Drug Trafficking OCGA § 16-13-31

In State of Georgia, it is considered Drug Possession and against the law to purchase, possess or have under your control any drug or substances classified under Schedule I – Schedule V of the Georgia Code. The Georgia Controlled Substances Act classifies these drugs as follows:

Schedule I

Schedule I drugs are classified as drugs with no current medical use with high potential for abuse or addiction. These are the types of drugs that not even a pharmacist will have access to. Out of all drugs, the DEA labels these the most dangerous drugs. The following are all considered Schedule I substances under Georgia state law:

• Heroin
• LSD
• MDMA (Ecstasy)
• Psilocybin (Magic Mushrooms)
• Synthetic Marijuana (Spice)
• Mescaline (Peyote)
• Cannabis

Schedule II

Schedule II drugs are classified as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Unlike Schedule I, Schedule II controlled substances do have some current medical use and can be obtained through prescription. The following are examples of Schedule II drugs:

• PCP
• Oxycodone
• Cocaine
• Methamphetamine
• Amphetamine
• Fentanyl
• Vicodin
• Hydrocodone

Schedule III

Schedule II drugs are classified as drugs with a moderate to low potential for drug abuse. The risks of dependence are lower than that of Schedule I and II drugs, but less than that of Schedule IV or V. These are mostly prescription drugs, and usually not purchased over the counter. The following are example of Schedule III drugs:

• Testosterone
• Anabolic Steroids
• Ketamine
• Tylenol with Codeine
• Suboxone

Schedule IV

Schedule IV drugs are defined as drugs with a low potential for abuse and lower risk of dependence. Common examples of Schedule IV drugs are any of the following:

• Xanax
• Soma
• Valium
• Ambien
• Tramadol
• Ativan
• Klonopin

Schedule V

Schedule V are drugs with the lowest potential for abuse or dependency or misuse. All of the following are considered Schedule V drugs:

• OTC Cough Syrup
• Pseudoephedrine
• Robitussin AC
• Ezogabine

Many people want to know how to beat a drug trafficking case. The first step in the process is to schedule a free consultation with a criminal lawyer near you. You should follow your attorney’s legal advice and perform your own legal research as well. Doing your own homework can help your attorney represent you better. The way to beat a drug trafficking case is by working with your criminal defense attorney and by using any of the following defenses:

Illegal Search and Seizure – Law enforcement officers must adhere to particular protocols when they investigate and arrest you. If they violate those protocols, they may be violating your constitutional rights.

A violation of your constitutional rights may be reason to dispute the Drug Trafficking charge.

For example, your Fourth Amendment rights are meant to protect you from illegal search and seizure. A police officer may have searched your car without probable cause to believe you were breaking the law.

In such a case, you may be able to argue that the evidence found as a result of that unlawful search should be suppressed and excluded at trial.

Lack of Control, Possession, or Knowledge

A key element of Drug Trafficking is the intent to commit the crime. You may not have had any intent to possess drugs. For example, maybe you borrowed a friend’s car that unbeknownst to you had over 28 grams cocaine in it. If the police find it and you’re charged with trafficking cocaine, you should not be convicted because you had no knowledge, actual possession, or constructive possession of the drugs.

Another common defense used in Drug Trafficking charges is the Equal Access Rule. Georgia law has made it clear that the State must prove that you had knowledge of and exclusive control over the substance. It can be difficult for the State to prove this if other individuals had equal access to the substance or area where the substance was found. If it can be shown that others had equal access, then it allows your defense lawyer to make the argument that the drugs were placed there and belong to someone other than you. Unfortunately, this defense does not work if you and the other persons with equal access are alleged to be in joint constructive possession of the contraband.

Entrapment

Entrapment occurs if you are solicited by a government agent to commit a drug offense. To be successful, it must be shown that the agent used undue persuasion against you to get you to violate the law. The idea of committing the drug offense must have also originated with the agent and not you.

Entrapment is a difficult defense. It’s rarely used and even more rarely won.

Insufficient Evidence

The District Attorney has the burden of proving guilt. They must prove your guilt beyond a reasonable doubt. If it’s reasonable to believe that you did not possess the substance, then you can’t be guilty. If it’s reasonable to believe that the substance doesn’t weigh the amount required under the law, then you can’t be guilty. If it’s reasonable to believe that the substance isn’t one of the six covered under the trafficking law, then you can’t be guilty.

A good criminal defense attorney can cast reasonable doubt on the Government’s theory. Arguing insufficient evidence to convict is probably the most common defense we have.

Sometimes, your criminal lawyer might not have much to work with. If the State has you ‘dead to rights’ you and your attorney must get creative. Unfortunately, the mandatory minimums associated with drug trafficking crimes are mandatory. The court cannot deviate from the minimum sentences.

If you’re caught trafficking, you know you’re caught, your attorney knows you’re caught, and the government knows it, it might be in your best interest to give substantial assistance to the government. Substantial assistance applies in State cases and Federal court cases.

If you elect to go this route, you will be required to tell the Government the absolute 100% God’s honest truth. If you have any reservations about being this truthful, then you’re better off not doing it. The government will decide whether your cooperation is substantial. In trafficking cases, the government is usually interested in knowing where the excessive amounts of drugs came from. If you are able to provide the government with this information, the government might agree to reduce your charges to simple possession or possession with intent to distribute. Those charges are still felonies, but they do not carry mandatory minimums.

In Federal cases, substantial assistance works the same way. If you give substantial assistance, the Court can depart from the guidelines and sentence you to a term of imprisonment below the mandatory minimum.

At times, providing information to the government can be beneficial. At other times, it’s just not worth it. The information that you provide to the government will be sent to the individual that you are telling on. You could be called as a witness to testify against that person. Depending on who you are throwing under the bus, that can be pretty scary for you and your family. Unless you have a lot to gain or nothing to lose from giving assistance, it might not be worth it.