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Intent to Distribute, Sale, and Trafficking Controlled Substances

A conviction for most all Drug Distribution and Trafficking offenses will violate immigration laws as an “Illicit Drug Trafficking Aggravated Felony Offense” causing mandatory deportation and permanent inadmissibility to the United States. 

STERN Law has the expertise to successfully defend your criminal case and immigration status.

Believe it or not, it is possible to receive a life sentence in prison if convicted of two or more drug distribution offenses regardless of the amount of drugs involved. If this is coupled with at least 3 prior felony convictions, the sentence is not eligible for parole. The true effect of laws against drug distribution and trafficking is thousands of people spending decades or entire lifetimes in prison for a non-violent offense.

If weapons were involved in your case or you have prior felony convictions, judges and prosecutors are more likely to increase sentences because of these factors. 

It is critical that you hire an experienced lawyer who has fought the Government in protecting clients from serious drug convictions.

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WARNING: Sometimes even dismissed charges – like “First Offender” and “Conditional Discharge” sentences – are considered convictions under federal immigration law. Here’s the federal definition of conviction: “a formal judgment of guilt of the alien entered by the court” or, “if adjudication of guilt has been withheld, where…a judge has found the alien guilty, or the alien has entered a plea of guilty or nolo contendere, or has admitted sufficient facts to warrant a finding of guilt, and…the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.” INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).

Possession of Controlled Substances with Intent to Distribute Drugs

GA Code § 16-13-30 (2016) Criminalizes the possession with intent to distribute of up to 28 grams of any controlled substance, including (but not limited to):

  • Marijuana, Cocaine, Methamphetamine, MDMA Ecstasy, LSD, Heroin, and controlled prescription drugs

Possession of Controlled Substances with Intent to Distribute Drugs

Drug trafficking offenses are highly complex cases. The defense requires specialized knowledge in the area of drug trade operations and skilled consideration when dealing with co-defendants or confidential informants.

GA Code § 16-13-31 (2016)

Trafficking generally involves distribution of 28 grams or more of a controlled substance.Each trafficking charge requires individual statutory analysis to determine which sentence applies, but most offenses carry either 5, 15, or 25 year mandatory sentences (without the possibility of probation or sometimes parole) depending on weight and purity of the drugs.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.