Created by FindLaw's team of legal writers and editors | Last reviewed March 21, 2018
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The possession, sale, and trafficking of cocaine is illegal in all states. As with the federal and most other state drug laws, cocaine is treated as a more serious illicit drug than marijuana. Georgia cocaine laws are rather strict. The possession of any amount of the drug is charged as a felony and can result in up to 15 years in prison for the first offense. Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell.
While the sale of cocaine is a felony in Georgia, punishable by five to 30 years in prison, a first-time offender may not serve as much time but still must serve a minimum one-year term. A second offense, however, may result in a prison term of up to 40 years. Selling cocaine (or any illicit drugs) within a school zone, possessing a firearm, having a child present, and other aggravating factors will increase the penalty.
As in other states, Georgia has a number of "accountability courts" (called drug courts in other states) to help ease the strain on prison resources and to help addicts access recovery programs. Georgia's accountability courts offer drug abatement programs (counseling, etc.) for first-time offenders and are located in some but not all Georgia counties. Find one near you using the Georgia Accountability Court Directory.
Learn more about Georgia cocaine laws in the following chart. See FindLaw's Drug Charges section for additional articles and resources.
| Code Section | 16-13-20, et seq. |
| Possession | Over 28 g. is trafficking; Possession of any amount is a felony punishable with minimum 2-15 yrs.; Subsequent offense: minimum 5-30 yrs. |
| Sale | Felony: 5-30 yrs.; Subsequent offense: 10-40 yrs. |
| Trafficking | 28-200 g.: mandatory 10 yrs. and $200,000; 200-400 g.: mandatory 15 yrs. and $300,000; Over 400 g.: mandatory 25 yrs. and $1,000,000 |
| Additional Penalties for Drug Violations |
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Note: State laws are constantly changing -- contact a Georgia drug crime attorney or conduct your own legal research to verify the state law(s) you are researching.
While most states have been softening their drug laws a bit, after years of perhaps overzealous enforcement, the consequences of a drug conviction can still be quite severe. If you've been charged with the possession or sale of cocaine or other drugs in Georgia, it's a good idea to contact a local drug crime lawyer to discuss your case and learn about the legal options available to you.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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