Penalties for Selling
All sales of Controlled Dangerous Substances in Georgia are felonies. Penalties depend on the type of CDS involved in the offense. Criminals with multiple felony convictions are punished more harshly.
Sale of Schedule I or II CDS
Sale of any Schedule I or II CDS is a felony punishable by five to 30 years in prison. A second or subsequent conviction is punishable by 10 to 40 years in prison, or by a term of life.
Sale of Schedule III, IV, or V CDS (other than flunitrazepam)
Sale of any Schedule III, IV, or V CDS, other than flunitrazepam (also known as Rohypnol), is a felony punishable by one to 10 years in prison. See the section “Repeat Offenders” below for information on subsequent felony convictions for the sale of Schedule III, IV, or V CDS, other than flunitrazelam.
Sale of flunitrazepam (also known as Rohypnol)
The sale of flunitrazepam is a felony punishable by five to 30 years in prison. A second or subsequent conviction is punishable by ten to 40 years in prison, or by a term of life.
Sale of marijuana
The sale of marijuana is a felony punishable by one to 10 years in prison. (Georgia Code Section 16-13-30.)
Sale of Drug-Related Objects
The sale of drug related objects is a misdemeanor punishable by up to one year of incarceration, a fine of up to $1,000, or both. A second offense is a "high and aggravated misdemeanor," punishable by up to 12 months incarceration, a fine of up to $5,000, or both. A third or subsequence offense is a felony punishable by one to five years in prison, a fine or $5,000, or both. Drug related objects include:
- materials for cultivating or growing CDS
- materials for packaging, storing, or containing CDS
- objects used to conceal CDS, or
- items used to inhale, inject, or otherwise administer or ingest CDS.
Enhanced Penalty for Involving a Minor
The use of a minor under the age of 17, for any purpose related to the distribution or sale of CDS including marijuana, is a felony punishable by five to twenty years in prison, a fine of up to $20,000, or both. (Georgia Code 16-32-32.2 and 17-10-3.)
Sale Near Certain Properties
The sale of CDS, including marijuana, or possession with the intent to sell CDS or marijuana near the following properties face enhanced penalties:
- within 1,000 feet of any public or private facility used for elementary or secondary education
- within 1,000 feet of a municipal, county or state recreation facility
- within 1,000 feet of public housing, or
- in a designated drug-free commercial zone.
A first conviction under this section is punishable by up to 20 years in prison, a fine of up to $20,000, or both, to be served consecutively with the sentence imposed for the underlying crime.
Second or subsequent convictions under this section are punishable by five to 40 years in prison, a fine of up to $40,000, or both, to be served consecutively with the sentence imposed for the underlying crime. A five-year minimum sentence is mandatory and cannot be suspended unless otherwise permitted by law.
Sentences imposed under this section cannot be merged with any other CDS related conviction. (Georgia Code Section 16-13-30.)
Felony Sentences Punishable by Ten Years or Less
A felony conviction punishable by a period of incarceration of ten years or less may, at the court’s discretion, be sentenced as a misdemeanor. (Georgia Code Section 16-13-32.4 through 16-13-32.6.)
Attempt Or Conspiracy To Commit A CDS Crime
The attempt, or conspiracy to commit, any CDS crime is punishable by a period of incarceration up to the maximum sentence permitted for the actual commission of the underlying crime. (Georgia Code Section 17-10-5.)
Repeat Felony Offenders
Defendants with multiple prior felony convictions face increasingly harsh penalties. If the punishment for subsequent offenses is not described in the section pertinent to the underlying crime, the punishment for repeat felony convictions is as follows:
Less than four felony convictions: Less than four prior felony convictions in Georgia, or under any other law of the United States, is punishable by the longest period of incarceration allowed by the law for the underlying conviction; however, the court may probate or suspend the maximum sentence at its discretion.
Four or more felony convictions. A fourth or subsequent felony conviction in Georgia, or under any law of the United States, is punishable by the longest period of incarceration permitted by the law for the underlying conviction. A defendant convicted under this section is not eligible for parole until the maximum sentence has been served. (Georgia Code Section 16-13-33.)
Felony convictions for the sale of CDS incur substantial periods of incarceration and may involve hefty fines. Multiple convictions result in even harsher penalties. (Georgia Code 17-10-7)
This information was gathered from various sources online and is subject to change. If a legal matter is involved, you should refer to the latest laws passed by the Georgia General Assembly.