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Georgia Drug Manufacturing Laws

Created by FindLaw's team of legal writers and editors | Last updated January 19, 2018

Georgia's drug laws, particularly those governing sentencing, are some of the strongest in the nation. When it comes to manufacturing, the laws generally require evidence of an intent to distribute. They also break down manufacturing crimes by type of substance and even include lawful substances that can also be used to manufacture drugs. With the latter, it's possible that a defendant could lawfully purchase a common substance (such as one found in a local hardware store), but could nonetheless be convicted of drug manufacturing if there is evidence of an intent to use that substance to manufacture prohibited drugs.

There have been efforts to reform the impact of Georgia's laws, but with mandatory minimum sentences courts often have little ability to reduce some of the harsher sentences. However, there are some circumstances where a court can depart from the mandatory minimum sentences, such as where a defendant:

  • Provides substantial assistance to law enforcement;
  • Was not a leader of the criminal conduct;
  • Did not possess or use a dangerous weapon during the crime;
  • Did not cause death or serious bodily injury;
  • Has no prior felony convictions; or
  • Serving a mandatory minimum sentence would not advance the interests of justice.

Georgia Drug Manufacturing Laws At A Glance

For more information on the specific drug manufacturing laws in Georgia, consult the chart below.

Statutes
  • Georgia Code Section 16-13-30 (prohibiting manufacture of any controlled substance with intent to distribute)
  • Georgia Code Section 16-13-30.1 (prohibiting manufacture of certain non-controlled substances with intent to distribute)
  • Georgia Code Section 16-13-30.2 (prohibiting manufacture of imitation controlled substances with intent to distribute)
  • Georgia Code Section 16-13-30.5 (prohibiting possession of any substance with the intent to manufacture a Schedule I or II controlled substance)
  • Georgia Code Section 16-13-31 (listing penalties for the manufacture of specific drugs)
  • Georgia Code Sections 16-13-25 to 16-13-29 (listing the Schedules I - V substances)
Mandatory Minimum Sentences

Cocaine (purity of at least 10%)

  • 28g - 200g: 10 years in prison and a fine of $200,000
  • 200g - 400g: 15 years in prison and a fine of $300,000
  • Over 400g: 25 years in prison and a fine of $1 million

Morphine/Opium

  • 4g - 14g: 5 years in prison and a fine of $50,000
  • 14g - 28g: 10 years in prison and a fine of $100,000
  • Over 28g: 25 years in prison and a fine of $500,000

Marijuana

  • 10lbs - 2,000lbs: 5 years and a fine of $100,000
  • 2,000lbs - 10,000lbs: 7 years and a fine of $250,000
  • Over 10,000lbs: 15 years and a fine of $1 million

Methaqualone

  • 200g - 400g: 5 years and a fine of $50,000
  • Over 400g: 15 years and a fine of $250,000

Methamphetamine/Amphetamine

  • Under 200g: 10 years and a fine of $200,000
  • 200g - 400g: 15 years and a fine of $300,000
  • Over 400g: 25 years and a fine of $1 million
Defenses

Defenses to Georgia drug manufacturing laws include:

  • Age (persons under age 13 cannot be found guilty of a crime)
  • Lack of intent
  • Mental incapacity
  • Mistake of fact (the defendant did not know what the possessed substances were or thought they were something else)
  • The conduct was somehow justified or excused by the situation (the defendant confiscated the substances to keep them from a drug user)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Georgia Drug Manufacturing Laws: Additional Resources

If you'd like more information related to this topic, please click on the links below:

Contact an Attorney in Georgia About Your Drug Manufacturing Case

As you can see, Georgia drug manufacturing laws can be harsh, particularly where they incorporate perfectly legal substances which could be used in drug manufacturing. With many of these laws, the government's case comes down to intent, which is not always easy to prove. If you're facing drug manufacturing charges in Georgia, you'll want to have an experienced criminal defense attorney by your side early on in the process to challenge the government's evidence and to bolster your own.

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