Title 16, Chapter 13, Section 31
( 16-13-31)
(a)(1) Any person who knowingly sells, manufactures, delivers, or
brings into this state or who is knowingly 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 sentenced to a mandatory
minimum term of imprisonment of 25 years and shall pay a fine of
$1 million. (2) Any person who knowingly sells, manufactures, delivers, or
brings into this state or who is knowingly 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 knowingly selling, manufacturing, delivering, or
bringing into this state or knowingly possessing. (b) Any person who knowingly sells, manufactures, delivers, brings
into this state, or has possession of four grams or more of any
morphine or opium 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 mandatory minimum term of
imprisonment of 25 years and shall pay a fine of $500,000.00.
(c) Any person who knowingly sells, manufactures, grows, delivers,
brings into this state, or has possession of a quantity of marijuana
exceeding 50 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 50
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 mandatory minimum term of
imprisonment of 15 years and shall pay a fine of $1 million. (d) Any person who knowingly 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 methaqualone 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) Any person who knowingly sells, manufactures, delivers, or
brings into this state or has possession of 28 grams or more of
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
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)(1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) 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 and who provides substantial
assistance in the identification, arrest, or conviction of any of
his accomplices, accessories, coconspirators, or principals. 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 finds that the defendant has rendered such
substantial assistance. (g) Any person who violates any provision of this Code section in
regard to trafficking in cocaine, illegal drugs, marijuana, or
methamphetamine shall be punished by imprisonment for not less than
five years nor more than 30 years and by a fine not to exceed $1
million. |