How to Deal with a Charge of Distributing or Selling Drugs

Leah Davis Madden • June 16, 2023
Georgia Criminal Defense Attorneys

How to Deal with a Charge of Distributing or Selling Drugs

(Atlanta, GA)


If you are facing drug-related charges, competent legal representation will help you avoid a harsh sentence. Remember, drug possession and possession with intent to distribute are considered different crimes. Additionally, a charge is different from a conviction.



Potential Penalties for Drug Distribution Offenses

Specific convictions and sentences depend largely on the type of drugs you’re charged with possessing and/or distributing. The Georgia Controlled Substances Act categorizes illegal drugs as follows:


Schedule I drugs


Examples of Schedule I substances are heroin, hallucinogenic mushrooms, peyote, LSD, methaqualone, and cannabis. A first conviction can attract a prison sentence of 5 to 30 years. Subsequent offenses carry heavier penalties of 10 to 40 years, or a life sentence.   


Schedule II drugs


Schedule II drugs include cocaine, fentanyl, oxycodone, Ritalin, methamphetamine, Adderall, Dexedrine, morphine, raw opium, and methadone. The possible sentences for their possession and distribution are similar to those of Schedule I drugs.


Schedule III substances are not as addictive as Schedule I and Schedule II drugs. Examples are ketamine, testosterone, and anabolic steroids. Schedule IV drugs include Xanax, Valium, and Tramadol. Schedule V substances such as Motofen and Lomotil have the lowest risk of addiction.


Possession with intent to distribute Schedule III to V substances can attract a jail sentence of 1 to 10 years. Drug-related felonies committed within 1,000 feet of schools, parks, and other drug-free zones attract additional penalties.


Practical Defenses Against Possession with Intent to Distribute Charges


Potential defenses against drug-related offenses include:


Lack of intent: This defense places the burden of proof on the prosecution. You have a high chance of success if your lawyers can prove the drugs were for your personal use and not distribution. 


Unlawful search: If your attorney can prove the violation of your Fourth Amendment rights, any materials seized during the illegal search may be suppressed. The entire case might consequently be dismissed for lack of evidence.



Entrapment: This defense is applicable if police officers or other government-affiliated individuals trick you into participating in a crime you wouldn’t have committed otherwise. 


While much harder to prove, there have been instances of law enforcement officers or malicious individuals planting controlled substances on innocent people. This defense might work if you have a strong alibi to corroborate your innocence.


Hire a Qualified Lawyer Today


At Davis Madden & Associates, P.C., we offer our clients the highest quality legal services. Our competent and experienced lawyers will use their comprehensive knowledge of state and federal drug laws to help you overcome your legal challenges. Please schedule a consultation today for more details.


The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.



Request a Consultation

Georgia Criminal Law Blog

Criminal defense attorney in Atlanta, Georgia

When Criminal Charges Add Up: Understanding Multiple Count Cases in Georgia

By Leah Davis Madden • September 2, 2025
Being hit with multiple criminal charges can make an already disconcerting situation even more bewildering. When you find yourself at the intersection of an intricate criminal justice system and pregnant charges, seeking qualified legal representation is paramount. At Davis Madden & Associates, P.C. , we aim to demystify the multipart complexities surrounding multiple-count cases. As experienced criminal lawyers in Atlanta, we are well-versed in the intricacies of Georgia's criminal system.
Criminal defense attorney in Atlanta, Georgia

Can You Fight a Reckless Driving Charge in Atlanta? Legal Strategies Explained

By Leah Davis Madden • August 18, 2025
If you've been charged with reckless driving in Atlanta, Georgia, you might feel overwhelmed and unsure of your next steps. As leading criminal lawyers in Atlanta, we at Davis Madden & Associates, P.C., understand your fears and are committed to helping you through the process. Here, we will demystify the complexities of the criminal defense process, particularly as regards reckless driving. 
Criminal defense attorney in Atlanta, Georgia

Common White Collar Offenses in Atlanta: Fraud, Embezzlement, and More

By Leah Davis Madden • August 4, 2025
Understanding White Collar Crimes
Criminal defense attorney in Atlanta, Georgia

DUI Checkpoints and Arrests in Atlanta: What's Legal and What's Not?

By Leah Davis Madden • July 16, 2025
As a resident of Atlanta or the greater state of Georgia, understanding DUI (Driving Under the Influence) laws can be crucial, especially given the potential criminal charges you could face. Our team of Criminal Lawyers in Atlanta, at Davis Madden & Associates, P.C., strives to ensure you are well informed about these laws, preparing you to navigate potential DUI checkpoints and arrests. 
Criminal defense attorney in Atlanta, Georgia

How a Prior Conviction Can Lead to New Charges for Firearm Possession in Atlanta

By Leah Davis Madden • July 2, 2025
If you are a resident of Atlanta, Georgia or the greater state of Georgia, grappling with criminal charges such as Drunk Driving, Sex Crimes, Murder, Assault, Armed robbery, you must understand how a previous conviction can lead to new charges, particularly for firearm possession. As a renowned Criminal Lawyer in Atlanta, Davis Madden & Associates is dedicated to outlining the legal landscape and potential aspects of your case.
Criminal defense attorney in Atlanta, Georgia

Post-Conviction Relief in Atlanta: How a Habeas Corpus Petition Can Help

By Leah Davis Madden • June 16, 2025
If you live in Atlanta or elsewhere in Georgia, you might not realize the immense power of habeas corpus petitions when it comes to post-conviction relief. This powerful legal tool empowers those who have been convicted of crimes, ranging from drunk driving to assault and armed robbery, to challenge the legality of their imprisonment. 
Criminal defense attorney in Atlanta, Georgia

Caught Stealing in Georgia? What to Expect from a Theft Charge in Atlanta

By Leah Davis Madden • June 2, 2025
No matter how minor a theft charge may seem, it can have severe consequences. From fines to imprisonment, the impact on one’s future can be profound. Experience, expertise, and understanding can make a significant difference in the outcome of such a case. A criminal lawyer in Atlanta can offer much-needed assistance at this critical time. 
Criminal defense attorney in Atlanta, Georgia

How Georgia Law Defines Felony Obstruction of Law Enforcement

By Leah Davis Madden • May 16, 2025
Amid a myriad of challenges linked with the potential legal consequences of offenses such as drunk driving, sex-related crimes, murder, assault, armed robbery, and more in Atlanta, Georgia, one considerably significant criminal charge often overlooked is the felony obstruction of law enforcement. Understanding this charge is crucial for ensuring that those accused navigate the complex legal landscape effectively. 
Criminal defense attorney in Atlanta, Georgia

Appealing a Conviction in Georgia: Why the Notice of Appeal Matters

By Leah Davis Madden • May 2, 2025
If you or a loved one has recently been convicted of a crime in Georgia, you might be contemplating whether to appeal the verdict. Hiring an experienced Criminal Lawyer in Atlanta is the first step towards successfully navigating the complex appeals process. This article provides a comprehensive guide on why the Notice of Appeal matters and vital tips to bear in mind. 
Criminal defense attorney in Atlanta, Georgia

How RICO Charges Differ from Other Criminal Offenses in Georgia

By Leah Davis Madden • April 16, 2025
At Davis Madden & Associates, P.C. , we provide experienced, dedicated representation for a wide variety of criminal charges, including those under the Racketeer Influenced and Corrupt Organizations Act (RICO). The RICO law is complex and far-reaching, affecting a much broader range of criminal activity than the average person might expect, and it differs significantly from other criminal offenses in Georgia.