2025 Georgia Codes – Page 207

(a)(1) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this
state or who is in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent
or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of
trafficking in cocaine and, upon conviction thereof, shall be punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the
person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine
of $200,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the
person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine
of $300,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sen-
tenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
(2) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this
state or who is in possession of any mixture with a purity of less than 10 percent of cocaine, as described
in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total
weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the
quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person
shall be punished as provided in paragraph (1) of this subsection, depending upon the quantity of cocaine
such person is charged with selling, manufacturing, delivering, or bringing into this state or possessing.
(b) Except as authorized by this article, any person who sells, manufactures, delivers, brings into this state,
or has possession of four grams or more of any morphine, opium, or substance identified in subparagraph
(RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25, or subparagraph
(A), (C.5), (F), (U.1), (V), or (V .2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of
an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture
containing any such substance in violation of this article commits the felony offense of trafficking in illegal
drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person
shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of
$50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person
shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of
$100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a man-
datory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
(c) Except as authorized by this article, any person who sells, manufactures, grows, delivers, brings into this
state, or has possession of a quantity of marijuana exceeding ten pounds commits the offense of trafficking in
marijuana and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of marijuana involved is in excess of ten pounds, but less than 2,000 pounds, the person
shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of
$100,000.00;
(2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person
shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of
$250,000.00; and
(3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a man-
datory minimum term of imprisonment of 15 years and shall pay a fine of $1 million.
(d) Except as authorized by this article, any person who sells, manufactures, delivers, or brings into this state
200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph
(6) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in meth-
aqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400
grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall
pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be
sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00.
(e) Except as authorized by this article, any person who sells, delivers, or brings into this state or has posses-
sion of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphet-
amine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of
trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is
28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of ten years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is
200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of 15 years and shall pay a fine of $300,000.00; and
(3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved
is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25
years and shall pay a fine of $1 million.
(f) Except as authorized by this article, any person who manufactures methamphetamine, amphetamine, or
any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of
this article commits the felony offense of trafficking methamphetamine or amphetamine and, upon convic-
tion thereof, shall be punished as follows:
(1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is
less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten
years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is
200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of 15 years and shall pay a fine of $300,000.00; and
(3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved
is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25
years and shall pay a fine of $1 million.
(g)(1) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon
any person who is convicted of a violation of this Code section who provides substantial assistance in the
identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or princi-
pals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion
may impose a reduced or suspended sentence if he or she finds that the defendant has rendered such sub-
stantial assistance.
(2)(A) In the court’s discretion, the judge may depart from the mandatory minimum sentence specified for
a person who is convicted of a violation of this Code section as set forth in subparagraph (B) of this para-
graph if the judge concludes that:
(i) The defendant was not a leader of the criminal conduct;
(ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous object during the
crime;
(iii) The criminal conduct did not result in a death or serious bodily injury to a person other than to a per-
son who is a party to the crime;
(iv) The defendant has no prior felony conviction; and
(v) The interests of justice will not be served by the imposition of the prescribed mandatory minimum
sentence.
(B) The sentencing departure ranges pursuant to subparagraph (A) of this paragraph shall be as follows:
(i) Any person convicted of violating paragraph (1) of subsection (b) or (d) of this Code section, two
years and six months to five years imprisonment and a fine of not less than $25,000.00 nor more than
$50,000.00;
(ii) Any person convicted of violating paragraph (1) of subsection (c) of this Code section, two years and
six months to five years imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00;
(iii) Any person convicted of violating paragraph (2) of subsection (c) of this Code section, three years
and six months to seven years imprisonment and a fine of not less than $125,000.00 nor more than
$250,000.00;
(iv) Any person convicted of violating subparagraph (a)(1)(A), paragraph (2) of subsection (a), relating to
the quantity of drugs specified in subparagraph (a)(1)(A) of this Code section, or paragraph (1) of subsec-
tion (e) or (f) of this Code section, five to ten years imprisonment and a fine of not less than $100,000.00
nor more than $200,000.00;
(v) Any person convicted of violating paragraph (2) of subsection (b) of this Code section, five to ten years
imprisonment and a fine of not less than $50,000.00 nor more than $100,000.00;
(vi) Any person convicted of violating subparagraph (a)(1)(B), paragraph (2) of subsection (a), relating to
the quantity of drugs specified in subparagraph (a)(1)(B) of this Code section, or paragraph (2) of subsec-
tion (e) or (f) of this Code section, seven years and six months to 15 years imprisonment and a fine of not
less than $150,000.00 nor more than $300,000.00;
(vii) Any person convicted of violating paragraph (3) of subsection (c) of this Code section, seven years
and six months to 15 years imprisonment and a fine of not less than $500,000.00 nor more than $1 mil-
lion;
(viii) Any person convicted of violating paragraph (2) of subsection (d) of this Code section, seven
years and six months to 15 years imprisonment and a fine of not less than $125,000.00 nor more than
$250,000.00;
(ix) Any person convicted of violating paragraph (3) of subsection (b) of this Code section, 12 years and
six months to 25 years imprisonment and a fine of not less than $250,000.00 nor more than $500,000.00;
and
(x) Any person convicted of violating subparagraph (a)(1)(C), paragraph (2) of subsection (a), relating to
the quantity of drugs specified in subparagraph (a)(1)(C) of this Code section, or paragraph (3) of subsec-
tion (e) or (f) of this Code section, 12 years and six months to 25 years imprisonment and a fine of not
less than $500,000.00 nor more than $1 million.
(C) If a judge reduces the mandatory minimum sentence pursuant to this paragraph, the judge shall specify
on the record the circumstances for the reduction and the interests served by such departure. Any such
order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1.
(D) As used in this paragraph, the term:
(i) “Dangerous weapon” shall have the same meaning as set forth in Code Section 16-11-121.
(ii) “Firearm” shall have the same meaning as set forth in Code Section 16-11-127.1.
(iii) “Hazardous object” shall have the same meaning as set forth in Code Section 20-2-751.
(iv) “Leader” means a person who planned and organized others and acted as a guiding force in order to
achieve a common goal.
(3) In the court’s discretion, the judge may depart from the mandatory minimum sentence specified in this
Code section for a person who is convicted of a violation of this Code section when the prosecuting attor-
ney and the defendant have agreed to a sentence that is below such mandatory minimum.
(h) Any person who violates any provision of this Code section shall be punished as provided for in the appli-
cable mandatory minimum punishment and for not more than 30 years of imprisonment and by a fine not to
exceed $1 million.
(i) Notwithstanding Code Section 16-13-2, any sentence imposed pursuant to subsection (g) of this Code sec-
tion shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing
measures under programs administered by the Department of Corrections, the effect of which would be to
reduce the period of incarceration ordered by the sentencing court or any form of pardon, parole, or commu-
tation of sentence by the State Board of Pardons and Paroles; provided, however, that during the final year of
incarceration, a defendant so sentenced shall be eligible to be considered for participation in a Department of
Corrections administered transitional center or work release program.