0 chapters · 658 sections in this title.
O.C.G.A. § 16-12-217 PEACHES
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Purchases. Failing to pay for, §16-9-58. PECAN DEALERS AND PROCESSORS. Controlled substances. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. PENALTIES —Cont’d Nude or sexually explicit electronic transmi…
O.C.G.A. § 16-12-218 No eligibility for tax credit
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A licensee shall not be eligible for any tax credit allowed pursuant to any of the following Code Sections: 48-7-29.8, 48-7-29.11, 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.5, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.12, 48-7-40.17, 48-7-40.18, 48-7-40.20, 48-7…
O.C.G.A. § 16-12-219 Convicted felons prohibited from employment; exception
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(a) No individual convicted of a drug related felony shall be eligible to work as an employee of a licensee or otherwise participate in the business activities of a licensee conducted pursuant to this part unless the conviction has been expunged or the individual has been pardone…
O.C.G.A. § 16-12-22 Commercial gambling
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(a) A person commits the offense of commercial gambling when he intentionally does any of the following acts: (1) Operates or participates in the earnings of a gambling place; (2) Receives, records, or forwards a bet or offer to bet; (3) For gain, becomes a custodian of anything …
O.C.G.A. § 16-12-22.1 Raffles operated by nonprofit, tax-exempt organizations
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(a) It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under Section 501(c) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations appr…
O.C.G.A. § 16-12-220 Confidential nature of data; exclusion; patient privacy
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(a) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commission pursuant to the activities conducted pursuant to this part, other than information published in an official commission report regarding the activities cond…
O.C.G.A. § 16-12-221 Convicted felons
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Restrictions on employment or other participation, §16-12-219. Covered entities. Operations in proximity to covered entities. Restrictions on operations of licensees, §16-12-215. Criminal offenses by licensee or licensee’s employees, §16-12-225. Definitions, §16-12-200. Designated…
O.C.G.A. § 16-12-222 Class 2 production licenses
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Activities permitted under license, §16-12-212. Commission (Georgia access to medical cannabis commission). Issuance by commission, §16-12-212. Studies identifying proof of discrimination, commission responses, §16-12-214. Competitive application and review process, §16-12-212. D…
O.C.G.A. § 16-12-223 Revocation of license; appeal
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(a) A license shall be revoked by the commission if the licensee: (1) Holds ownership interest in more than one category of license issued under this article; (2) Knowingly employs individuals convicted of a felony within the previous ten years unless the conviction has been expu…
O.C.G.A. § 16-12-224 MEDICAL RECORDS
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Alteration. Criminal alteration, §16-10-94.1. Destruction. Criminal destruction, §16-10-94.1. Falsification. Criminal falsification, §16-10-94.1. MEDICAL WASTE. Waste control laws, §§16-7-51 to 16-7-56. MEDICINE.
O.C.G.A. § 16-12-225 Criminal offenses; penalty
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(a) A licensee or licensee’s employee who knowingly or willfully encourages, causes, abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-products, or criminal distribution of raw materials and agricult…
O.C.G.A. § 16-12-226 Sales and use taxes applicable
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The sale of low THC oil and products authorized by this article shall be subject to all applicable sales and use taxes. History. Code 1981, § 16-12-226, enacted by Ga. L. 2019, p. 43, § 4/HB 324; Ga. L. 2021, p. 184, § 18/SB 195. Editor’s notes. Ga. L. 2021, p. 184, § 28/SB 195, …
O.C.G.A. § 16-12-23 KIDNAPPING, §16-5-40
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Continuous offense, §16-5-40. Incidental movement, §16-5-40. Merger with other offense, prohibition, §16-5-40. Movement sufficient to constitute offense, §16-5-40. Punishment, §16-5-40. Separate offense, §16-5-40. Sexual felony, previous conviction. Kidnapping of victim under 14 …
O.C.G.A. § 16-12-230 Requirements for dispensing low THC oil and products
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(a) Low THC oil and products shall only be dispensed to registered patients in this state by a dispensing licensee or directly from the commission pursuant to this article. (b) A pharmacist who dispenses low THC oil or products shall seek and review information on a registered pa…
O.C.G.A. § 16-12-231 Exemptions from arrest, prosecutions, or penalty
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The following persons and entities, when acting in accordance with the provisions of this article, shall not be subject to arrest, prosecution, 203 16-12-233 or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board…
O.C.G.A. § 16-12-232 Reimbursement to state employees for counsel fees
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16-12-233. Contracts not against public policy. 16-12-234. Unlawful ways to ingest low THC oil or products. 16-12-235. Research in compliance with federal regulations. 16-12-235.1. Possession of THC oil and products by colleges and universities for research purposes; permitting r…
O.C.G.A. § 16-12-233 Contracts not against public policy
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It is the intent of the General Assembly that contracts related to the 204 16-12-233 OFFENSES/HEALTH & MORALS 16-12-235 cultivation, harvesting, manufacturing, production, and distribution of cannabis solely for the manufacture of low THC oil or products pursuant to this article …
O.C.G.A. § 16-12-234 Unlawful ways to ingest low THC oil or products
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It shall be unlawful to ingest low THC oil or products in a manner that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor in a solution or other form, inc…
O.C.G.A. § 16-12-235 Research in compliance with federal regulations
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Notwithstanding anything to the contrary within this article, nothing herein shall be construed to prohibit the conduct of research involving low THC oil, cannabis, or products that is conducted in full accordance with federal regulations, including the regulations of the United …
O.C.G.A. § 16-12-235.1 Retail outlet dispensing licenses
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Low THC oil and products, dispensing to registered patients, §16-12-206. Revocation of licenses. Appeals, §16-12-223. Grounds, §16-12-223. Sales and use taxes. Applicability, §16-12-226. Samples. Testing of samples, §16-12-217. 951 INDEX MEDICAL MARIJUANA —Cont’d Access to medica…
O.C.G.A. § 16-12-236 Regulation by Department of Agriculture
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The Georgia Department of Agriculture shall not regulate any activity authorized under this article. To the extent that the Department of Agriculture is authorized under any other law of this state to regulate any activity authorized by this article, including, but not limited to…
O.C.G.A. § 16-12-24 Gambling place
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Defined, §16-12-20. Keeping, §16-12-23. Giveaway contests, §16-12-36. Keeping a gambling place, §16-12-23. Lotteries. Inapplicability of part to legally authorized lotteries, §16-12-35. Maintaining a disorderly house, §16-11-44. Promotional contests, §16-12-36.
O.C.G.A. § 16-12-25 Solicitation of another to gamble with intent to defraud or deceive
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(a) Any person who solicits another person to commit any of the following acts with the intent to defraud or deceive such person on or adjacent to the premises of any business operated for pecuniary gain shall be guilty of a felony and, upon conviction thereof, shall be punished …
O.C.G.A. § 16-12-26 Advertising commercial gambling
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(a) A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device designed to serve as evidence of participation in a lottery commits the …
O.C.G.A. § 16-12-27 Advertisement or solicitation for participation in lotteries
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(a) It shall be unlawful for any person, partnership, firm, corporation, or other entity to sell, distribute, televise, broadcast, or disseminate any advertisement, television or radio commercial, or any book, magazine, periodical, newspaper, or other written or printed matter con…
O.C.G.A. § 16-12-28 Communicating gambling information
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(a) A person who knowingly communicates information as to bets, betting odds, or changes in betting odds or who knowingly installs or maintains equipment for the transmission or receipt of such information with the intent to further gambling commits the offense of communicating g…
O.C.G.A. § 16-12-29 Competent witnesses
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On the trial of any person for violating Code Section 16-12-21, 16-12-22, 16-12-23, or 16-12-24, any other person who may have played and bet at the same time or table shall be a competent witness. History. Laws 1833, Cobb’s 1851 Digest, pp. 815, 816.; Code 1863, § 4428; Code 186…
O.C.G.A. § 16-12-3 Emergencies
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Official request at emergency. Refusal to obey, §16-10-30. Emergency medical professionals. Hindering or obstructing, §16-10-24.2. Fireworks, obstructing first responder with, §16-10-35. Emergency medical technicians. Hindering or obstructing, §16-10-24.2. Fireworks, obstructing fi…
O.C.G.A. § 16-12-30 Definitions
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Gambling. Commercial gambling. Raffles operated by nonprofit, tax-exempt organizations. Keeping a gambling place. Possession, manufacture, or transfer of gambling device or parts; possession of antique slot machines. Solicitation of another to gamble with intent to defraud or dece…
O.C.G.A. § 16-12-32 Civil forfeiture
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(a) As used in this Code section, the terms “proceeds,” “property,” and “United States” shall have the same meanings as set forth in Code Section 9-16-2, and “enterprise” means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity cr…
O.C.G.A. § 16-12-33 Bribery of a contestant
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A person who gives, offers, or promises any reward, money, or other 56 16-12-33 OFFENSES/HEALTH & MORALS 16-12-34 thing of value to anyone who participates or expects to participate in any amateur or professional athletic contest, sporting event, or exhibition or to any coach, tr…
O.C.G.A. § 16-12-34 SPRING STICK
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Carrying weapons within school safety zones, at school functions, on school buses, etc, §16-11-127.1. SPYING. Peeping Toms, §16-11-61. SPYWARE. Georgia computer security act of 2005. General provisions, §§16-9-150 to 16-9-157. SQUATTING.
O.C.G.A. § 16-12-35 Applicability of part; penalty for violation
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(a) As used in this Code section, the term “some skill” means any presence of the following factors, alone or in combination with one another: (1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired …
O.C.G.A. § 16-12-36 TASERS
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Carrying within school safety zones, at school functions or on school property, §16-11-127.1. Law enforcement officers. Theft or removal of weapon from peace officer, correction officer, etc., §16-10-33. 1021 INDEX TASERS —Cont’d Possession during commission of or attempt to comm…
O.C.G.A. § 16-12-37 Dogfighting
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(a) As used in this Code section, the term “dog” means any domestic canine. (b) Any person who: (1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog; (2) For amusement or gain, causes any dog to fight …
O.C.G.A. § 16-12-38 Pyramid promotional schemes; exceptions; penalties
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(a) As used in this Code section, the term: 66 16-12-38 OFFENSES/HEALTH & MORALS 16-12-38 (1) “Compensation” means a payment of any money, thing of value, or financial benefit. (2) “Consideration” means the payment of cash or the purchase of goods, services, or intangible property,…
O.C.G.A. § 16-12-4 Cruelty to animals
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(a) As used in this Code section, the term: 17 16-12-4 (1) “Animal” shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure. (2) “Malice” means: (A) An actual intent, which may be shown by…
O.C.G.A. § 16-12-5 Human body parts
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Removal from scene of death or dismemberment, §16-12-161. Human body traffic, §16-12-160. Medical cannabis, access, §§16-12-200 to 16-12-236. Obscenity and related offenses. Electronically furnishing obscene material to minors, §16-12-100.1. General provisions, §§16-12-80 to 16-1…
O.C.G.A. § 16-12-50 Legislative intent
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It is the intention of the General Assembly that, except for recreational bingo, only nonprofit, tax-exempt organizations which are properly licensed pursuant to this part shall be allowed to operate bingo games. History. Ga. L. 1977, p. 1164, § 8; Ga. L. 1978, p. 853, § 6; Ga. L.…
O.C.G.A. § 16-12-51 Definitions
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As used in this part, the term: (1) “Bingo game” or “nonprofit bingo game” means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares…
O.C.G.A. § 16-12-53 Licensing procedure; fee; renewal
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(a) Any nonprofit, tax-exempt organization desiring to obtain a license to operate bingo games shall make application to the Secretary of State on forms prescribed by the Secretary of State and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exe…
O.C.G.A. § 16-12-56 Ownership of premises
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Restrictions, §16-12-57. Premises. Access to premises by law enforcement agencies, §16-12-54. Restrictions as to ownership, §16-12-57. Purposes of provisions, §16-12-50.
O.C.G.A. § 16-12-57 Purposes of provisions, §16-12-50
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Reports of organizations, §16-12-59. Rules and regulations. Generally, §16-12-60. Promulgation of rules, §16-12-61. Transfer of regulatory authority to secretary of state, §16-12-63. Tax-exempt status of organization. Certification, §16-12-55. Transfer of regulatory authority to s…
O.C.G.A. § 16-12-58 Age restrictions
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No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this part unless accompanied by an adult. No person under the age of 18 years shall be permitted to conduct or assist in the conducting of any …
O.C.G.A. § 16-12-59 Child sexual exploitation
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Duty to report, §16-12-100. Criminal offenses. False report of crime, §16-10-26. Destructive devices, detonators, explosives or hoax devices. Loss or theft, §16-7-90. Fires. Transmitting false report, §16-10-27. 1002 INDEX RESPIRATORY CARE PRACTITIONERS. Controlled substances. Pr…
O.C.G.A. § 16-12-60 Rules and regulations
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(a) A licensee that conducts or operates a bingo session shall maintain the following records for at least three years from the date on which the bingo session is conducted: (1) An itemized list of the gross receipts for each session; 75 16-12-60 (2) An itemized list of all expen…
O.C.G.A. § 16-12-62 Penalties
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Any person who operates a bingo game for which a license is required without a valid license issued by the Secretary of State as provided in this part commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished acc…
O.C.G.A. § 16-12-63 Transfer of regulatory authority over bingo; procedure and regulation
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(a) The Secretary of State shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the director of the Georgia Bureau of Investigation applicable to regulation of bingo games and recreational bingo under this part which are…
O.C.G.A. § 16-12-80 Obscene material; distribution; penalty
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(a) A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, …
O.C.G.A. § 16-12-81 Porch piracy, §16-8-25
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Theft by possession of stolen mail, §16-8-24. MAILBOXES.