Why Drug Cases Need a Defense Now.
-
01
First Offender Window
Georgia's First Offender Act and Conditional Discharge programs both have application deadlines tied to early case stages.
-
02
Trafficking Mandatories
Quantity thresholds trigger mandatory minimum sentences. Early defense can sometimes negotiate before charges crystallize.
-
03
Probation Programs Fill Up
Treatment-based alternatives have limited slots. Earlier engagement means more options on the table.
Former Cobb Magistrate Judge
Presided over warrant applications and search warrant reviews.
Former Cobb County Prosecutor
Inside knowledge of how the State builds drug cases.
AV Preeminent® Peer Rated
Highest peer rating from Martindale-Hubbell.
State Bar of Georgia
Active Member in Good Standing. Licensed since 1997.
Three Sides of the Drug Case.
One Strategic Advantage.
Gerald Moore is a former Cobb County magistrate judge and former Cobb County assistant district attorney. He has seen drug cases from the judge's bench, from the prosecutor's table, and now from the defense side. That three-sided perspective gives Moore Law Center a strategic advantage that most drug defense firms in the area cannot offer.
We defend the full range of criminal defense services with deep experience in drug-related matters. From simple marijuana possession to multi-kilogram trafficking allegations, our attorneys fight to suppress evidence, challenge the State's case, and protect your freedom.
From Possession to Trafficking. We Defend Every Level.
Georgia classifies drug offenses by type and severity. Penalties escalate dramatically as the charges move from simple possession to trafficking. Knowing where your charge falls is the first step.
Simple Possession
2 to 15 years for Schedule I/II first offense. Marijuana over one ounce: 1 to 10 years. Under O.C.G.A. § 16-13-30. One ounce or less of marijuana is a misdemeanor.
Possession With Intent
5 to 30 years. Prosecution relies on circumstantial evidence: quantity, packaging, scales, cash, communications. Challenging the inference of intent is core to the defense.
Drug Trafficking
Mandatory minimums. Defined by weight, not proof of distribution. 28g cocaine triggers 10 years. 10 lbs marijuana triggers 5 years. These are felony charges with no parole.
Drug Manufacturing
Up to 30 years. Cultivating marijuana, operating a meth lab, or producing any controlled substance. Penalties vary by substance and quantity.
Drug-Related DUI
Georgia's DUI statute covers any drug, not just alcohol. Drugs found during a DUI arrest can produce simultaneous charges. We coordinate DUI defense with drug defense.
Trafficking Sentences Cannot Be Reduced by the Judge.
Under O.C.G.A. § 16-13-31, possession of 28 grams or more of cocaine triggers a 10-year mandatory minimum and a $200,000 fine. Methamphetamine: same threshold. Marijuana: 10 pounds triggers 5 years and $100,000. Heroin: 4 grams triggers 5 years and $50,000. These sentences are served day-for-day without the possibility of parole. The only statutory mechanism for reduction is substantial assistance to law enforcement. Trafficking arrests typically result in high bond amounts. A bond hearing is the first opportunity to argue for reasonable release conditions.
Call 678-699-3406 NowFive Schedules. Five Sentencing Tiers.
Georgia classifies controlled substances under O.C.G.A. § 16-13-25 through § 16-13-29. The schedule determines both the severity of the charge and the sentencing range.
Schedule I
High abuse potential. No accepted medical use.
Heroin, LSD, MDMA (ecstasy), psilocybin.
Schedule II
High abuse potential. Accepted medical uses with severe restrictions.
Cocaine, methamphetamine, fentanyl, oxycodone, hydrocodone, Adderall, morphine.
Schedule III
Moderate abuse potential.
Anabolic steroids, ketamine, certain barbiturates.
Schedule IV
Lower abuse potential.
Xanax (alprazolam), Valium (diazepam), Ambien (zolpidem).
Schedule V
Lowest abuse potential.
Cough preparations with limited codeine quantities.
Possession without a valid prescription of any Schedule II substance is a felony in Georgia carrying 2 to 15 years for a first offense. Even Schedule III and IV possession can result in felony charges.
Five Ways We Take Drug Cases Apart
Gerald Moore built drug cases from the prosecution's side. He knows the evidence the State relies on, the procedures it must follow, and where it cuts corners.
Fourth Amendment Challenges
Most drug cases begin with a search. A traffic stop. A home search. Consent. If law enforcement violated your Fourth Amendment rights at any point, the evidence may be suppressed. We examine the basis for every search, every warrant, and every stop.
Weight & Identity Challenges
Trafficking charges hinge entirely on weight. We demand independent laboratory testing. Errors in field testing, contamination, and chain-of-custody failures undermine the case. If the weight falls below the threshold, the charge drops.
Constructive Possession
If drugs were found in a shared vehicle, residence, or common area, the prosecution must prove you had knowledge of and dominion over them. Being near drugs is not the same as possessing them. We challenge constructive possession aggressively.
Entrapment
If law enforcement induced you to commit a drug offense you would not have otherwise committed, entrapment is a viable defense. Particularly relevant in undercover stings and confidential informant cases.
Negotiated Reductions
When the evidence is strong, the goal shifts to minimizing the outcome. Reductions from trafficking to possession. Diversion programs. Conditional discharge. First Offender Act treatment. Gerald Moore's prosecutor experience drives effective negotiation.
Talk to a Drug Defense Attorney
Drug charges do not wait. Every day matters. Call us today.
Call 678-699-3406 →Conditional Discharge & First Offender Treatment
Georgia provides two distinct routes for first-time drug offenders to avoid a permanent conviction. Knowing which one applies to your case matters.
Conditional Discharge
Available specifically for first-time simple drug possession charges under O.C.G.A. § 16-13-2. The court defers proceedings and places the defendant on probation. Complete the conditions, the charges are dismissed, and the record can be expunged.
Lifetime limit: available only once.
First Offender Act
Broader application under O.C.G.A. § 42-8-60. Applies to defendants with no prior felony convictions. Complete the sentence without a formal conviction. If terms are violated, the judge can revoke status and impose the full original sentence, which can lead to probation revocation proceedings.
Risk: revocation reinstates full sentence.
These options are powerful when available. Not every case qualifies. Not every case benefits from pleading versus fighting at trial. We evaluate both paths before recommending a course of action.
Defending Drug Cases Across Greater Atlanta
Drug cases are heard in Cobb County State Court (misdemeanors) and Cobb County Superior Court (felonies).
Cobb County Criminal Defense
Marietta, Kennesaw, Acworth, Smyrna, Powder Springs.
Fulton County
Atlanta, Roswell, Alpharetta, Sandy Springs.
Cherokee County
Canton, Woodstock, Holly Springs.
Douglas County
Douglasville, Lithia Springs.
Gwinnett County Criminal Defense
Lawrenceville, Duluth, Peachtree Corners, Norcross.
DeKalb County Criminal Defense
Decatur, Dunwoody, Brookhaven, Tucker.
Paulding County Criminal Defense
Dallas, Hiram.
Bartow County Criminal Defense
Cartersville, Emerson.
Fayette County Criminal Defense
Fayetteville, Peachtree City, Tyrone.
What Our Peers and Clients Say
Verified reviews from attorneys and clients who have worked with Gerald Moore.
I have worked with Gerald E. Moore both as a colleague and practiced in front of him when he was a magistrate judge. I find him to be highly knowledgeable and principled.
Peer Attorney · Martindale-Hubbell
Gerald Moore was incredible to work with. He kept me calm and informed every step of the way. Thanks to his expertise, my charges were reduced and the case was resolved in a single hearing.
Madeline P. · Google review
First Offender Eligible? Find Out Now.
Conditional Discharge and First Offender pathways exist for many drug cases. Free consultation tells you which apply.
Drug Charges in Georgia, Answered
Common questions clients ask before they call.
What are the drug trafficking charges and penalties in Georgia?
Georgia defines trafficking by weight, not by proof of distribution. Cocaine: 28g+ triggers 10 years mandatory minimum and $200,000 fine. Meth: same thresholds as cocaine. Marijuana: 10 lbs+ triggers 5 years and $100,000 fine. Heroin: 4g+ triggers 5 years and $50,000 fine. These sentences are served day-for-day without parole.
What does a first-time drug trafficking offender face in Georgia?
Mandatory minimums apply regardless of criminal history. A first-time offender faces the same statutory minimum as a repeat offender. The First Offender Act may apply in some cases, and defense attorneys may negotiate reduced charges or challenge evidence. Substantial assistance to law enforcement under O.C.G.A. § 16-13-31(f) is the only statutory mechanism for sentence reduction.
How can a drug trafficking charge be beaten in Georgia?
Defense strategies include challenging the legality of the search (Fourth Amendment), disputing the weight or identity of the substance through independent testing, challenging constructive possession, arguing entrapment in sting operations, and filing motions to suppress evidence obtained through warrant defects.
What is the difference between possession and possession with intent to distribute?
Simple possession means having a drug for personal use. Possession with intent to distribute relies on circumstantial evidence: quantity, packaging materials, scales, cash, and communications. Intent charges carry 5 to 30 years for Schedule I/II substances.
What are Schedule II drugs in Georgia?
Schedule II substances have high abuse potential with accepted medical uses. Includes cocaine, methamphetamine, fentanyl, oxycodone, hydrocodone, Adderall, and morphine. Possession without a valid prescription is a felony carrying 2 to 15 years for a first offense.
How much marijuana is a felony in Georgia?
More than one ounce is a felony carrying 1 to 10 years. One ounce or less is a misdemeanor. Ten pounds or more triggers trafficking charges with a mandatory minimum of 5 years and $100,000 fine.
What is conditional discharge for drug charges in Georgia?
Conditional discharge under O.C.G.A. § 16-13-2 allows first-time simple possession defendants to complete probation and have charges dismissed and expunged. Available once in a lifetime. Separate from the First Offender Act.
Can drug charges also lead to a DUI in Georgia?
Yes. Georgia's DUI law covers impairment from any drug. If drugs are found during a DUI arrest, you face both charges simultaneously. Moore Law Center handles both DUI defense and drug charge defense.
Contact a Marietta Drug Defense Attorney Today
Drug charges in Georgia do not leave room for mistakes. Mandatory minimums. Felony records. Loss of freedom. The prosecution begins building their case the moment you are arrested. Your defense needs to start just as fast.
191 Roswell St NE, Suite 100, Marietta, GA 30060
678-699-3406
info@moorelawcenter.com