Possession of Illegal Drugs With the Intent to Distribute

Intent to Distribute

Possession with Intent to Distribute

Possession with Intent to Distribute is a serious drug crimes charge in Georgia. Punishemnts include fines and lengthy prison sentences. If you have been arrested and charged with intent to distribute you need to hire a drug crimes defense attorney.

What is Possession with Intent to Distribute

The drug charge possession with intent to distribute is applicable when any person(s) is caught with an illegal substance and there is a reasonable belief that the quantity is more than a person would have for personl use. The possession of a controlled substance with the intent to sell or distribut offense can bring State and Federal charges.

The circumstances of the case will influence the severity of how the case is prosecuted. If the substance is a Schedule I or Schedule II drug the charge is a felony and can result in decades in prison. If a person is arrested on charges of possession with intent to distribute, and is within 1,000 feet of a park, school grounds, housing project (or in a drug-free zone) the sentence could be as much as 40 years in prison.

First Offender Program

For first-time offenders, there may a chance to move the accused into a diversion program or alternative sentencing. This effectively is an extended probation with a set of requirements, and a chance to not have a permanent criminal record.

Any intent to distribute charge places the burden of proof on the prosecution. The prosecutor must prove the accused intended to sell or distribute instead of use the substance. Withan experienced defense lawyer you may be successful in fighting the charges. If you have been charged with intent to distribute, we encourage you to call 770-956-1400 to arrange a confidential meeting with a drug crimes lawyer.

Possession with Intent to Distribute Laws in Georgia

The 2010 Georgia Code, Title 16, Chapter 13, Article 78 covers the regulation of prescription drug forgery in the State of Georgia. Specifically, O.C.G.A. § 16-13-378 covers the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties. It reads as follows:

O.C.G.A. 16-13-30 (2010)

  • 16-13-30. Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties
  • (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his control any controlled substance.
  • (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
  • (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years.
  • (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
  • (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years.
  • (f) Reserved.
  • (g) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than one year nor more than ten years.
  • (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (j)(1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.
  • (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
  • (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both. (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years.
  • (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

If you have been arrested or formally charged with a drug related crime you need to hire an expert drug charges defense lawyer. Call us at 770-956-1400 to arrange time to discuss your situation and get answers to your questions.