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Criminal Defense · Georgia

Drug charges: possession, intent to distribute, trafficking

Former prosecutor. Now on your side.

If you are charged with a drug offense in Georgia, the difference between possession and trafficking often comes down to weight and to how the search was conducted. Brandon was the head of the drug prosecution unit, responsible for handling large-scale drug trafficking conspiracies and knows exactly how to challenge these cases.

Reviewed by Brandon Delfunt ·

The charges, from misdemeanor to mandatory minimum

  • Possession of marijuana under an ounce: a misdemeanor, and in some jurisdictions eligible for pre-trial diversion
  • Possession of a controlled substance (Schedule I to V): a felony under O.C.G.A. 16-13-30, with sentencing that depends on the drug and the amount
  • Possession with intent to distribute: proven by weight, packaging, scales, cash and messages, not by an actual sale
  • Trafficking: triggered purely by weight (for example 28 grams of cocaine or methamphetamine, 4 grams of heroin, 10 pounds of marijuana) and carrying mandatory minimum prison terms
  • Conspiracy and RICO: where the State charges a group and uses one person’s statements against everyone

Where these cases are won

Most drug cases are decided at the search. If the stop lasted longer than the law allows, if the consent was not truly voluntary, if the warrant rests on an informant nobody can identify, or if the dog sniff was not supported by reasonable suspicion, the evidence can be suppressed. Motions to suppress are central to drug defense. Brandon drafted the State’s responses to hundreds of them as a prosecutor; now he writes them for you.

For clients who need treatment, many counties operate accountability courts (drug court, mental health court and veterans court) that can resolve a case without a felony conviction. Brandon knows the entry requirements for each and cares about those who struggle with an addiction. Brandon has connections with many rehabilitation programs and can help your loved one get the help they may need.

Common questions

Is possession of a controlled substance a felony in Georgia?

Yes, for anything other than less than an ounce of marijuana. A first-offense felony possession can carry probation rather than prison, and Georgia’s first offender or conditional discharge statutes can keep a first offense off your record if you complete the terms.

Answered by Brandon Delfunt · Updated September 2026

What counts as trafficking in Georgia?

Weight, not intent. Possessing 28 grams or more of cocaine or methamphetamine, 4 grams or more of heroin or fentanyl, or 10 pounds or more of marijuana is trafficking under O.C.G.A. 16-13-31, with mandatory minimum sentences that start at 10 years for some substances.

Answered by Brandon Delfunt · Updated September 2026

The drugs were not mine. Does that matter?

Yes, but it is not automatically a defense. Georgia allows “constructive possession”, meaning the State can argue you knew about and controlled drugs found in your car or home. Who had access, whose fingerprints, and what was said all matter.

Answered by Brandon Delfunt · Updated September 2026

Can the police search my car during a traffic stop?

Only with probable cause, consent, or a lawful reason to extend the stop. Officers cannot hold you waiting for a drug dog without reasonable suspicion beyond the traffic violation. Whether that line was crossed is one of the first things Brandon looks at.

Answered by Brandon Delfunt · Updated September 2026

This page is general information about Georgia criminal law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.

Charged in Georgia? Call now!

The first hours after an arrest shape the bond conversation. The line is answered by a person 24 hours a day, in English or in Spanish, and Brandon returns your call the same day.

Call now 770-406-6224 · Answered 24/7