Drug laws in Massachusetts are particularly harsh concerning drug trafficking and sale to minors or near a school zone, but less severe for marijuana. Heroin possession laws are extremely strict and include a statute that if a person is even knowingly in a location where heroin is being kept, they can incur criminal charges of up to a year in prison and a fine of up to $1,000, even if that person didn’t ever have control over the drug. 

Individuals who are charged with first-time drug-related offenses that are not considered serious crimes, such as violent crimes, may be able to go through one of Massachusetts’s 27 adult or three juvenile drug courts for diversion into a treatment program instead of facing jail time. This is typically a probationary period requiring frequent check-ins with a judge and case manager and completion of a court-ordered addiction treatment program.

Some cities and counties in Massachusetts have drug diversion programs as well, such as the one run through Middlesex County District Attorney Marian Ryan, which allows individuals to receive addiction treatment services in collaboration with the local Lowell House as an Adult Diversions Alternative Program (ADAP). ADAPs aid people in getting addiction treatment help pre-arraignment instead of after being charged with a crime. 

Individuals in Massachusetts can also be civilly committed to a department of corrections (DOC) facility under Section 35 if someone petitions the court they are present a serious danger to themselves or others and they struggle with drug dependence or addiction.

Massachusetts Drug Offense Statistics

In Massachusetts, drug-related offenses — under the umbrella of crimes against society — were the fourth most common offense in 2021 according to the state’s Executive Office of Public Safety and Security. In 2021 there were 10,057 drug-related arrests, that included:

• Possession/concealing: 7235 arrests.
• Distribution/selling: 2780 arrests.
• Buying/receiving: 551 arrests.
• Using/consuming: 407 arrests.
• Transporting: 248 arrests.
• Cultivating/manufacturing: 51 arrests.

The type of substance included in the arrest varied. In 2021 drug possession charges at the time of arrest included:

• Narcotics (e.g., opium, heroin, cocaine): 8280 arrests.
• Marijuana/hashish: 1120 arrests.
• Stimulants: 682 arrests.
• Hallucinogens: 283 arrests.
• Depressants (e.g. barbiturates): 257 arrests.
• Unknown drug type: 235 arrests.
• Other stimulants: 109 arrests.
• “Other drugs”: 1333 arrests.

Massachusetts Drug Possession, Sale, and Trafficking Laws

Depending on the type of substance involved, Massachusetts drug laws can vary, as do the penalties for possession, use, and distribution.

Class A Controlled Substances

In Massachusetts, Class A drug laws refer to the most serious category of controlled substances and have a high potential for misuse and addiction. These include substances such as heroin, fentanyl and its derivatives, morphine, and GHB.

Penalties for Class A drug violations include:

Possession: up to 2 years in jail and/or a $2,000 fine.

• Subsequent possession: 2.5-5 years in jail and/or a $5,000 fine
• More than 14 grams is considered trafficking.

Sale: 2-10 years and/or a fine of $1,000-$10,000.

• Subsequent possession: 5-15 years in jail and/or a fine of $2,500-$25,000.
• Third possession: at least 40 years.
• Sale to minors and on or near school zones or grounds equals harsher penalties.

Trafficking:

• 14-28 grams: 5-20 years in prison and/or a fine of $5,000-$50,000.
• 28-100 grams: 7-20 years in prison and/or a fine of $5,000-$50,000.
• 100-200 grams: 10-20 years in prison and/or a fine of $10,000-$100,000.
• Over 200 grams: 15-20 years in prison.
• 10 grams or more of fentanyl: up to 20 years in prison.

Class B Controlled Substances

The commonwealth considered Class B substances to be a category of drug that have a lower potential for misuse and addiction than Class A, but still carry signifiant risk of harm. Class B substances include drugs such as: cocaine, crack, LSD, ecstasy (MDMA), OxyContin, and methamphetamine.

Penalties for Class B drug violations include:

Possession: 1 year in jail and/or a fine of up to $1,000.

• Subsequent possession: 2 years in jail and/or a fine of up to $2,000.
• Over 14 grams is considered trafficking.

Sale: 2-10 years in jail and/or a fine of $1,000-$10,000.

• Subsequent possession: 5-15 years in jail and/or a fine of $2,500-$25,000.

Trafficking

• 14-28 grams: 3-15 years in prison and/or a fine of $2,500-$25,000.
• 28-100 grams: 5- 20 years in prison and/or a fine of $5,000-$50,000.
• 100-200 grams: 10-20 years in prison and/or a fine of $10,000-$100,000.
• Over 200 grams: 15-20 years in prison and/or a fine of $50,000-$500,000.

Class C Controlled Substances

Class C drug laws refer to a category of controlled substances that have a lower potential for misuse addiction than either Class A or B drugs, but are still considered dangers and harmful. These include substances such as benzodiazepines, including Xanax and Valium, ketamine, and tramadol.

Penalties for Class C drug violations include:

• Possession: 1 year in jail and/or up to a $1,000 fine.
• Subsequent possession: up to 2 years in jail and a fine of up to $2,000.

Class D Controlled Substances

Class D controlled substances refer to a category of drugs that are considered to have a lower potential for misuse and addiction compared to Class A, B, and C drugs.  Class D drugs include substances such as more than one ounce of marijuana, inhalants, and barbiturates.

Penalties for Class D drug violations include:

• Possession: up to 6 months in jail and/or a fine of $500 and a mandatory 1-year lost license.
• First offense could be eligible for probation and sealed records upon completion of a court-mandated program.

Class E Controlled Substances

In Massachusetts, Class E drug laws refer to a category of controlled substances that are considered to have the lowest potential for misuse and addiction. Prescription drugs that are no classified under A, B, or C, such as certain sedatives, tranquilizers, and stimulants, are considered Class E drugs.

Penalties for Class E drug violations include:

• Possession: up to 6 months in jail and/or a fine of $500 and a mandatory 1-year lost license.
• First offense could be eligible for probation and sealed records upon completion of a court-mandated program.
• Marijuana Laws and Decriminalization
• Marijuana began being decriminalized on the state level in 2008 when penalties for possession of up to one ounce ceased being a criminal charge and instead resulted in civil penalties like fines, Boston.com publishes. In 2012, legislation took things one step further with the Medical Use of Marijuana Program, which legalized marijuana for medicinal purposes. Individuals could now apply for a special license or permit to obtain marijuana for medical use from one of 22 registered marijuana dispensaries (RMDs), Mass.gov reports.
• In 2016, marijuana was legalized for recreational use by adults aged 21 and older in Massachusetts. Adults of legal age can now possess up to one ounce of marijuana at a time in public, five grams of which can be in the form of marijuana concentrate, and up to 10 ounces in their private residences.
• Residents can also gift up to one ounce of the drug to another resident who is of legal age in Massachusetts; however, it is still illegal to buy and sell marijuana.
• Residents can grow marijuana in their homes in a secure or locked location that is not visible to the public eye.
• Residents of Massachusetts can grow up to six plants per person, not to exceed 12 plants in a household.

The post Drug Laws in Massachusetts appeared first on Order Cocaine Online.

In Illinois, an arrest for cocaine dealing can lead to devastating consequences for a suspect. If you’re convicted on a charge of selling, delivering, manufacturing, trafficking, or possessing cocaine with the intent to deliver:

• You could be sentenced to decades in a state penitentiary
• You could be ordered to pay up to half a million dollars in fines
• You’ll end up with a permanent felony record that may prevent you from getting a job
• You may lose your professional license if you’re a doctor, lawyer, pharmacist, nurse, teacher, or other licensed professional
• You may lose your immigration visa or green card, be denied citizenship, or be deported
• You may lose custody of your children or your visitation rights, especially if you engaged in cocaine trafficking activity in their presence
• You may lose your right to vote and to possess firearms for a felony conviction

Cocaine charges can be complex and involve high stakes for a defendant. You may effectively receive a life sentence at the top of the sentencing range for this offense. But even a sentence at the lower end of the range can be lengthy and life-changing. People convicted of felonies — especially drug crimes — nearly always experience a societal stigma after serving their sentence that makes it exceptionally hard to rebuild your life once you’ve done your time.

If you’ve been charged with the sale, delivery, manufacturing, trafficking, or possession of cocaine with intent to distribute the drug, you’re likely feeling tremendous stress and uncertainty about your future, your freedom, and perhaps the fate of your family if you go to prison.

However, your situation may not be as bleak as it seems. You may have options for defending your charge with the help of the right Illinois drug defense lawyer who will fight to protect your rights and your future. A skilled lawyer can listen to your story, explain your legal options, and work to get your charge dismissed or reduced.

Defining Cocaine Offenses

Nearly all drug-related charges are serious, but the sale, manufacturing, or possession of cocaine with intent to sell is an especially weighty charge that brings with it harsh punishments in Illinois. Under Illinois statute 720 ILCS 570/401, cocaine trafficking is broken out into a few different actions that can result in felony charges. Those include:

• Delivery — It is illegal to knowingly sell or distribute cocaine and other controlled substances in Illinois. You can be charged with delivery any time you transfer ownership of cocaine, including for money such as in a sale, or by giving it to someone without receiving anything of value in return.
• Manufacturing — This refers to the creation or manufacturing of controlled substances, including cocaine.
• Trafficking — This involves knowingly transporting cocaine into Illinois from another state, or causing it to be transported into Illinois, with the intent of manufacturing or delivering the drug.
• Possession with intent — This means that someone has cocaine in their possession and is planning to sell or distribute the substance, but they generally haven’t followed through yet.

A prosecutor, in order to prove that someone wanted to sell, manufacture, traffic, or possess cocaine with intent, must generally introduce circumstantial evidence — in addition to the drugs themselves — in order to build a case.

This may include items commonly associated with each of the acts, including baggies, scales, and drug paraphernalia. They must also establish an intent to sell or distribute the drugs, even if no actual sale or transfer took place.

Penalties for an Illinois Cocaine Conviction

The sale, delivery, manufacturing, or possession with the intent to distribute cocaine is a felony with harsh penalties in Illinois. Penalties for a conviction are increasingly severe based on the amount of cocaine involved:

• 10 to 15 grams — You may be sentenced to 4 to 15 years in prison and ordered to pay a fine of up to $250,000
• 15 to 100 grams — You may be sentenced to 6 to 30 years in prison and ordered to pay a fine of up to $500,000
• 100 to 400 grams — You may be sentenced to 9 to 40 years in prison and ordered to pay a fine of up to $500,000 or the street value of the drugs
• 400 to 900 grams — You may be sentenced to 12 to 50 years in prison and ordered to pay a fine of up to $500,000 or the street value of the drugs
• More than 900 grams — You may be sentenced to 15 to 60 years in prison and ordered to pay a fine of up to $500,000 or the street value of the drugs

You may be sentenced to a longer prison term if your offense involved the use of a firearm.

• Use of a firearm — Adds 15 years
• Discharge of a firearm — Adds 20 years
• Discharge of a firearm causing injury or death — Adds 25 years to life

If you are found guilty of trafficking cocaine, you can receive penalties of at least double the minimum prison sentence for sale, delivery, or possession with intent based on the amount of cocaine involved under 720 ILCS 570/401.1. For example, if you are found guilty of trafficking more than 900 grams of cocaine, you could be sentenced to at least 30 years in prison.

Defending Your Cocaine Charges

Charges of selling, delivering, manufacturing, trafficking, or possessing cocaine with the intent to distribute often arise from complex investigations that may include the arrests of numerous individuals based on evidence obtained through wiretaps, surveillance, searches and seizures. Additionally, drug trafficking cases often involve the use of confidential informants.

These investigation methods often are fraught with problems. A search may be conducted without a proper search warrant or without probable cause, or police may have used a wiretap or GPS surveillance of a vehicle without the appropriate court oversight. When investigations don’t follow rigorous procedures, your constitutional rights may have been violated and any evidence obtained through illegal methods may be excluded from court.

An Illinois criminal defense attorney with experience handling serious cocaine offenses will know to scrutinize every aspect of the investigation and evidence being used against you to look for flaws in the process, such as the use of illegal searches. This is probably the most common way that a defense attorney might attack a cocaine prosecution, although it’s far from the only defense strategy.

Each case is unique and the defense strategy that an Illinois drug defense lawyer uses on your behalf will depend on the facts and evidence in your case. However, some common approaches may include:

• Procedural errors: A great defense attorney will comb through the details of your case to see if charges arose from a flawed investigation, a confidential informant shared incorrect information, or if officials were within their legal rights to conduct an investigation.
• Legal rights: Evidence can be suppressed or dismissed if officials violated basic legal rights afforded to the accused while seizing the drugs or investigating the case.
• Circumstances: Prosecutors rely on considerable amounts of circumstantial evidence in trying to prove this charge. A skilled defense lawyer will challenge any and all erroneous assumptions or leaps of logic in defending your case.

How Chicago Drug Defense Lawyer Michael O’Meara Can Help

Chicago criminal defense lawyer Michael O’Meara has a proven track record of helping people accused of drug crimes to achieve desirable results. O’Meara has more than two decades of legal experience that includes both prosecuting and defending drug charges, which gives him an unparalleled understanding of all facets of a criminal case.

O’Meara knows how prosecutors think because he was one. Having worked on countless criminal prosecutions provides invaluable insight into how a prosecutor will construct the case against you — and how O’Meara can counter with a strong defense strategy. He believes passionately in obtaining justice and the best possible result for each person he represents.

If you want an experienced and aggressive lawyer to defend your cocaine trafficking charge, contact O’Meara Law LLC at 267-820-9095 to schedule a free consultation and to learn what he can do for you.

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Cocaine is a strong stimulant drug that is illegal and criminalized in all 50 states. Possession of cocaine and cocaine trafficking are serious felony DRUG OFFENSES that can lead to thousands of dollars in fines and years in prison. If you have been charged with a cocaine-related crime, it is important to seek legal counsel and representation as quickly as possible.

Cocaine possession and trafficking charges can disrupt your job, your family, and your entire life. Here at Steven S. Nolder Law Firm, we have decades of experience working with individuals of all walks of life on their cocaine-related charges. Our attorneys will fight for your rights and give you the resources you need to stay strong and informed throughout the entire legal process.

Read on and learn more about Ohio cocaine laws below, and contact our firm at 267-820-9095 today!

Cocaine Possession

Cocaine possession is a felony in the state of Ohio under the OHIO REV. CODE 2925.11(C)(4). If you are charged with cocaine possession, a prosecutor must prove, beyond the reasonable doubt, all of the three following facts:

• You possessed cocaine on your person, property, or elsewhere;
• You knew that the substance in your possession was cocaine; and
• You intended to possess cocaine

As suggested above, “possession” of cocaine can be defined in multiple ways. There is clear-cut actual possession, where cocaine is found on your person. There is also constructive possession, where cocaine is found on your property, or even in the hands of another individual that you entrusted to hold it. Penalties for cocaine possession are determined by the amount of cocaine in question and are outlined below.

• Less than 5 grams: 5th degree felony punishable by 6-12 months in prison (in favor of community control)
• 5-10 grams: 4th degree felony punishable by 6-18 months in prison (in favor of community control)
• 10-20 grams: 3rd degree felony punishable by 9 months – 3 years in (in favor of community control)
• 20-27 grams: 2nd degree felony punishable by 2-8 years (mandatory) in prison
• 28-99 grams: 1st degree felony punishable by 3-11 years (mandatory) in prison
• 100 grams or more: Major drug offense (MDO), punishable by 11 years in prison (mandatory)

Cocaine Trafficking

The state of Ohio defines drug trafficking as selling, offering, or packaging for delivery a “controlled substance,” as stipulated by the Ohio Revised Code. “Controlled substances” are classified under five schedules, with I being the most severe and V being the least severe. Trafficking cocaine is typically a Level I felony, though the severity of the charges decreases if less substance is found.

A brief breakdown of cocaine trafficking penalties is outlined below.

• <5 grams: 5th degree felony, 6-12 months in prison (in favor of community control)
• 5 – <10 grams: 4th degree felony, 6-18 months in prison (in favor of community control)
• 10 – <20 grams: 3rd degree felony, 9 months – 3 years in prison (in favor of community control)
• 20 – <27 grams: 2nd degree felony, prison time mandatory, 2-8 years in prison
• 27 – <100 grams: 1st degree felony, prison time mandatory, 3-10 years in prison
• ≥100 grams: 1st degree felony, major drug offense (MDO), 11 years in prison

Federal Prosecutions

If you’re charged with: conspiracy to either possess with intent to distribute or conspiracy to distribute cocaine; possession with intent to distribute cocaine; or distribution of cocaine, the amount of cocaine alleged in the indictment will drive the statutory penalties you face. If the grand jury alleges either no quantity or less than 500 grams, the statutory penalty is 0—20 years imprisonment. If the grand jury alleges 500 grams or more, then the statutory penalty is 5—40 years imprisonment. Finally, if the grand jury alleges the quantity was more than 5000 grams, the statutory penalty is 10—life imprisonment.

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In this article, our California criminal defense attorneys summarize the state cocaine laws including potential penalties and legal defenses:

• 1. Possessing cocaine (11350 HS)
• 2. Possessing cocaine for sale (11351 HS)
• 3. Transporting or selling cocaine (11352 HS)
• 4. Being under the influence of cocaine (11550 HS)
• 5. Driving under the influence of cocaine (23152f VC)
• 6. How to fight criminal charges
• Additional resources

1. Possessing cocaine (11350 HS)

Health and Safety Code 11350 HS prohibits possessing drugs for personal use in California, called “simple possession.” To prove you are in possession of cocaine, the D.A. would need to show that either:

• you are knowingly holding the cocaine or carrying it on your person (“actual possession”); or
• you knowingly have control over the cocaine, such as keeping it in your house (“constructive possession”); or
• you and at least one other person share control of the cocaine (“joint possession”).

Most cocaine possession charges are misdemeanors carrying up to 1 year in jail and/or $1,000 in fines. Though you may be able to avoid jail and get the charge dismissed if you complete one of California’s drug diversion programs:

• Proposition 36,
• Penal Code 1000 PC, or
• California drug courts.

Note that simple possession of cocaine is prosecuted as a felony if you were previously convicted of certain serious offenses such as murder, gross vehicular manslaughter while intoxicated, or any sex crime that required you to register as a sex offender. Felony penalties for cocaine possession include up to $10,000 in fines and a jail sentence of:

• 16 months,
• 2 years, or
• 3 years.¹

See our related article, possessing a controlled substance while armed (HS 11370.1).

As a Schedule II drug, cocaine’s medical use is severely restricted. Cocaine base, as a Schedule I drug, has no currently accepted medical use.

2. Possessing cocaine for sale (11351 HS)

Health and Safety Code 11351 HS prohibits possessing drugs in California with the intent to sell them.² To prove that you were planning to sell the cocaine rather than consume it personally, prosecutors will present such evidence as:

• you had large amounts of drugs divided into separate “ready to sell” bags or containers;
• you had a gun for protection during drug deals;
• you had large amounts of cash you earned from prior drug sales; and/or
• you were found in a location where drug sales typically take place.

Possession of cocaine for sale is a felony carrying two, three, or four years in California State Prison plus up to $20,000. Though if it was cocaine base, then the penalty for possession with intent to sell is three, four, or five years in prison plus up to $20,000.³

Note that if the amount of cocaine or cocaine base exceeds one kilogram, you face an additional three to 25 years in prison and up to $8 million in fines.⁴

3. Transporting or selling cocaine (11352 HS)

Health and Safety Code 11352 HS prohibits transporting or selling drugs in California (commonly called “trafficking”). For you to be convicted, the D.A. would have to prove that you either:

• transported cocaine,
• sold cocaine,
• imported cocaine into California,
• furnished cocaine,
• administered cocaine,
• gave away cocaine, or
• offered to do any of the above.

The felony penalties for trafficking cocaine are three, four, or five years in California State Prison. If the cocaine was transported across more than two county lines with the intent to sell the cocaine at the destination, the penalty becomes three, six, or nine years in prison.⁵

Note that if the cocaine or cocaine base amounted to more than one kilogram, the court will impose an additional three to 25 years in prison and up to $8 million in fines.⁶

4. Being under the influence of cocaine (11550 HS)

Health and Safety Code 11550 HS prohibits being under the influence of drugs in California, even if there are no drugs in the vicinity when police find you.⁷ To prove that you are “under the influence” of cocaine, the D.A has to show that:

• your physical or mental abilities are impaired “in any detectable manner”; and
• the reason for this impairment is drugs.⁸

Being under the influence of cocaine is a misdemeanor carrying up to one year in jail, though you may be able to avoid jail and a conviction by completing a diversion program instead.⁹

5. Driving under the influence of cocaine (23152f VC)

Vehicle Code 23152(f) VC prohibits driving a motor vehicle in California while under the influence of drugs.¹⁰ For you to be convicted of driving while high on cocaine, the D.A. has to show that the cocaine has:

“so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties.”¹¹

Most charges for driving under the influence of drugs (DUID) are misdemeanors and punished the same as driving under the influence of alcohol (DUI). First-time convictions carry up to six months in jail, up to $1,000 in fines, a driver’s license suspension, and DUI school.¹²

Depending on its form, cocaine can be snorted (inhaled), injected or smoked.

6. How to fight criminal charges

Here at Shouse Law Group, we have represented literally thousands of people charged with cocaine crimes. In our experience, the following six defenses have proven very effective with prosecutors, judges, and juries in California:

1) The police found the cocaine through an illegal search and seizure

If we can show law enforcement violated your Fourth Amendment rights during its search of your property – such as by failing to get a search warrant when one was necessary – the court may suppress the cocaine as evidence. This may then leave the D.A. with too weak a case to prosecute.¹³

2) The police entrapped you

If an undercover officer unduly pressured you to buy or sell cocaine when you were not predisposed to do so, then the court should dismiss the case because police are not allowed to coerce (“entrap“) you into criminal activity. As long as you would not have broken the law but for the police placing you under duress, then no crime occurred.

3) You did not know the cocaine was there

Perhaps someone planted the cocaine on you, or perhaps someone left it in your car without your knowledge. Unless the D.A. can prove beyond a reasonable doubt you knew the cocaine was there, then you violated no cocaine laws, and criminal charges should not stand.

4) You were not impaired

If you are facing charges for DUID or being under the influence of cocaine, we can argue that your allegedly “high” behavior was due to a medical or psychiatric issue unrelated to any drugs. It is not uncommon for police to mistake common medical episodes such as seizures or diabetic comas as signs of intoxication.

5) You were falsely accused

Maybe the accuser was angry at you and levied false allegations out of revenge. If we can show that the accuser had a motivation to lie, the D.A. may agree to drop the case (and then charge the accuser for making a false police report).

6) You had no intent to sell the cocaine

It may be possible to persuade the D.A. to reduce a possession for sale charge to simple possession by showing there is insufficient evidence that you intended to sell the drugs. For example if you carried a gun, we can argue that it had nothing to do with making drug deals, and you were simply exercising your Second Amendment rights and otherwise following all applicable firearm laws.

Typical evidence we rely on includes any available surveillance video, eyewitness accounts, and/or medical records. We may also use expert witnesses to call into question whether the substances the police found were indeed illegal drugs and whether the police in their handling of them broke protocol or violated cocaine laws.

The post California Cocaine Laws – Possession, Use, Sale, Trafficking appeared first on Order Cocaine Online.

If you or someone you care about has recently been arrested for possession of cocaine in Atlanta, Georgia , you should immediately consult an experienced criminal defense attorney. Thomas C. Nagel, recognized in Georgia’s Top Rated Lawyers 2012 Edition, has helped thousands of people over the last 25 years navigate their way through the criminal court system.

You will have many questions about your case. I can answer those questions for you and explain in simple terms exactly what you can expect in court. We will explain all your legal options. We help prepare you for court putting you in the best position possible when you face the judge.Penalties for Possession of Cocaine in Georgia (O.C.G.A. 16-13-30)

Cocaine is considered a a schedule II drug in the state of Georgia. A schedule II drug is one that has a high potential for abuse. However, it does have a currently accepted medical use although it is severely restricted. Its abuse may lead to severe physchological or physical dependance. Possession or purchase of cocaine is a FELONY punishable by imprisonment for not less than two (2) nor more than fifteen (15) years for a first offense. Subsequent convictions are punishable for not less than five (5) years nor more than thirty (30) years.

Selling cocaine or possessing it with the intent to distribute it is punishable for not less than five (5) years nor more than thirty (30) years for a first offense and ten (10) to fourty (40) years or life imprisonment for subsequent offenses.Penalties for Trafficking in Cocaine in Georgia (O.C.G.A. 16-13-31)

In general, possession of 28 grams or more of cocaine in the State of Georgia is considered trafficking in cocaine. Penalties for possessing 28 to 199 grams of cocaine is punishable by improsoinment for a mandatory minimum of ten (10) years and a $200,000.00 fine. possession of 200 to 399 grams is punishable by improsonment for a mandatory minimum of fifteen (15) years and a $300,000.00 fine. Possession of 400 or more grams is punishable by improsonment for a mandatory minimum of twenty-five (25) years and a $1,000,000.00 fine. There are acceptions in the law depending on the purity of the drug.

There are many issues that must be investigated in a drug possession case. Did the officer have probale cause to stop your vehicle? Was the search and/or seizure by the police legal? Was your arrest legal? Did the officer properly advise you of your rights? In many cases, we have successfully argued that our clients rightd were violated leading to reduced charges or acquital of charges.

For over 25 years, I have helped people in thousands of Misdemeanor, Felony and Drug related cases in the Metro Atlanta area courts. I am licensed to practice law in the Georgia Supreme Court, the Court of Appeals, the U.S. District Court 11th Circuit and all other courts in the State of Georgia.

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Should I be charged with a Felony or Misdemeanor for Cocaine Possession? 

Whether or not you are charged with a felony or misdemeanor for the possession of cocaine is based upon whether or not the government can prove that you delivered cocaine, or had possessed cocaine for the purpose of giving or selling it to others. 

A person who possesses a relatively small quantity of crack cocaine or powder cocaine is typically charged with a misdemeanor offense. For example, a person with a small baggie of cocaine and a straw is more likely to face a misdemeanor possession offense than a felony. 

Alternatively, if police believe you possessed cocaine with the intent to sell or deliver it, you will be charged with felony Possession With Intent to Deliver. For example, someone found in possession of several grams of cocaine in multiple bags, with digital scales and large quantities of cash, will almost definitely be charged with a felony. 

What are the penalties for Misdemeanor Cocaine Possession in PA?

For a first conviction for misdemeanor cocaine possession, you are facing up to 1 year in jail and a $5,000 fine. For a 2nd conviction, you’re facing up to 3 years in jail and a $25,000 fine. There are no more license suspensions for those convicted of drug possession occurring on or after April 23, 2019.  

What are the penalties for Felony Cocaine Possession? 

The range of maximum penalties you’re facing on felony possession offenses depends on the quantity of cocaine recovered. The possible maximum sentence is up to 15 years in jail and a $250,000 fine, dependent upon the amount of cocaine recovered. There are no more license suspensions for those convicted of felony cocaine possession occurring on or after April 23, 2019.

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Depending on the situation and the substances involved, possessing, selling, manufacturing, or transporting drugs (even legal ones) can lead to serious legal consequences, the effects of which may last a lifetime.²

Legal Consequences of Drugs

People caught engaging in illegal behaviors involving drugs face a variety of consequences, including:^2,3

• Time in jail or federal prison.
• Heavy fines.
• Community service.
• Probation.
• Other forms of confinement like house arrest.
• A criminal record—affects your ability to get or maintain a job, receive approval for college loans, vote, own a gun, or join the military.

Jails and prisons are filled with people charged with crimes related to drugs. In 2012, judges sentenced nearly 95,000 people to prison for drug charges.⁴ As a comparison, the category with the next highest sentencing rate was weapons charges, with about 28,000 offenders.

What Are the Penalties for Drug Abuse and Possession in the United States Based On?

Penalties for drug-related charges are determined by several factors: the substance, the amount of the substance in question, the activity the person was engaged in, and any prior encounters with law enforcement.^5,6 Those repeatedly committing serious crimes with large amounts of dangerous drugs are more likely to receive harsher penalties.

Drug Enforcement Schedules

With regard to law enforcement, not all drugs are treated equally. Both legal and illicit substances are separated into categories based on their perceived risks and medical benefits (or lack thereof). These categories developed by the Drug Enforcement Administration (DEA)—called schedules—play a significant role in dictating legal penalties on the federal level. Individual states may treat these drugs differently. See below for schedules and examples of drugs in those schedules.^5-7

Schedule I: Substances with a strong potential for abuse and no medically recognized purpose.

• Heroin.
• LSD.
• Marijuana.
• Peyote.
• MDMA/ecstasy.

Schedule II: Drugs that have approved medical uses but still have a strong potential for abuse and dependence.

• Cocaine.
• Many opioid pain medications like Vicodin, OxyContin, and methadone.
• Methamphetamine.
• Prescription stimulant medications like Adderall and Ritalin.

Schedule III: Medications and substances with a slightly lower risk of abuse and dependence than drugs in Schedule II.

• Tylenol with codeine.
• Ketamine.
• Steroids.

Schedule IV: Medications with a slightly lower risk of abuse and dependence.

• Soma.
• Many benzodiazepines like Xanax and Ativan.
• Tramadol.

Schedule V: Drugs with the lowest risk.

• Lyrica.
• Cough medications containing low codeine levels.

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Georgia laws punish drug crimes heavily, especially cocaine. Possession, sale, manufacturing, and trafficking cocaine are all crimes in Georgia, and each has their specific penalties. It is important to have a Lawyer who knows the differences between each offense and how to successfully defend against them. The Office of Lawson and Berry and their team of Georgia Sale of Cocaine Lawyers are here to help you defend against any cocaine charge that you have. Lawson and Berry bring decades of experience to your case. Your best defense begins here. A charge is not the same as a conviction so call our office today to schedule a free consultation.

Georgia Law on Selling Cocaine

Cocaine is part of the Schedule II drug/controlled substances in Georgia, which also include methamphetamine, crack cocaine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(b) states it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. However if found with greater than twenty-eight grams of cocaine, the crime will be elevated to trafficking cocaine.

Georgia Case Law 

In the case of Culpepper v. State, the accused was found guilty of selling cocaine in violation of O.C.G.A. §16-13-30(b). 302 Ga. App. 370, (2010). Troup County Sheriff’s Office hired an informant to purchase cocaine from the suspect. The informant found out that the suspect wanted to sell him crack cocaine, and they made arrangements for him to buy the drugs. The informant wore a button camera and met the suspect at his house and completed the exchange. During the trial, the defendant argued that the video never mentioned cocaine or showed an actual exchange between the informant and the suspect. However, the Court found that the rest of the testimony was sufficient evidence to prove that the suspect did intend to sell cocaine.

Penalty for Selling Cocaine in Georgia

The penalty for being charged with selling less than twenty-eight grams of cocaine is a prison term of five to thirty years. O.C.G.A. §16-13-30(j)(2). The crime is also classified as a felony. Upon a second or subsequent conviction, the penalty would be a prison term of ten to forty years or there is also a possibility a judge would order life in prison. Anything over twenty-eight grams is considered the crime of trafficking cocaine.

Selling cocaine within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. In any of those situations, the penalty will be a felony punishable by up to twenty years in prison and/or a fine up to $20,000 for the first offense. For a second or subsequent offense, the penalty increases to a minimum of five years in prison but no more than forty years and/or a fine up to $40,000.

There are several options your Georgia Selling Cocaine Lawyer can use on your behalf. Many courts offer the option of Drug Court. Under this program, participants go through mandatory treatment, frequent drug testing, and other program requirements. All though the program is strict, successful completion will result in the dismissal of the felony drug charge.

One factor that may increase a prison sentence is whether a minor was involved. If a person under the age of 21 years participates in the sale of cocaine, then the crime is automatically elevated to a felony and will be punished by a prison term of five to twenty years and/or a fine up to $20,000. O.C.G.A. §16-13-30(k).

All drug possession cases will result in a mandatory suspension of your driver’s license. If this is the first offense, then the suspension will last for a minimum of six months. If this is the second offense, the penalty is one-year suspension and a third or subsequent offense results in a minimum two-year suspension.

Defenses to Selling Cocaine in Georgia

Illegal means: If the methods used to suppress the cocaine were unconstitutional, then any evidence obtained will not be allowed in Court.

The police used an illegal stop: One defense available to you that your Sale of Cocaine Lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the cocaine. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that occurs, your case will be dismissed based on a lack of evidence.

Innocence: Witness testimony or an alibi can be used to help prove your innocence. Any evidence like that can assist in proving your innocence so contact one of our Georgia Sale of Cocaine Lawyers today to help with your case.

The amount was incorrect: If you can demonstrate that the amount seized was less than the amount you are charged with, then you would be eligible to have the charged reduced or receive a lesser sentence. Mistakes happen, and the amount of cocaine found could have a direct impact on the penalty you will receive.

The amount was not enough to sell: Courts have found that if the amount seized was a small amount; then that could lead to the presumption that the cocaine was not going to be used for distribution but instead; for personal use. While there is no set standard for what sum amounts to distribution, the Court decides on a case-by-case basis, and our Sale of Cocaine Attorneys in Georgia could use this defense to try and show that you were not attempting to sell cocaine.

What are not Defenses

The drugs did not belong to me: Even if the drugs belonged to someone else, you would still be guilty of selling cocaine if you were the one who completed the exchange.

Concerning with intent to distribute on school grounds, whether or not the school was in session will not be a defense. Also, even if the school property was being used for an event that was not school related at the time, it is still not a defense. Lastly, a crime was still committed even if the offense took place on a school vehicle and not at the school. Therefore, none of those defenses would be sufficient.

Contact Us

Georgia Sale of Cocaine Lawyers will help you understand your options and will assist you with your case. To schedule a free consultation with one of our Selling Cocaine Lawyers in Georgia, contact the Office of Lawson and Berry. Our Attorneys are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. Your Georgia Sale of Cocaine Attorney will make sure you understand all your options and the good and bad of each. Every sale of cocaine case is unique, and our Attorneys will work with you to formulate the best possible defense for your situation. They will advise you on the best approach to take for your case based on their many years of experience. Your future and ability to drive are at stake; do not sit around waiting for your case to resolve itself.

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Retail markets for cocaine hydrochloride powders

New indicator suggests cocaine is now more affordable

Affordability of drugs is a measure that incorporates drug purity and accounts for differing national economic conditions as quantified in the price level indices (PLI) (for fuller details and limitations, see Groshkovaet al., 2018). In other words, affordability reflects what 1 gram of a pure, ‘uncut’ drug costs to buyers in the context of their national standard of living. Affordability allows a more sophisticated comparison of retail drug markets across countries and over time. Based on EMCDDA retail price and purity data for 16 European countries reporting sufficient information, and which together make up approximately 60 % of the total EU population, 1 gram of cocaine became on average 38 % more affordable between 2015 and 2020 (see Figure Changes in average affordability of cocaine in a group of 16 EU Member States).Changes in average affordability of cocaine in a group of 16 EU Member States, 2015-2020EUR/gAverage affordability (EUR/g)201520162017201820192020050100150200250300EMCDDA (data) | Highcharts (chart tool)

Source: The source data for this graphic is available in the source table on this page.

This finding is in line with trends noted in other indicators of retail markets such as retail prices and purity, estimated prevalence of drug use, wastewater analysis and numbers of cocaine seizures, which all suggest a further increase in cocaine availability since the last edition of this report (EMCDDA and Europol, 2019). It should also be noted that cocaine affordability in Europe does not appear to have been impacted by the COVID-19 pandemic and associated measures restricting movement in Europe, as it remained stable or slightly increased in 2020 (see Figure Changes in average affordability of cocaine in a group of 16 EU Member States).

Price remains stable while purity increases

The purity of cocaine at the retail level has been increasing in Europe since 2010, and in 2019 it reached its highest level in the last decade, although adulteration continues to take place (see Box Recent trends in cocaine adulteration). Overall, the retail price of the drug remained stable between 2010 and 2020. This appears to confirm the trend, identified in the previous edition of this report, that more cocaine is now available on European retail markets than before (EMCDDA and Europol, 2019). The COVID-19 pandemic does not seem to have impacted retail prices or the increase in purity recorded since 2010 in significant ways, even if a slight increase in price and a stabilisation of purity can be observed in 2020 (see Figure Indexed trends in cocaine retail price and purity).Indexed trends in cocaine retail price and purity, 2010-2020Index (base = 100)PricePurityPricePurity201020112012201320142015201620172018201920200100255075125150EMCDDA (data) | Highcharts (chart tool)

Source: The source data for this graphic is available in the source table on this page.

This is likely due to an increase in the availability of high-purity cocaine at the wholesale level (see Box Profiling European cocaine) and to competition between the numerous criminal networks involved at the various levels of the cocaine market (see Cocaine: increasingly attractive for a wider range of criminal networks). The increasing production of cocaine hydrochloride in Europe may also have played a role (see Section Manufacturing cocaine: new developments highlight larger European role in global production).

Recent trends in cocaine adulteration

Cutting drugs with cheaper materials (also known as dilution and adulteration, see Figure The cocaine production process and the different cocaine products) is usually done to increase profits along the distribution chain, but this may also enhance or modify the effects of the drug and affect the health of users (EMCDDA and Europol, 2019).

Information on the dilution and adulteration of cocaine is not routinely gathered in Europe. However, based on complementary information reported to the EMCDDA and information available from other sources, some analysis of recent trends regarding pharmacologically active adulterants in cocaine products in Europe can be performed.

The most common adulterants found in cocaine products over the last 10 to 15 years in Europe and at the global level have been levamisole and the other phenyltetrahydroimidazothiazole (PTHIT) substances dexamisole and tetramisole, three veterinary antiparasitic drugs harmful to humans, and phenacetin, an analgesic. However, other substances, such as caffeine, lidocaine, diltiazem, and hydroxyzine have also been frequently encountered, sometimes in higher concentrations than levamisole or phenacetin (UNODC, 2021e).

In the mid-2010s, levamisole was encountered in the vast majority of the cocaine products available in the United States and Europe. In 2015, levamisole was found in 93 % of hundreds of cocaine hydrochloride 1-kilogram bricks seized in the United States and analysed by the DEA (2016). This confirmed that the substance was added by most manufacturers of cocaine hydrochloride in source countries, especially Colombia (EMCDDA and Europol, 2019; INCB, 2017, 2018). In Europe, levamisole was also found in a majority of cocaine products available on retail markets during the same period. For example, analysis of more than 1 300 consumer samples submitted for drug checking in the Netherlands in 2015 showed that about 70 % contained levamisole (Trimbos Instituut, 2016).

In the early 2020s, the picture has changed. At the wholesale level, only 22 % of the 1-kilogram cocaine bricks seized in the United States and tested by the DEA contained levamisole or another PTHIT substance, suggesting that much less adulteration of cocaine hydrochloride is occurring in source countries (DEA, 2020). Similarly, but to a lesser extent, in 2020 the Dutch Trimbos Instituut reported that a little more than 40 % of the retail-level cocaine samples it tested were adulterated, most frequently with levamisole (Trimbos Instituut, 2021). The same year, drug checking services in 10 cities of other European countries reported to the EMCDDA that the adulterant most commonly detected in cocaine samples was levamisole followed by phenacetin, caffeine and lidocaine, but that nearly 40 % of tested samples were not adulterated at all. As such, the trend towards an overall decrease in adulteration of the cocaine sold to European consumers reported in the last edition of this report (EMCDDA and Europol, 2019) appears to have continued into the early 2020s.

However, although less adulteration seems to be occurring (particularly from source countries), levamisole and other PTHIT substances continue to be frequently used to cut cocaine products available at the retail level in Europe. Data on cocaine adulterants seized in Europe (data from the European Commission) shed some light on cocaine adulteration in Europe and indicate a sustained increase in seizures from very modest amounts in 2012 (2 kilograms) to record values in 2020 (over 2.3 tonnes). The vast majority of seizures reported in 2020 were made by the Netherlands (2.2 tonnes), consisting essentially of the PTHIT substance tetramisole (2 tonnes), and to a much smaller extent Spain (157 kilograms, essentially caffeine). Preliminary data for 2021 suggest that the record seizures of adulterants in 2020 will be surpassed (see Section Cocaine chemicals: Increasing seizures indicate cocaine production in Europe).

The available data could indicate that the cocaine available in Europe is increasingly adulterated in Europe itself, and to a much lesser extent in South American source countries, as was previously the case. In turn, this may be linked to the development of cocaine hydrochloride production in Europe discussed earlier in this report (see Section Manufacturing cocaine: new developments highlight larger European role in global production). Currently, this is speculative but does point to the need to improve the monitoring of cocaine adulteration in Europe in the future.

Signals of continued growth of cocaine consumer markets

In Europe, the retail market for cocaine has historically been concentrated in the western and southern parts of the continent. This is where most of the drug first enters the EU, and they are the most populated and wealthiest regions of Europe. Data on prevalence of cocaine use, expressed in estimated numbers of users during the last year, may be viewed as an indicator of the location and approximate size of retail markets, with the latest available data signalling that the largest retail markets continue to be located in western and southern Europe. Specifically, France, Germany, Italy, the Netherlands, and Spain, which together represent more than 61 % of the total EU population (Eurostat, 2020), account for about 77 % of Europe’s estimated 3.5 million last year cocaine users (in the age group 15-64) in 2021. Two Nordic countries, Denmark and Sweden, follow these countries, but report much lower estimated numbers of users. Meanwhile, the available data indicate that Poland may be the largest cocaine market in eastern Europe. However, due to a lack of recent general population survey data from some countries in this part of Europe, this may not be the case.

While western and southern Europe remain the main markets, signs such as cocaine consumption becoming more common in cities in eastern Europe suggest that the cocaine retail market is also developing in other regions (EMCDDA, 2021). Recent trends based on data from 15 countries that have conducted surveys on last year cocaine use since 2019 indicate that levels of use are increasing in 8 countries, remaining stable in 5 and decreasing in 2 (EMCDDA, 2022a). While an overall decrease in cocaine use was visible in 2020, likely due to COVID-19 and the restrictions imposed on social gatherings and the nightlife scene, there are indications of recovery in 2021 and overall signals that the cocaine retail market continues to expand.

Wastewater information provides some details on the characteristics of European cocaine retail markets (see Overview of data and methods). Likely due to a temporary reduction in cocaine use during the initial lockdown period of the COVID-19 pandemic, data on cocaine residues (namely the benzoylecgonine cocaine metabolite) in municipal wastewater showed a decrease in the majority of cities in 2020 compared to 2019 (EMCDDA, 2021). However, in 2021 an increase in cocaine residues was observed in 32 out of 58 cities compared to 2020, with 12 reporting no change and 14 reporting a decrease (EMCDDA, 2022a). Furthermore, wastewater data from 12 European cities covering the period 2011-2021 show increasing longer-term trends. While this cannot be readily interpreted as an increase in the number of cocaine users, although this is a possible explanation, other factors could have caused this increase in metabolites. Higher concentrations of metabolites could mean that the same number of people used more cocaine, or they could reflect the increased purity of cocaine found on European retail markets. A combination of these three causes could also be an explanation.

Treatment data can also provide some insight into the drug retail trade. Between 2014-2020, first-time entries to specialised drug treatment for cocaine problems increased in 14 countries (EDR 2022). Overall, new entries to treatment for problems associated with cocaine use have increased in Europe since 2015.

Trends in cocaine seizures: remaining at historical highs but impacted by COVID-19

Trends in numbers of drug seizures may be viewed as an indirect indicator of changes in a drug’s availability at the retail level, although they primarily reflect law enforcement activity and the factors affecting it (such as resource availability and allocation, and priorities), so caution is needed when interpreting such data. Most of the drug seizures reported in Europe are of small amounts of under 10 grams, likely confiscated on retail markets. In 2020, an estimated 84 % of the 56 000 cocaine seizures reported by the 17 EU Member States that provided a breakdown by market levels (wholesale, middle market, retail) were carried out at the retail level.Indexed trend in the number of cocaine seizures reported in the EU, Turkey and Norway, 2010-2020Index (base = 100)Total EU27Total EU27+2Total EU27Total EU27+220102011201220132014201520162017201820192020020406080100120140160EMCDDA (data) | Highcharts (chart tool)

Source: The source data for this graphic is available in the source table on this page.

Overall, the number of cocaine seizures recorded in the EU, Norway and Turkey appears to have been impacted strongly by the measures adopted against COVID-19. The 68 000 individual seizures reported in 2020 represent an estimated 32 % decrease compared to 2019 (see Figure Indexed trend in the number of cocaine seizures reported in the EU, Turkey and Norway). Out of the 26 countries with sufficient data, only Bulgaria and Greece, which report comparatively small numbers of cocaine seizures, did not report a decrease between 2019 and 2020.

This reduction in seizures is most probably due to the pandemic’s combined effects on levels and patterns of cocaine use and on the enforcement of drug laws at the consumer level. Indeed, as already mentioned, lockdowns across Europe impacted on levels of cocaine use, and it is also probable that less police time and resources were focused on enforcing drug laws at retail level in 2020, since many officers were mobilised in the enforcement of COVID-19 restrictions.

However, the impact of COVID-19 on European retail markets for cocaine in 2020 should not obscure the steady increase in the number of cocaine seizures observed between 2015 and 2019, a general trend which, put in the context of the other indicators reviewed in this report, may have only been temporarily interrupted by the effects of COVID-19. In this respect, it will be important to continue monitoring numbers of cocaine seizures in Europe in the future.

The country reporting the largest estimated number of cocaine seizures in 2020 (and in previous years) is Spain (35 240) followed by Italy (7 858), Belgium (5 354), and Sweden (4 204). However, it must be noted that 2020 data are not available for several countries usually reporting large numbers of seizures. The countries reporting the highest numbers of seizures also report some of the highest estimated numbers of cocaine users. It should be noted that the Netherlands, one of the top retail markets in terms of numbers of cocaine users, does not report numbers of drug seizures and as a result is not included in this analysis.

Trends in numbers of seizures (and other indicators) presented in the 2019 edition of the EU Drug Markets Report (EMCDDA and Europol, 2019) suggested that the largest cocaine retail markets of western and southern Europe continued growing, while other markets were emerging or expanding in eastern Europe and in the Nordic countries. New seizure data broadly confirm that these trends continued until the shock caused by COVID-19 in 2020.

East European countries generally report much lower numbers than the rest of Europe, reaching a few hundred cocaine seizures annually at the most. However, their numbers also increased overall by more than 200 % between 2010 and 2019 (130 % between 2010 and 2020), indicating retail market expansion (see Figure Indexed trends in numbers of cocaine seizures in 11 Eastern EU countries and Turkey). Bulgaria, Czechia, Estonia, Croatia, Latvia, Lithuania, Hungary, Romania, Slovenia and Slovakia all reported more cocaine seizures in 2019 and 2020 than in 2010. Seven countries (Estonia, Croatia, Latvia, Lithuania, Hungary, Romania and Slovakia) reported record numbers of cocaine seizures in 2019. Poland, mentioned earlier as potentially eastern Europe’s largest consumer market, reported only six seizures of cocaine in 2020. However, data from the police are not available, so this may not reflect the true level.Indexed trends in numbers of cocaine seizures in 11 Eastern EU countries and Turkey, 2010-2020Index (base = 100)Eastern EU countriesTurkeyEastern EU countriesTurkey20102011201220132014201520162017201820192020050100150200250300350EMCDDA (data) | Highcharts (chart tool)

Notes: ‘Eastern EU countries’ includes the following 11 countries: Bulgaria, Croatia, Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia, representing together 23 % of the EU’s population in 2019 (Eurostat, 2020). Source: The source data for this graphic is available in the source table on this page.

Furthermore, Turkey reported 3 018 cocaine seizures in 2019, seven times the number reported in 2009 and the seventh largest number of cocaine seizures in Europe that year. Although the number of Turkish seizures started declining after the 2017 peak of 3 829, it remains at significantly higher levels than in the mid-2010s, continuing to suggest that a sizeable cocaine retail market exists in Turkey (see Figure Indexed trends in numbers of cocaine seizures in 11 Eastern EU countries and Turkey).

Sweden is another example of potential retail market expansion, with the number of cocaine seizures increasing by a dramatic 481 % between 2010 and 2020 (or 515 % between 2010 and 2019) when it reported a record 4 450 cocaine seizures to the EMCDDA (see Figure Indexed trends in numbers of cocaine seizures in Denmark, Finland, Sweden and Norway). Similarly, Danish, Finnish and Norwegian seizures were more numerous in 2019 and 2020 than in 2010. Denmark and Finland, like Sweden, broke records in 2019, before the pandemic hit Europe.Indexed trends in numbers of cocaine seizures in Denmark, Finland, Sweden and Norway, 2010-2020Index (base = 100)DenmarkFinlandSwedenNorwayDenmarkFinlandSwedenNorway201020112012201320142015201620172018201920200100200300400500600700EMCDDA (data) | Highcharts (chart tool)

Source: The source data for this graphic is available in the source table on this page.

Retail markets for cocaine freebase products

Historically, small freebase cocaine markets have existed in a few western and southern European countries including Germany, Spain, France, Italy and the Netherlands. The available information indicates that use of freebase cocaine in eastern and northern Europe continues to be very limited.

Although there is little doubt that the European market for smokeable freebase products is much smaller than the market for hydrochloride powders, it is difficult to monitor and the data available at present are unlikely to reflect its true dimension. An estimate of the number of freebase cocaine users in mainland France indicates that it more than quadrupled between 2010 (10 000) and 2019 (42 800) (Cadet-Taïrou et al., 2021; Janssenet al., 2020). Should the other main freebase cocaine markets in Europe have experienced a similar increase in the number of users over this time period, of which there are some indications, then there would potentially be over 100 000 freebase cocaine users in Europe.

An important distinction between the two cocaine markets is that while cocaine powders are invariably bought from dealers, the freebase market involves products that are either manufactured by the users themselves (from purchased powders) or purchased as crack from dealers. Based on the available evidence, it is difficult to estimate which of these two types of products is the most prominent, but basification for own use (i.e. the processing of purchased cocaine powder into freebase by the user) may be significant and increasing. Those who manufacture their own freebase products may not identify themselves as crack users but as cocaine users, which may lead to an underestimation of the number of freebase cocaine users in Europe (EMCDDA and Europol, 2019). Thus, for a number of reasons, it is likely that the European market for freebase cocaine products is both underestimated and under-documented. Caution is therefore required when interpreting the available data.

Freebase cocaine is primarily smoked, but some users inject it. In some countries such as France and Portugal, low-threshold facilities report that injection of freebase is not infrequent. Freebase users appear to predominantly belong to vulnerable high-risk populations, and are often also current or former users of opioids. Migrants from Africa and east European countries are reported to make up a sizeable proportion of freebase cocaine users in some EU Member States. There are also indications of cocaine freebase use among some recreational drug users in France and Italy, which suggest that use is spreading to a new customer base.

Only a handful of countries report the number of crack cocaine seizures consistently, and as a result it is difficult to distinguish trends. Nevertheless, it would appear that since the last edition of this report (EMCDDA and Europol, 2019), seizures have continued to be relatively stable and low in both numbers and quantities among the reporting countries.

However, other datasets suggest that in recent years, some long-standing freebase markets may have grown, although they remain small, while new markets seem to have emerged in countries where they previously were not observed, resulting in an increase in Europe as a whole. For example, the overall number of people seeking treatment for problems with crack use tripled between 2016 and 2020, when 7 000 people entered treatment. Notable increases were observed in countries with long-standing markets, such as Spain, France and Italy, but also in others including Belgium, Ireland and Portugal. Crack use was also reported in some German cities where it was rarely observed in the past.

Similar trends emerge from other datasets. For instance, low-threshold services in Brussels, Lisbon and some areas of Ireland and Italy reported a significant increase in the number of crack users among their clients in 2020. In addition, wastewater analysis performed in 13 cities of six western European countries in 2021 found freebase residues in all cities and during all sampling days, indicating daily use (EMCDDA, 2022b). The highest loads were encountered in Amsterdam and Antwerp, that is, in cities located in countries identified as major entry points for wholesale cocaine shipments to the EU (see Section Exploitation of global logistics: European and Latin American ports).

Cocaine freebase markets often entail serious consequences in terms of public health and security, and can be particularly challenging to deal with for the public services concerned. Dependence on crack cocaine is characterised by high-frequency use, serious mental and physical health problems, and aggression. Notable harms associated with cocaine freebase use in Europe include intimidation, violence and forced prostitution, and it frequently leads individuals to financial ruin.

At the global level, and particularly in South America, a bigger range of smokeable cocaine products are available to consumers than in Europe. The majority are made from the intermediary products, coca paste and cocaine base, that are formed during the manufacture of cocaine hydrochloride from coca leaves (see Figure The cocaine production process and the different cocaine products). These are smuggled in wholesale amounts within and across borders from production areas in Bolivia, Colombia and Peru. In some South American countries, especially the three main cocaine-producing countries, there is evidence to suggest that markets for smokeable products are larger than those for powder cocaine (UNODC, 2021e). As already mentioned, the availability in Europe of large quantities of coca paste and cocaine base creates a risk that new smokeable cocaine consumer products similar to those available in South America could emerge on the European market in the future (see Section Manufacturing cocaine: new developments highlight larger European role in global production).

How cocaine is retailed in Europe

Compared to other aspects of the cocaine market, there is limited systematic information available on the methods used to retail cocaine directly to consumers in Europe. Overall, the nature of the connections between the players active at different levels of the market — importation, wholesale distribution, mid-market distribution and retail sales — is generally poorly documented. Until more and better data are systematically collected on these aspects, it will be difficult to paint a comprehensive picture of how the cocaine retail market operates in Europe. That said, like the diversification of the criminal networks involved in the importation and distribution of cocaine in Europe analysed earlier (see Cocaine: increasingly attractive for a wider range of criminal networks), some evidence exists to show that retail markets have seen the emergence of new players and are becoming more diverse, in terms of where and how they operate. While the traditional view remains that most sales to users are likely conducted in public or semi-public settings, such as on ‘the street’ or, where they exist, in open drug markets, the emergence of new technologies, such as semi-private encrypted communication applications, internet-based platforms such as darknet markets, and the use of social media platforms, are likely key factors in the diversification of cocaine retail markets.

Buying cocaine: face-to-face still the preferred method, but social media and messaging apps increasingly used

While research on the cocaine retail trade is limited, it is generally thought that face-to-face methods for buying and delivering cocaine to consumers is most common. However, data collected through novel methods and on internet-based platforms have provided some insights into the market and how it may be changing. The diversification of the cocaine retail market has potentially been influenced by, among other things, the direct delivery to consumers of small amounts of cocaine purchased through the darknet. There is relatively good data on darknet markets, which have provided insights into estimated sales volumes, for example. Based on such data, cocaine has been estimated to be one of the drugs that generates the highest revenues for dealers operating in anonymised darknet markets. While darknet markets have been a relatively important source of supply for European cocaine consumers, there are indications that they are losing ground as a method for retailing cocaine and other drugs (Groshkova et al., 2022).

Research and analysis also suggest that public social media platforms and encrypted communication tools are commonly and potentially increasingly used across Europe for mid-level and retail cocaine trafficking. In Sweden, for example, ongoing research has found that the retail drugs trade has moved increasingly to social media platforms (Bloem and Svederborn, 2021), with one study finding that cocaine is offered in smaller quantities on Facebook compared to one of the largest Swedish cryptomarkets, namely Flugsvamp 2.0 (Moeller et al., 2021).

Web-based surveys can also be a quick and inexpensive tool for collecting information from relatively large numbers of people who use drugs. While their results cannot be generalised to the population as a whole, or indeed to all people who use drugs, they can paint a detailed and timely picture of drug consumption and purchasing patterns and are a useful complement to traditional data-collection methods. One such survey is the European Web Survey on Drugs (EWSD), which since 2016 has supported the EMCDDA and national decision-makers in gathering in-depth data on the drug situation in Europe.

Across the 21 EU countries and Switzerland that were covered in the 2021 round of the EWSD, 16 266 respondents (33 %) reported the use of cocaine. A smaller proportion of these respondents provided detailed information enabling further analysis of how cocaine is retailed in Europe.

The EWSD found that the majority of respondents who answered questions related to how they usually bought cocaine powder, and how it was usually delivered to them (N = 5 599), bought cocaine directly from a dealer in-person, via phone, mail or text message (84 %, see Figure In the last 12 months, how did you usually buy cocaine powder? ). However, a number of respondents also reported using social media (8 %) and the darknet (7 %), further supporting the developments observed in other research related to the growth of internet-based methods for purchasing cocaine. Interestingly, the use of these methods differed between countries. For example, buying the drugs directly from a dealer ranged from 96 % in Bulgaria to 69 % in Latvia, and the use of the darknet ranged from about 20 % in Sweden and Finland to 2 % in Ireland and several other countries. The use of social media stood out in Ireland and Sweden, at 13 %. While this indicates that some methods of purchase are more common in some countries than others, indicating that the retail markets may differ somewhat across Europe, it should be stressed that sample sizes were very small in several countries.In the last 12 months, how did you usually buy cocaine powder? (2021)I directly contact my source/dealer​(in person, via phone, mail, or text​message)I find the source on social media​(such as Snapchat, Facebook, or​Instagram)OtherOn an encrypted internet​market/darknet (e.g. using Tor or​another browser)In a shop on surface internet0102030405060708090EMCDDA (data) | Highcharts (chart tool)

Source: European Web Survey on Drugs, 2021. Twenty-one EU countries and Switzerland. Number of respondents = 5 599. The source data for this graphic is available in the source table on this page.

The Figure In the last 12 months, how was the cocaine powder usually delivered to you? shows that more than three quarters of respondents reported meeting their dealer outside as the usual delivery method, followed by home deliveries (27 %). It was more common for respondents to report that the cocaine powder was delivered to a drop-off location without any contact (6 %) than receiving the drug through the regular postal service (4 %). Similarly, the use of delivery methods greatly differs between countries, again suggesting differences among European countries. For instance, postal services were more frequently used in Sweden (13 %), while home deliveries were most common in Switzerland (39 %); however, it is again important to note the small sample sizes in some countries.In the last 12 months, how was the cocaine powder usually delivered to you? (2021)I met my source/dealer outsideHome (in person) deliveryI picked it up without any personal​contact (from arranged location)OtherRegular mail/postage01020304050607080EMCDDA (data) | Highcharts (chart tool)

Source: European Web Survey on Drugs, 2021. Twenty-one EU countries and Switzerland. Number of respondents = 5 599. The source data for this graphic is available in the source table on this page.

Early analysis on the impact of the pandemic on EU drug markets indicated that the effects of COVID-19 restrictions appeared to be more noticeable at the retail level than at the wholesale level. Although large quantities of cocaine were available in Europe, the logistics of transporting smaller batches, including retail quantities, were more difficult to orchestrate. New modi operandi observed in some EU Member States indicated that some dealers quickly adapted to new challenges. For instance, seizures of drugs from people disguised as key workers have been widely reported (Daly, 2020; EMCDDA and Europol, 2020). It is too early to tell whether the pandemic will have any lasting effects on the retail trade for cocaine in Europe. It will be important to continue monitoring these aspects in the coming years.

Darknet markets: losing ground but still active

Based on 2020 data from 14 darknet markets (Agartha Market, White House Market, DarkMarket, Versus Market, DarkBay Market, Square, Icarus Market, ASAP Market, Cypher Market, BitBazaar, Monopoly, Empire Market, Europa and Apollon Market), a total of 10 832 listings (sale offers) were detected of cocaine in hydrochloride (powder) and freebase (crack) forms purporting to ship from an EU country. Of these, 90 (1 %) of the listings were for crack. Although caution is needed in interpreting these data, the number of listings provides a useful indicator of the scale of activity on darknet markets.

The available data suggest that the majority of powder cocaine sale listings during 2020 originated from Germany (37 %), France (15 %) and the Netherlands (13 %). Other reported EU Member States of origin included Sweden (7 %), Belgium, Italy and Spain (4 % each). An additional 16 % of cocaine listings were offering shipping from various other EU countries, Norway and Turkey (see Figure Proportion of powder cocaine listings on major darknet markets by EU Member States, Norway and Turkey, 2020).Proportion of powder cocaine listings on major darknet markets by EU Member States, Norway and Turkey, 2020Germany​GermanyOther countries​Other countriesFrance​FranceNetherlands​NetherlandsSweden​SwedenBelgium​BelgiumItaly​ItalySpain​SpainEMCDDA (data) | Highcharts (chart tool)

Source: EMCDDA analysis based on Web-IQ data. The source data for this graphic is available in the source table on this page.

For crack, a different picture emerges, with the majority of listings purporting to ship from the Netherlands (76 %), followed by Germany (9 %). Several other EU countries featured as shipping origin, and an additional 10 % of crack listings purported to ship from an unspecified country in Europe.

Compared with data from previous monitoring periods, when the origin of cocaine offered on darknet markets was limited to a few EU Member States (EMCDDA and Europol, 2019), the current data show considerable diversification, with cocaine now apparently being shipped from every corner of the EU.

The typical quantity (most frequently observed value) of cocaine powder offered was 10 grams (1 371 listings), followed by 20 grams (1 031). The typical price per gram was consistently EUR 60 per gram, up to 50 grams, at which point a bulk discount was evident — listings of 50 grams and 100 grams were typically offered at EUR 50 per gram. The typical quantity of crack offered was 1 gram (14 listings), followed by 0.5 grams (11), 5 grams and 10 grams (10 each) and 2 grams (9).

There were 256 listings of 1 kilogram or more (cocaine powder). In 201 listings of 1 kilogram, the typical price was EUR 42 000 (minimum EUR 16 660, maximum EUR 49 000). There were 47 listings for 2 kilograms; one listing each for 2.5 kilograms, 5 kilograms, 10 kilograms, 15 kilograms, 20 kilograms and 30 kilograms; and two listings for 50 kilograms. However, price data were not available for these quantities. The Netherlands and Germany together accounted for over half of the listings of bulk quantities (see Figure Proportion of bulk cocaine listings on major darknet markets shipping from EU countries).Proportion of bulk cocaine listings on major darknet markets shipping from EU countries, 2020Netherlands​NetherlandsGermany​GermanyOther EU countries​Other EU countriesFrance​FranceRomania​RomaniaSpain​SpainSweden​SwedenItaly​ItalyBelgium​BelgiumAustria​AustriaEMCDDA (data) | Highcharts (chart tool)

Source: EMCDDA analysis based on Web-IQ data. The source data for this graphic is available in the source table on this page.

Cocaine market size estimates

Estimating the size of illicit drug markets is not an easy undertaking, and the European cocaine market is no exception. Conceptually, there are two main strategies to assess the size of drug markets: a supply-side or top-down approach and a demand-based or bottom-up approach. The strengths and limitations of these strategies differ according to the substance studied and for the different methods used within these two strategies, which are reviewed in a background paper commissioned for this report (Udrisard et al., 2022). Other approaches and novel methods also exist to estimate drug market size, such as wastewater-based analysis.

While each of the approaches outlined have their merits and limitations, in the end they only provide an estimate of the overall amount spent on drugs by those who use them, and nothing about the profit (and losses) at different stages of the supply chain that would expose who benefits the most. Early research found that with illicit drugs, the dominant costs appear to be associated with importation, labour, product and asset seizures, and compensation for the risks of imprisonment and physical harm (Caulkins and Reuter, 1998). In order to adequately inform and hence prioritise responses in future, it will be important to conduct more detailed research and move beyond calculating values of the retail drug market and to focus on calculating the net benefits at each stage of the value chain.

Demand-based estimate

Using the methodology established by the EMCDDA (2019), an estimate of the cocaine retail market size is possible based on the number of users and their use patterns, how much they use per year and the average price paid at retail level.

Despite its limitations, this approach provides a lower bound of what we could expect the retail market size estimate to be. Using the latest data available, the minimum estimated value of the retail market for cocaine in the EU in 2020 was EUR 10.5 billion (range EUR 7.7 billion to 12.8 billion). This represents about a third of the total illicit market in drugs and makes cocaine the second-largest market, after cannabis. This suggests that in 2020 about 158 tonnes of cocaine was consumed, with a likely range of 117 to 193 tonnes. Comparing the current estimate with the value calculated in 2017, even after omitting the United Kingdom, this suggests a large increase. Given the changes in the parameters, this comparison should be treated with care. However, it does suggest the market has expanded.

While this approach has a sound scientific basis, demand-based estimates are prone to underestimation due to misreporting and under-reporting of prevalence and use, as self-reported data do not always reflect reality (Udrisard et al., 2022). According to some studies, demand-based estimates may be in a range of about 10 % to 50 % of the actual quantities used (Udrisard et al., 2022). One way to compensate for this is to apply correction factors. In the papers reviewed in the EMCDDA’s commissioned study, rates up to 40 % to 50 % were used to correct the initial estimates of the number of users or to suggest alternative scenarios (e.g. Bouchard et al., 2012; Kilmer et al., 2011). The impact of such a correction factor (which only applies to the estimated number of users) has the potential to increase the estimated quantities consumed in Europe annually by about one third (Udrisard et al., 2022).

Supply-side estimates

It is also possible to produce a cocaine market size estimate using a top-down approach. There are two main models that can be used for this, namely a production-based approach and a seizure-based approach. The first involves assessing the amount of cocaine available for consumption in a given country or region by taking global production estimates, subtracting the amount seized by law enforcement authorities or otherwise lost (spoiled, etc.) and then estimating the portion of the market share in that place. The amount available can then be multiplied by the local price (adjusted for purity, to account for adulteration) to arrive at the retail market value. There are several challenges with this approach, such as the accuracy of global production estimates, global seizure data and how the national or EU market share could be assessed.

The seizure-based approach simply uses the amount of police seizures and an estimated seizure rate to assess the quantities of drugs available on the market. However, no data are available that would allow an assessment of the seizure rate. An alternative supply-side approach is based on estimates of the number of dealers and the average number of doses they sell (Rossi, 2013). Making such assessments may be possible, and further studies are needed, at city level initially, to test this method and assess its suitability for use at national or EU level.

National market size estimates

A national estimate of cocaine consumption was made in France in 2015 using demand-side estimates. The INHESJ (National Institute for Advanced Security and Justice Studies) reported that the cocaine market evolved significantly between 2005 and 2010, reaching a turnover of EUR 902 million, representing consumption of 15 tonnes at an assumed purity of 30 %, or 4.5 tonnes of pure cocaine (Ben Lahkdar et al., 2015).

According to the National Crime Agency (NCA) in the United Kingdom, the national cocaine market was estimated to be worth between EUR 10.7 billion and 13.4 billion (GBP 9.4 billion and GBP 11.8 billion) in 2019, with consumption estimated to be 117 tonnes, an increase of at least 290 % since 2011 (excluding Northern Ireland; NCA, 2020). This estimate was derived from a mixed-methods approach combining wastewater analysis, supply-side data and criminal intelligence (NCA personal communication, 2021).

Wastewater-based approach

Drug residue measurements in wastewater show some promise as a method to estimate city-level drug consumption, since the amount of drug metabolites found in wastewater is directly correlated with the amount of drug consumed by the population served by the wastewater treatment plant. In one study, the city-level consumption of cocaine in Brussels was approximately 190 kilograms in 2009 (Van Nuijs et al., 2011). In a study commissioned for this report, wastewater data from the cantons of Vaud and Geneva in Switzerland were analysed. Estimates for cocaine were around 60 % higher than the demand-based estimates in Vaud. In Geneva, the difference was more pronounced, with wastewater providing a 266 % greater estimate than the demand-side estimate (Udrisardet al., 2022).

There are limitations to the wastewater approach, including the difficulties in assessing the size of the population at any given time and the lack of EU-wide coverage. That said, measurements are being conducted regularly in a number of European cities (72 in 2021). More research, analysis and data are needed to maximise the utility of this approach for assessing the size of the cocaine market in the EU.

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