block jobs, housing, and even loans. Avoiding a felony is crucial for your future.

Time is critical. Evidence disappears, witnesses' memories fade, and opportunities for possible early court intervention options can close quickly. Plus, prosecutors in Georgia pursue convictions aggressively, even for small drug quantities.

Our award-winning law partners (no ASSOCIATES) are available 24 hours a day, 7 days a week. Our one of our Partners (we have NO associates) who will thoroughly analyze your criminal charges, explain your options for fighting the charges, and create aa appropriate defense to protect your freedom and your future.

Dial 404-567-5515 RIGHT NOW to set up your FREE attorney consultation with an Atlanta criminal lawyer at our Firm, who is a Partner and is a published legal book co-author. We can review our payment plans, which most clients can handle (sometimes with family help).

Conviction means a permanent felony on your record, loss of driving privileges, and a future struggle to get jobs or housing.​ Ready for help? Talk with a top Atlanta defense lawyer for a confidential consultation—get fast answers and protect yourself before it’s too late. The sooner you get legal help, the more options you’ll have for a better outcome.