Title 16 — Crimes and Offenses
0 chapters · 658 sections in this title.
O.C.G.A. § 16-13-21 Definitions
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As used in this article, the term: (0.5) “Addiction” means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control …
O.C.G.A. § 16-13-22 Administration of article; standards and schedules
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(a) The State Board of Pharmacy shall administer this article and shall add substances to or reschedule all substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 pursuant to the procedures of Chapter 13 of Title 50, the “Georgia Administrative Procedur…
O.C.G.A. § 16-13-23 Nomenclature for controlled substances
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The controlled substances listed in the schedules in Code Sections 16-13-25 through 16-13-29 are included by whatever official, common, usual, chemical, or trade name designated. History. Code 1933, § 79A-804, enacted by Ga. L. 1974, p. 221, § 1.
O.C.G.A. § 16-13-24 Establishment of schedules of controlled substances
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(a) There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. The schedules shall consist of the substances listed in Code Sections 16-13-25 through 16-13-29. The schedules so established shall be updated and republished by the …
O.C.G.A. § 16-13-25 Schedule I
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The controlled substances listed in this Code section are included in Schedule I: (1) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, pursuant to this article, whenever the existe…
O.C.G.A. § 16-13-26 Schedule II
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The controlled substances listed in this Code section are included in Schedule II: (1) Any of the following substances, or salts thereof, except those narcotic drugs specifically exempted or listed in other schedules, whether produced directly or indirectly by extraction from subs…
O.C.G.A. § 16-13-27 Schedule III
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The controlled substances listed in this Code section are included in Schedule III: (1) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a …
O.C.G.A. § 16-13-27.1 Exempt anabolic steroids
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The following anabolic steroid containing compounds, mixtures, or preparations have been exempted as Schedule III Controlled Substances by the United States Drug Enforcement Administration, as listed in 21 C.F.R. 1308.34, and are therefore exempted from paragraph (6) of Code Sect…
O.C.G.A. § 16-13-28 Schedule IV
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(a) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, i…
O.C.G.A. § 16-13-29 Schedule V
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The controlled substances listed in this Code section are included in Schedule V: (1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic, active, medicinal ingre…
O.C.G.A. § 16-13-29.1 Opioids
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Notification of addictive risks, §16-13-56.1. Orders promulgated prior to July 1, 1974, §16-13-54. Overdose. Opioid antagonist, prescribing or administering. Naloxone. Permissible uses, §16-13-71. Person seeking medical assistance for. Immunity from arrest or prosecution, §16-13-5…
O.C.G.A. § 16-13-29.2 Short title
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Definitions. Administration of article; standards and schedules. Nomenclature for controlled substances. Establishment of schedules of controlled substances. Schedule I. Schedule II. Schedule III. Exempt anabolic steroids. Schedule IV. Schedule V. Nonnarcotic substances excluded f…
O.C.G.A. § 16-13-30 Curtis v
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State, 282 Ga. App. 322, 638 S.E.2d 773, 2006 Ga. App. LEXIS 1301 (2006), cert. denied, No. S07C0427, 2007 Ga. LEXIS 203 (Ga. Feb. 26, 2007). Passenger’s testimony, stating that the defendant passed marijuana to the passenger and told the passenger to discard the marijuana, was s…
O.C.G.A. § 16-13-30.1 State v
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Burgess, 263 Ga. 143, 429 S.E.2d 252, 1993 Ga. LEXIS 394 (1993). Conduct of selling is subsumed in the expressly prohibited activity of distributing and therefore constitutes a violation of O.C.G.A. § 16-13-30.2. Dorsey v. State, 212 Ga. App. 479, 441 S.E.2d 891, 1994 Ga. App. LE…
O.C.G.A. § 16-13-30.2 Defined, §16-1-3
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Deposit account fraud, §16-9-20. Dumping of egregious litter, §16-7-53. Electronically furnishing obscene material to minors, §16-12-100.1. Fireworks. Obstructing first responder with fireworks, §16-10-35. Fraud. Military and veterans. Deception as to veteran status or military dec…
O.C.G.A. § 16-13-30.3 Wholesale distributors
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Violations, penalties, §16-13-30.4. Public officers and employees. Bribery, §16-10-2. Filing false documents, §16-10-20.1. Impersonation, §16-10-23. Influencing legislative action, §16-10-4. Influencing official action, §16-10-5. FINES —Cont’d Public safety animals. Interfering wit…
O.C.G.A. § 16-13-30.4 Products containing pseudoephedrine
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(a) As used in this Code section and unless otherwise specified, the term “board” or “board of pharmacy” shall mean the State Board of Pharmacy. (b)(1) A wholesale distributor who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine…
O.C.G.A. § 16-13-30.5 Prescriptions, §16-13-41
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Electronic database of prescription information. Prescription drug monitoring program (PDMP) data base, §§16-13-57 to 16-13-65. Opioids. Notification of addictive risks, §16-13-56.1. Professions and businesses.
O.C.G.A. § 16-13-30.6 Prohibition on purchase and sale of marijuana flavored products
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(a) As used in this Code section, the term: (1) “Marijuana flavored product” means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall include, but is not limited to, “Chronic Candy,” “Kronic Kandy,” or “Pot …
O.C.G.A. § 16-13-31 Hall v
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State, 283 Ga. App. 266, 16-13-31 641 S.E.2d 264, 2007 Ga. App. LEXIS 31 (2007). Mere presence at residence insufficient for drug conviction. — Defendant was entitled to reversal of the convictions for possession with intent to distribute and trafficking drugs because the defenda…
O.C.G.A. § 16-13-31.1 Trafficking in ecstasy; sentencing; variation
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(a) Any person who sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, or any mixture containing 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine …
O.C.G.A. § 16-13-32 Drug violation
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Immunity from arrest or prosecution for person seeking medical assistance for overdose, §16-13-5. Dump. Waste control law, §16-7-51. Dwelling. Burglary, §16-7-1. Home invasion, §16-7-5. Eavesdropping device. Criminal invasion of privacy, §16-11-63. Egregious litter.
O.C.G.A. § 16-13-32.1 PARDONS AND PAROLES
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Chop shop violators, §16-8-83. Earned-time allowances. Bombs, explosives and chemical or biological weapons. Violation with intent to cause death or bodily injury or damage to public buildings. Ineligibility, §16-7-88. Improper sexual contact by employee or agent, §16-6-5.1. Inco…
O.C.G.A. § 16-13-32.2 Possession and use of drug related objects
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(a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, an…
O.C.G.A. § 16-13-32.3 Community service
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Sales, possession, etc., of tobacco related objects by underage individuals, §16-12-170. Company. Transportation passenger safety, §16-12-122. 856 INDEX DEFINED TERMS —Cont’d Compensation. Pyramid promotional schemes, §16-12-38. Computer.
O.C.G.A. § 16-13-32.4 Prescriptions, §16-13-41
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Opioids. Notification of addictive risks, §16-13-56.1. Prescription documents signed in blank. Prima facie evidence, §16-13-41. Prescription drug monitoring program (PDMP) data base, §§16-13-57 to 16-13-65. Professions and businesses, §§16-13-110 to 16-13-114. DRUGS —Cont’d Contro…
O.C.G.A. § 16-13-32.5 Johnson v
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State, 214 Ga. App. 77, 447 S.E.2d 74, 1994 Ga. App. LEXIS 775 (1994), cert. denied, No. S94C1738, 1994 Ga. LEXIS 1146 (Ga. Oct. 28, 1994). Facts required to be established by O.C.G.A. § 16-13-32.5 could be proved by the testimony of police officers familiar with the area and exp…
O.C.G.A. § 16-13-32.6 Marijuana-flavored products
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Selling or providing to minor, §16-13-30.6. Medical marijuana, access, §§16-12-200 to 16-12-236. Possession, §16-13-30. One ounce or less, §16-13-2. Possession of firearm or knife. During commission of crime or attempt to commit crime of trafficking in marijuana, §16-11-106. 884 I…
O.C.G.A. § 16-13-33 Parrott v
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State, 206 Ga. App. 829, 427 S.E.2d 276, 1992 Ga. App. LEXIS 1818 (1992), cert. denied, No. S93C0594, 1993 Ga. LEXIS 297 (Ga. Mar. 18, 1993). Consent order modifying original sentence was void. — Trial court properly vacated a consent order modifying the defendant’s original sent…
O.C.G.A. § 16-13-35 General registration requirements
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(a) Every person who manufactures, distributes, or dispenses any controlled substances within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state must obtain annually a registration issued by the State…
O.C.G.A. § 16-13-36 Rules and regulations
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Manufacture, distribution and dispensing of substances, §16-13-34. 879 INDEX DRUGS —Cont’d Controlled substances —Cont’d Rules and regulations —Cont’d Rules promulgated prior to July 1, 1974, §16-13-54. Sale, §16-13-30. Cocaine, §16-13-31. Drug-free commercial zone, §16-13-32.6. …
O.C.G.A. § 16-13-37 Georgia controlled substances act
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Administration of article, §16-13-22. Construction of article, §16-13-55. Restitution to state for cleanup of environmental hazards, §16-13-56. Short title, §16-13-20. Unspecified violations of article. Penalty, §16-13-56. Glue. Model glue, §§16-13-90 to 16-13-96. Hazing, §16-5-61…
O.C.G.A. § 16-13-39 Schedule I and II substances
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Distribution by a registrant to another registrant, §16-13-40. Unauthorized distribution, §16-13-42. Schedule I or II substances, §16-13-43. Registration number.
O.C.G.A. § 16-13-4 Kratom, §§16-13-120 to 16-13-122
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Regulation of controlled substances, §§16-13-20 to 16-13-65. Sale, possession, etc., of model glue, §§16-13-90 to 16-13-96. 834 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Controlled substances —Cont’d Sanctions against licensed persons for offenses involving controlled substances o…
O.C.G.A. § 16-13-40 Distribution of Schedule I and II substances
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Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with federal law respecting order forms shall be deemed compliance with this Code section. History. Code 1933, § 79A-819, enacted by G…
O.C.G.A. § 16-13-41 Prescriptions
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(a) Except when dispensed directly by a registered practitioner, other than a pharmacy or pharmacist, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a registered practitioner. (b) When a practitioner writes a presc…
O.C.G.A. § 16-13-42 Registration number
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Use of fictitious numbers, §16-13-43. Registration of manufacturers, distributors and dispensers, §§16-13-34 to 16-13-39. Regulation, §16-13-34. Schools and school areas, §16-13-32.4. Substances used for manufacture of schedule I or schedule II controlled substances. Possession of…
O.C.G.A. § 16-13-43 Unauthorized distribution; penalties
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(a) It is unlawful for any person: (1) Who is a registrant to distribute a controlled substance classified in Schedule I or II, except pursuant to an order form as required by Code Section 16-13-40; (2) To use, in the course of the manufacture or distribution of a controlled subst…
O.C.G.A. § 16-13-44 Pharmacists and pharmacies
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Prescriptions, §§16-13-42, 16-13-43. Registrant manufacturers, distributors and dispensers. Refusal or failure to keep records, §16-13-42. Refusal to permit inspection, §16-13-42. Unauthorized manufacture, distribution, etc., §16-13-42. Schedule I and II substances, §16-13-43. Re…
O.C.G.A. § 16-13-45 Powers of enforcement personnel
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Any officer or employee of the State Board of Pharmacy designated by the director of the Georgia Drugs and Narcotics Agency may: (1) Carry firearms in the performance of his official duties; (2) Execute and serve search warrants, arrest warrants, administrative inspection warrants…
O.C.G.A. § 16-13-46 Administrative inspections and warrants
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(a) Issuance and execution of inspection warrants shall be as follows: (1) A judge of the superior, state, city, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate, upon proper oath or affirmation showing probable cause, may issue warrant…
O.C.G.A. § 16-13-47 Injunctions
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(a) The superior courts of this state may exercise jurisdiction to restrain or enjoin violations of this article. (b) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order under this Code section. History. Code 1933, § 79A-826, en…
O.C.G.A. § 16-13-48 Felonies
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Registrant manufacturers, distributors and dispensers. Refusal or failure to keep records, §16-13-42. Refusal to permit inspection, §16-13-42. Unauthorized manufacture, distribution, etc., §16-13-42. Firearm or knife possession during commission of or attempt to commit certain cr…
O.C.G.A. § 16-13-49 F & M Bank v
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State, 167 Ga. App. 77, 306 S.E.2d 11, 1983 Ga. App. LEXIS 2398 (1983) (decided under former O.C.G.A. § 16-13-49). Participation in preliminary hearing constitutes notice. — Assistant district attorney’s participation in the preliminary hearing at which 16-13-49 testimony concern…
O.C.G.A. § 16-13-5 OPTOMETRISTS
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Assisted suicide, §16-5-5. Controlled substances. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. Notice. Assisted suicide, notice to licensing boards of conviction, §16-5-5. ORAL SEX. Child sexual exploi…
O.C.G.A. § 16-13-50 Denial
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Procedure, §16-13-38. Exemptions, §16-13-35. Factors to be considered in determining whether to register manufacturer or distributor, §16-13-36. Fees, §16-13-34.
O.C.G.A. § 16-13-51 Rulemaking authority, §16-13-34
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Dangerous drugs. Deletion of drugs from dangerous drug list, §16-13-71. Theft of controlled substances while in course of committing armed robbery, §16-8-41. 979 INDEX PHISHING. Personal identifying information. Use of Internet or email to induce person to provide by posing as a …
O.C.G.A. § 16-13-54 Orders and rules promulgated prior to July 1, 1974
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Any orders and rules promulgated under any law affected by this article and in effect on July 1, 1974, and not in conflict with it shall continue in effect until modified, superseded, or repealed. History. Code 1933, § 79A-833, enacted by Ga. L. 1974, p. 221, § 1.
O.C.G.A. § 16-13-54.1 MARKETING
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Medical marijuana. Access to medical cannabis. Advertising or marketing to registered patients or public. Restrictions, §16-12-215. MARRIAGE. Bigamy, §§16-6-20, 16-6-21. MARRIAGE AND FAMILY THERAPISTS. Controlled substances. Professions and occupations. Sanctions against licensed…
O.C.G.A. § 16-13-55 Domestic terrorism
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Constitutionally protected speech or assembly. Statutory construction to avoid infringement, §16-11-224. INTERFERENCE WITH CUSTODY, §16-5-45. INTERFERENCE WITH GOVERNMENT PROPERTY, §16-7-24. INTERFERENCE WITH PUBLIC UTILITY, §16-7-25. INTERMEDIATE CARE HOMES. Employees’ records c…