O.C.G.A. § 16-13-30 — GA Code / Title 16 / Chapter 13 / Section 16-13-30
Georgia Code Title 16. Crimes and Offenses § 16-13-30
Status: in_force

(a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.

(a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.

(b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.

(b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.

(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and (3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25 , or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.

(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;

(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and

(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years. (B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25 , or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.

(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25 , or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.

(B) This paragraph shall not apply to morphine, heroin, opium, or any substance identified in subparagraph (RR) or (SS) of paragraph (1) or paragraph (13), (14), or (15) of Code Section 16-13-25 , or subparagraph (A), (C.5), (F), (U.1), (V), or (V.2) of paragraph (2) of Code Section 16-13-26 or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.

(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

(e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at least two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;

(1) If the aggregate weight, including any mixture, is less than two grams of a solid substance, less than two milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at least two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and

(2) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance, at least two milliliters but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(3) If the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

(f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime.

(f) Upon a third or subsequent conviction for a violation of subsection (a) of this Code section with respect to a controlled substance in Schedule I or II or subsection (i) of this Code section, such person shall be punished by imprisonment for a term not to exceed twice the length of the sentence applicable to the particular crime.

(g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years. Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years.

(g) Except as provided in subsection (l) of this Code section, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years. Upon conviction of a third or subsequent offense, he or she shall be imprisoned for not less than one year nor more than five years.

(h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years. (2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years.

(i)(1) Except as authorized by this article, it is unlawful for any person to possess or have under his or her control a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than two years.

(2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(2) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this paragraph shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2 , any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2 , any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2 , any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.

(k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.

(l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at least two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

(l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows: (A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years; (B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at least two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and (C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years.

(l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;

(A) If the aggregate weight, including any mixture, is less than two grams of a solid substance of flunitrazepam, less than two milliliters of liquid flunitrazepam, or if flunitrazepam is placed onto a secondary medium with a combined weight of less than two grams, by imprisonment for not less than one nor more than three years;

(B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at least two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and

(B) If the aggregate weight, including any mixture, is at least two grams but less than four grams of a solid substance of flunitrazepam, at least two milliliters but less than four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, by imprisonment for not less than one nor more than eight years; and

(C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years.

(C) If the aggregate weight, including any mixture, is at least four grams of a solid substance of flunitrazepam, at least four milliliters of liquid flunitrazepam, or if the flunitrazepam is placed onto a secondary medium with a combined weight of at least four grams, by imprisonment for not less than one nor more than 15 years.

(2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

(2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

(m) As used in this Code section, the term “ solid substance ” means a substance that is not in a liquid or gas form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any variant of such items.

(m) As used in this Code section, the term “ solid substance ” means a substance that is not in a liquid or gas form. Such term shall include tablets, pills, capsules, caplets, powder, crystal, or any variant of such items.
O.C.G.A. § 16-12-23 — GA Code / Title 16 / Chapter 12 / Section 16-12-23
Georgia Code Title 16. Crimes and Offenses § 16-12-23
Status: in_force

(a) A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place or who rents or lets any such property with a view or expectation that it be so used commits the offense of keeping a gambling place.

(a) A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place or who rents or lets any such property with a view or expectation that it be so used commits the offense of keeping a gambling place.

(b) A person who commits the offense of keeping a gambling place shall be guilty of a misdemeanor of a high and aggravated nature.

(b) A person who commits the offense of keeping a gambling place shall be guilty of a misdemeanor of a high and aggravated nature.
O.C.G.A. § 16-9-109 — GA Code / Title 16 / Chapter 9 / Section 16-9-109
Georgia Code Title 16. Crimes and Offenses § 16-9-109
Status: in_force

(a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100 , 16-12-100.1 , 16-12-100.2 , 16-5-90 , or 16-11-221 , Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section.

(a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100 , 16-12-100.1 , 16-12-100.2 , 16-5-90 , or 16-11-221 , Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer, cellular telephone, or any other electronic device used in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section.

(b)(1) Any law enforcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney: (A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17; (B) Obtains a court order for such disclosure under subsection (c) of this Code section; or (C) Has the consent of the subscriber or customer to such disclosure. (2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 , 35-3-4.1 , or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection. (3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article.

(b)(1) Any law enforcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney: (A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17; (B) Obtains a court order for such disclosure under subsection (c) of this Code section; or (C) Has the consent of the subscriber or customer to such disclosure.

(b)(1) Any law enforcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney:

(A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17;

(A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17;

(B) Obtains a court order for such disclosure under subsection (c) of this Code section; or

(B) Obtains a court order for such disclosure under subsection (c) of this Code section; or

(C) Has the consent of the subscriber or customer to such disclosure.

(C) Has the consent of the subscriber or customer to such disclosure.

(2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the: (A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 , 35-3-4.1 , or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection.

(2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the:

(A) Name;

(A) Name;

(B) Address;

(B) Address;

(C) Local and long distance telephone connection records, or records of session times and durations;

(C) Local and long distance telephone connection records, or records of session times and durations;

(D) Length of service, including the start date, and types of service utilized;

(D) Length of service, including the start date, and types of service utilized;

(E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

(E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and

(F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 , 35-3-4.1 , or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection.

(F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 , 35-3-4.1 , or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph (1) of this subsection.

(3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article.

(3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article.

(c) A court order for disclosure issued pursuant to subsection (b) of this Code section may be issued by any superior court with jurisdiction over the offense under investigation and shall only issue such court order for disclosure if any law enforcement unit, the Attorney General, or any district attorney offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this Code section, on a motion made promptly by a provider of electronic communication service or remote computing service, may quash or modify such order, if compliance with such order would be unduly burdensome or oppressive on such provider.

(c) A court order for disclosure issued pursuant to subsection (b) of this Code section may be issued by any superior court with jurisdiction over the offense under investigation and shall only issue such court order for disclosure if any law enforcement unit, the Attorney General, or any district attorney offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this Code section, on a motion made promptly by a provider of electronic communication service or remote computing service, may quash or modify such order, if compliance with such order would be unduly burdensome or oppressive on such provider.

(d)(1) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records; (B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney, the attorney's representative, or the director of the Georgia Bureau of Investigation or the director's designee; (C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event; (D) The sources of information and method and time of preparation were such as to indicate its trustworthiness; (E) The identity of the records; and (F) A description of the mode of preparation of the records. (2) If the business has none or only part of the records described, the custodian or other qualified witness shall so state in the affidavit. (3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge of the facts, more than one affidavit shall be attached to the records produced. (4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be filed within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver.

(d)(1) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records; (B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney, the attorney's representative, or the director of the Georgia Bureau of Investigation or the director's designee; (C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event; (D) The sources of information and method and time of preparation were such as to indicate its trustworthiness; (E) The identity of the records; and (F) A description of the mode of preparation of the records.

(d)(1) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:

(A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records;

(A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records;

(B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney, the attorney's representative, or the director of the Georgia Bureau of Investigation or the director's designee;

(B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney, the attorney's representative, or the director of the Georgia Bureau of Investigation or the director's designee;

(C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event;

(C) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event;

(D) The sources of information and method and time of preparation were such as to indicate its trustworthiness;

(D) The sources of information and method and time of preparation were such as to indicate its trustworthiness;

(E) The identity of the records; and

(E) The identity of the records; and

(F) A description of the mode of preparation of the records.

(F) A description of the mode of preparation of the records.

(2) If the business has none or only part of the records described, the custodian or other qualified witness shall so state in the affidavit.

(2) If the business has none or only part of the records described, the custodian or other qualified witness shall so state in the affidavit.

(3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge of the facts, more than one affidavit shall be attached to the records produced.

(3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge of the facts, more than one affidavit shall be attached to the records produced.

(4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be filed within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver.

(4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be filed within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver.
O.C.G.A. § 16-13-26 — GA Code / Title 16 / Chapter 13 / Section 16-13-26
Georgia Code Title 16. Crimes and Offenses § 16-13-26
Status: reserved

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 substances of vegetable origin, or independently by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following: (i) Raw opium; (ii) Opium extracts; (iii) Opium fluid extracts; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Ethylmorphine; (ix) Hydrocodone; (x) Hydromorphone; (xi) Metopon; (xii) Morphine; (xiii) Oripavine; (xiv) Oxycodone; (xv) Oxymorphone; (xvi) Thebaine; (B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, except that these substances shall not include the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; (D) Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

(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 substances of vegetable origin, or independently by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following: (i) Raw opium; (ii) Opium extracts; (iii) Opium fluid extracts; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Ethylmorphine; (ix) Hydrocodone; (x) Hydromorphone; (xi) Metopon; (xii) Morphine; (xiii) Oripavine; (xiv) Oxycodone; (xv) Oxymorphone; (xvi) Thebaine;

(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following:

(i) Raw opium;

(i) Raw opium;

(ii) Opium extracts;

(ii) Opium extracts;

(iii) Opium fluid extracts;

(iii) Opium fluid extracts;

(iv) Powdered opium;

(iv) Powdered opium;

(v) Granulated opium;

(v) Granulated opium;

(vi) Tincture of opium;

(vi) Tincture of opium;

(vii) Codeine;

(vii) Codeine;

(viii) Ethylmorphine;

(viii) Ethylmorphine;

(ix) Hydrocodone;

(ix) Hydrocodone;

(x) Hydromorphone;

(x) Hydromorphone;

(xi) Metopon;

(xi) Metopon;

(xii) Morphine;

(xii) Morphine;

(xiii) Oripavine;

(xiii) Oripavine;

(xiv) Oxycodone;

(xiv) Oxycodone;

(xv) Oxymorphone;

(xv) Oxymorphone;

(xvi) Thebaine;

(xvi) Thebaine;

(B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, except that these substances shall not include the isoquinoline alkaloids of opium;

(B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, except that these substances shall not include the isoquinoline alkaloids of opium;

(C) Opium poppy and poppy straw;

(C) Opium poppy and poppy straw;

(D) Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

(D) Cocaine, coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (A) Alfentanil; (A.1) Alphaprodine; (B) Anileridine; (C) Bezitramide; (C.5) Carfentanil; (D) Dihydrocodeine; (E) Diphenoxylate; (F) Fentanyl; (G) Isomethadone; (G.5) Levo-alphacetylmethadol (some other names: levomethadyl acetate, LAAM); (H) Levomethorphan; (I) Levorphanol; (J) Methazocine; (K) Methadone; (L) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane; (M) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid; (M.3) Norfentanyl; (M.5) Oliceridine; (N) Pethidine (meperidine); (O) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; (P) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (Q) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; (R) Phenazocine; (S) Piminodine; (T) Racemethorphan; (U) Racemorphan; (U.1) Remifentanil; (V) Sufentanil; (V.1) Tapentadol; (V.2) Thiafentanil; (W) 4-anilino-N-phenethyl-4-piperidine (ANPP);

(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(A) Alfentanil;

(A) Alfentanil;

(A.1) Alphaprodine;

(A.1) Alphaprodine;

(B) Anileridine;

(B) Anileridine;

(C) Bezitramide;

(C) Bezitramide;

(C.5) Carfentanil;

(C.5) Carfentanil;

(D) Dihydrocodeine;

(D) Dihydrocodeine;

(E) Diphenoxylate;

(E) Diphenoxylate;

(F) Fentanyl;

(F) Fentanyl;

(G) Isomethadone;

(G) Isomethadone;

(G.5) Levo-alphacetylmethadol (some other names: levomethadyl acetate, LAAM);

(G.5) Levo-alphacetylmethadol (some other names: levomethadyl acetate, LAAM);

(H) Levomethorphan;

(H) Levomethorphan;

(I) Levorphanol;

(I) Levorphanol;

(J) Methazocine;

(J) Methazocine;

(K) Methadone;

(K) Methadone;

(L) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(L) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(M) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

(M) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;

(M.3) Norfentanyl;

(M.3) Norfentanyl;

(M.5) Oliceridine;

(M.5) Oliceridine;

(N) Pethidine (meperidine);

(N) Pethidine (meperidine);

(O) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(O) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(P) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(P) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(Q) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(Q) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(R) Phenazocine;

(R) Phenazocine;

(S) Piminodine;

(S) Piminodine;

(T) Racemethorphan;

(T) Racemethorphan;

(U) Racemorphan;

(U) Racemorphan;

(U.1) Remifentanil;

(U.1) Remifentanil;

(V) Sufentanil;

(V) Sufentanil;

(V.1) Tapentadol;

(V.1) Tapentadol;

(V.2) Thiafentanil;

(V.2) Thiafentanil;

(W) 4-anilino-N-phenethyl-4-piperidine (ANPP);

(W) 4-anilino-N-phenethyl-4-piperidine (ANPP);

(3) 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 stimulant effect on the central nervous system: (A) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (B) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers; (C) Phenmetrazine and its salts; (D) Methylphenidate, including its salts, isomers, and salts of isomers; (E) Reserved; (F) Nabilone; (G) Lisdexamfetamine;

(3) 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 stimulant effect on the central nervous system:

(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(B) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(B) Any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;

(C) Phenmetrazine and its salts;

(C) Phenmetrazine and its salts;

(D) Methylphenidate, including its salts, isomers, and salts of isomers;

(D) Methylphenidate, including its salts, isomers, and salts of isomers;

(E) Reserved;

(E) Reserved;

(F) Nabilone;

(F) Nabilone;

(G) Lisdexamfetamine;

(G) Lisdexamfetamine;

(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (A) Amobarbital; (A.5) Glutethimide; (B) Secobarbital; (C) Pentobarbital;

(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any of the following substances included as having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(A) Amobarbital;

(A) Amobarbital;

(A.5) Glutethimide;

(A.5) Glutethimide;

(B) Secobarbital;

(B) Secobarbital;

(C) Pentobarbital;

(C) Pentobarbital;

(5) Dronabinol in oral solution labeled in compliance with U.S. Food and Drug Administration requirements.

(5) Dronabinol in oral solution labeled in compliance with U.S. Food and Drug Administration requirements.
O.C.G.A. § 16-13-63 — GA Code / Title 16 / Chapter 13 / Section 16-13-63
Georgia Code Title 16. Crimes and Offenses § 16-13-63
Status: in_force

(a)(1) Nothing in this part shall require a dispenser to obtain information about a patient from the PDMP; provided, however, that dispensers are encouraged to obtain such information while keeping in mind that the purpose of such data base includes reducing duplicative prescribing and overprescribing of controlled substances. A dispenser shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser did or did not seek or obtain information from the PDMP. (2)(A) On and after July 1, 2018, when a prescriber is prescribing a controlled substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines, he or she shall seek and review information from the PDMP the first time he or she issues such prescription to a patient and thereafter at least once every 90 days, unless the: (i) Prescription is for no more than a three-day supply of such substance and no more than 26 pills; (ii) Patient is in a hospital or health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and prescriptions to be administered and used by a patient on the premises of the facility; (iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and the prescription is for no more than a ten-day supply of such substance and no more than 40 pills; (iv) Patient is terminally ill or under the supervised care of an outpatient hospice program; or (v) Patient is receiving treatment for cancer. (B) This paragraph shall not become effective unless the department's certification required by subsection (d) of Code Section 16-13-57 has been issued. (C) A prescriber who violates this paragraph shall be held administratively accountable to the state regulatory board governing such prescriber but shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that such prescriber did or did not seek or obtain information from such data base when prescribing such substance. (3) A prescriber who has reviewed information from the PDMP shall make or cause to be made a notation in the patient's medical record stating the date and time upon which such inquiry was made and identifying the individual's name who made such search and review. If the PDMP does not allow access to such individual, a notation to that effect shall also be made containing the same information of date, time, and individual's name. (4) Nothing in this part shall require a prescriber to obtain information from the PDMP when he or she is prescribing a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance for a patient other than those controlled substances listed in paragraph (1) or (2) of Code Section 16-13-26 and benzodiazepines. Such prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the prescriber did or did not seek or obtain information from such data base when prescribing such a substance.

(a)(1) Nothing in this part shall require a dispenser to obtain information about a patient from the PDMP; provided, however, that dispensers are encouraged to obtain such information while keeping in mind that the purpose of such data base includes reducing duplicative prescribing and overprescribing of controlled substances. A dispenser shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser did or did not seek or obtain information from the PDMP.

(a)(1) Nothing in this part shall require a dispenser to obtain information about a patient from the PDMP; provided, however, that dispensers are encouraged to obtain such information while keeping in mind that the purpose of such data base includes reducing duplicative prescribing and overprescribing of controlled substances. A dispenser shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the dispenser did or did not seek or obtain information from the PDMP.

(2)(A) On and after July 1, 2018, when a prescriber is prescribing a controlled substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines, he or she shall seek and review information from the PDMP the first time he or she issues such prescription to a patient and thereafter at least once every 90 days, unless the: (i) Prescription is for no more than a three-day supply of such substance and no more than 26 pills; (ii) Patient is in a hospital or health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and prescriptions to be administered and used by a patient on the premises of the facility; (iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and the prescription is for no more than a ten-day supply of such substance and no more than 40 pills; (iv) Patient is terminally ill or under the supervised care of an outpatient hospice program; or (v) Patient is receiving treatment for cancer. (B) This paragraph shall not become effective unless the department's certification required by subsection (d) of Code Section 16-13-57 has been issued. (C) A prescriber who violates this paragraph shall be held administratively accountable to the state regulatory board governing such prescriber but shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that such prescriber did or did not seek or obtain information from such data base when prescribing such substance.

(2)(A) On and after July 1, 2018, when a prescriber is prescribing a controlled substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines, he or she shall seek and review information from the PDMP the first time he or she issues such prescription to a patient and thereafter at least once every 90 days, unless the: (i) Prescription is for no more than a three-day supply of such substance and no more than 26 pills; (ii) Patient is in a hospital or health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and prescriptions to be administered and used by a patient on the premises of the facility; (iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and the prescription is for no more than a ten-day supply of such substance and no more than 40 pills; (iv) Patient is terminally ill or under the supervised care of an outpatient hospice program; or (v) Patient is receiving treatment for cancer.

(2)(A) On and after July 1, 2018, when a prescriber is prescribing a controlled substance listed in paragraph (1) or (2) of Code Section 16-13-26 or benzodiazepines, he or she shall seek and review information from the PDMP the first time he or she issues such prescription to a patient and thereafter at least once every 90 days, unless the:

(i) Prescription is for no more than a three-day supply of such substance and no more than 26 pills;

(i) Prescription is for no more than a three-day supply of such substance and no more than 26 pills;

(ii) Patient is in a hospital or health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and prescriptions to be administered and used by a patient on the premises of the facility;

(ii) Patient is in a hospital or health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides patient care and prescriptions to be administered and used by a patient on the premises of the facility;

(iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and the prescription is for no more than a ten-day supply of such substance and no more than 40 pills;

(iii) Patient has had outpatient surgery at a hospital or ambulatory surgical center and the prescription is for no more than a ten-day supply of such substance and no more than 40 pills;

(iv) Patient is terminally ill or under the supervised care of an outpatient hospice program; or

(iv) Patient is terminally ill or under the supervised care of an outpatient hospice program; or

(v) Patient is receiving treatment for cancer.

(v) Patient is receiving treatment for cancer.

(B) This paragraph shall not become effective unless the department's certification required by subsection (d) of Code Section 16-13-57 has been issued.

(B) This paragraph shall not become effective unless the department's certification required by subsection (d) of Code Section 16-13-57 has been issued.

(C) A prescriber who violates this paragraph shall be held administratively accountable to the state regulatory board governing such prescriber but shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that such prescriber did or did not seek or obtain information from such data base when prescribing such substance.

(C) A prescriber who violates this paragraph shall be held administratively accountable to the state regulatory board governing such prescriber but shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that such prescriber did or did not seek or obtain information from such data base when prescribing such substance.

(3) A prescriber who has reviewed information from the PDMP shall make or cause to be made a notation in the patient's medical record stating the date and time upon which such inquiry was made and identifying the individual's name who made such search and review. If the PDMP does not allow access to such individual, a notation to that effect shall also be made containing the same information of date, time, and individual's name.

(3) A prescriber who has reviewed information from the PDMP shall make or cause to be made a notation in the patient's medical record stating the date and time upon which such inquiry was made and identifying the individual's name who made such search and review. If the PDMP does not allow access to such individual, a notation to that effect shall also be made containing the same information of date, time, and individual's name.

(4) Nothing in this part shall require a prescriber to obtain information from the PDMP when he or she is prescribing a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance for a patient other than those controlled substances listed in paragraph (1) or (2) of Code Section 16-13-26 and benzodiazepines. Such prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the prescriber did or did not seek or obtain information from such data base when prescribing such a substance.

(4) Nothing in this part shall require a prescriber to obtain information from the PDMP when he or she is prescribing a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance for a patient other than those controlled substances listed in paragraph (1) or (2) of Code Section 16-13-26 and benzodiazepines. Such prescriber shall not have a duty and shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property on the basis that the prescriber did or did not seek or obtain information from such data base when prescribing such a substance.

(b) Except as provided in paragraphs (2) and (4) of subsection (a) of this Code section, a person who is injured by reason of any violation of this part shall have a cause of action for the actual damages sustained and, when appropriate, punitive damages; provided, however, that a dispenser or prescriber acting in good faith shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property for receiving or using information from the PDMP. Such injured person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred.

(b) Except as provided in paragraphs (2) and (4) of subsection (a) of this Code section, a person who is injured by reason of any violation of this part shall have a cause of action for the actual damages sustained and, when appropriate, punitive damages; provided, however, that a dispenser or prescriber acting in good faith shall not be held civilly liable for damages to any person in any civil or administrative action or criminally responsible for injury, death, or loss to person or property for receiving or using information from the PDMP. Such injured person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred.
O.C.G.A. § 16-14-3 — GA Code / Title 16 / Chapter 14 / Section 16-14-3
Georgia Code Title 16. Crimes and Offenses § 16-14-3
Status: in_force

As used in this chapter, the term:

(1) “ Civil forfeiture proceeding ” shall have the same meaning as set forth in Code Section 9-16-2 .

(1) “ Civil forfeiture proceeding ” shall have the same meaning as set forth in Code Section 9-16-2 .

(2) “ Criminal proceeding ” means any criminal proceeding commenced by the Department of Law or the office of any district attorney under any provision of this chapter.

(2) “ Criminal proceeding ” means any criminal proceeding commenced by the Department of Law or the office of any district attorney under any provision of this chapter.

(3) “ Enterprise ” means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities.

(3) “ Enterprise ” means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities.

(4) “ Pattern of racketeering activity ” means: (A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or (B) Engaging in any one or more acts of domestic terrorism as described in paragraph (2) of Code Section 16-11-220 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto.

(4) “ Pattern of racketeering activity ” means:

(A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or

(A) Engaging in at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such acts occurred after July 1, 1980, and that the last of such acts occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity; or

(B) Engaging in any one or more acts of domestic terrorism as described in paragraph (2) of Code Section 16-11-220 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto.

(B) Engaging in any one or more acts of domestic terrorism as described in paragraph (2) of Code Section 16-11-220 or any criminal attempt, criminal solicitation, or criminal conspiracy related thereto.

(5)(A) “ Racketeering activity ” means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the laws of this state involving: (i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27 ; (ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7; (iii) The “Georgia Uniform Securities Act of 2008” in violation of Chapter 5 of Title 10; (iv) Homicide in violation of Article 1 of Chapter 5 of this title; (v) Assault and battery in violation of Article 2 of Chapter 5 of this title; (vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title; (vii) Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12 ; (viii) Burglary in violation of Code Section 16-7-1 ; (ix) Smash and grab burglary in violation of Code Section 16-7-2 ; (x) Arson and explosives in violation of Article 3 of Chapter 7 of this title; (xi) Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title; (xii) Theft in violation of Article 1 of Chapter 8 of this title; (xiii) Robbery in violation of Article 2 of Chapter 8 of this title; (xiv) Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title; (xv) The “Georgia Residential Mortgage Fraud Act” in violation of Article 5 of Chapter 8 of this title; (xvi) Forgery in any degree in violation of Code Section 16-9-1 ; (xvii) Illegal use of financial transaction cards in violation of Code Sections 16-9-31 , 16-9-32 , 16-9-33 , and 16-9-34 ; (xviii) Use of an article with an altered identification mark in violation of Code Section 16-9-70 ; (xix) The “Georgia Computer Systems Protection Act” in violation of Article 6 of Chapter 9 of this title; (xx) Identity fraud in violation of Article 8 of Chapter 9 of this title; (xxi) Bribery in violation of Code Section 16-10-2 ; (xxii) False statements and writings or false lien statements against public officers or public employees in violation of Code Section 16-10-20 or 16-10-20.1 ; (xxiii) Impersonating a public officer or employee in violation of Code Section 16-10-23 ; (xxiv) Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32 ; (xxv) Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title; (xxvi) Embracery in violation of Code Section 16-10-91 ; (xxvii) Influencing witnesses in violation of Code Section 16-10-93 ; (xxviii) Tampering with evidence in violation of Code Section 16-10-94 ; (xxix) Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97 ; (xxx) Terroristic threats and acts in violation of Code Section 16-11-37 ; (xxxi) The “Georgia Firearms and Weapons Act” in violation of Part 2 of Article 4 of Chapter 11 of this title; (xxxii) Commercial gambling in violation of Code Section 16-12-22 ; (xxxiii) Distributing obscene materials in violation of Code Section 16-12-80 ; (xxxiv) The “Georgia Controlled Substances Act” in violation of Article 2 of Chapter 13 of this title; (xxxv) The “Dangerous Drug Act” in violation of Article 3 of Chapter 13 of this title; (xxxvi) Marijuana in violation of subsection (j) of Code Section 16-13-30 ; (xxxvii) Payday loans in violation of Chapter 17 of this title; (xxxviii) Insurance fraud in violation of Code Section 33-1-9 ; (xxxix) Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90 ; (xl) Removal or falsification of identification numbers in violation of Code Section 40-4-21 ; (xli) Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22 ; (xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons; or (xliii) Offenses enumerated in Code Section 16-12-37 . (B) “ Racketeering activity ” shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States, any territory of the United States, or any state and which is punishable by imprisonment for more than one year. (C) “Racketeering activity” shall also mean any conduct defined as “racketeering activity” under 18 U.S.C. Section 1961 (1) , any violation of 18 U.S.C. Section 1028 , or any violation of 31 U.S.C. Sections 5311 through 5330 .

(5)(A) “ Racketeering activity ” means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the laws of this state involving: (i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27 ; (ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7; (iii) The “Georgia Uniform Securities Act of 2008” in violation of Chapter 5 of Title 10; (iv) Homicide in violation of Article 1 of Chapter 5 of this title; (v) Assault and battery in violation of Article 2 of Chapter 5 of this title; (vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title; (vii) Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12 ; (viii) Burglary in violation of Code Section 16-7-1 ; (ix) Smash and grab burglary in violation of Code Section 16-7-2 ; (x) Arson and explosives in violation of Article 3 of Chapter 7 of this title; (xi) Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title; (xii) Theft in violation of Article 1 of Chapter 8 of this title; (xiii) Robbery in violation of Article 2 of Chapter 8 of this title; (xiv) Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title; (xv) The “Georgia Residential Mortgage Fraud Act” in violation of Article 5 of Chapter 8 of this title; (xvi) Forgery in any degree in violation of Code Section 16-9-1 ; (xvii) Illegal use of financial transaction cards in violation of Code Sections 16-9-31 , 16-9-32 , 16-9-33 , and 16-9-34 ; (xviii) Use of an article with an altered identification mark in violation of Code Section 16-9-70 ; (xix) The “Georgia Computer Systems Protection Act” in violation of Article 6 of Chapter 9 of this title; (xx) Identity fraud in violation of Article 8 of Chapter 9 of this title; (xxi) Bribery in violation of Code Section 16-10-2 ; (xxii) False statements and writings or false lien statements against public officers or public employees in violation of Code Section 16-10-20 or 16-10-20.1 ; (xxiii) Impersonating a public officer or employee in violation of Code Section 16-10-23 ; (xxiv) Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32 ; (xxv) Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title; (xxvi) Embracery in violation of Code Section 16-10-91 ; (xxvii) Influencing witnesses in violation of Code Section 16-10-93 ; (xxviii) Tampering with evidence in violation of Code Section 16-10-94 ; (xxix) Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97 ; (xxx) Terroristic threats and acts in violation of Code Section 16-11-37 ; (xxxi) The “Georgia Firearms and Weapons Act” in violation of Part 2 of Article 4 of Chapter 11 of this title; (xxxii) Commercial gambling in violation of Code Section 16-12-22 ; (xxxiii) Distributing obscene materials in violation of Code Section 16-12-80 ; (xxxiv) The “Georgia Controlled Substances Act” in violation of Article 2 of Chapter 13 of this title; (xxxv) The “Dangerous Drug Act” in violation of Article 3 of Chapter 13 of this title; (xxxvi) Marijuana in violation of subsection (j) of Code Section 16-13-30 ; (xxxvii) Payday loans in violation of Chapter 17 of this title; (xxxviii) Insurance fraud in violation of Code Section 33-1-9 ; (xxxix) Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90 ; (xl) Removal or falsification of identification numbers in violation of Code Section 40-4-21 ; (xli) Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22 ; (xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons; or (xliii) Offenses enumerated in Code Section 16-12-37 .

(5)(A) “ Racketeering activity ” means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the laws of this state involving:

(i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27 ;

(i) Unlawful distillation, manufacture, and transportation of alcoholic beverages in violation of Code Section 3-3-27 ;

(ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7;

(ii) Records and reports of currency transactions in violation of Article 11 of Chapter 1 of Title 7;

(iii) The “Georgia Uniform Securities Act of 2008” in violation of Chapter 5 of Title 10;

(iii) The “Georgia Uniform Securities Act of 2008” in violation of Chapter 5 of Title 10;

(iv) Homicide in violation of Article 1 of Chapter 5 of this title;

(iv) Homicide in violation of Article 1 of Chapter 5 of this title;

(v) Assault and battery in violation of Article 2 of Chapter 5 of this title;

(v) Assault and battery in violation of Article 2 of Chapter 5 of this title;

(vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title;

(vi) Kidnapping, false imprisonment, and related offenses in violation of Article 3 of Chapter 5 of this title;

(vii) Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12 ;

(vii) Prostitution, keeping a place of prostitution, pimping, and pandering in violation of Code Sections 16-6-9 through 16-6-12 ;

(viii) Burglary in violation of Code Section 16-7-1 ;

(viii) Burglary in violation of Code Section 16-7-1 ;

(ix) Smash and grab burglary in violation of Code Section 16-7-2 ;

(ix) Smash and grab burglary in violation of Code Section 16-7-2 ;

(x) Arson and explosives in violation of Article 3 of Chapter 7 of this title;

(x) Arson and explosives in violation of Article 3 of Chapter 7 of this title;

(xi) Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title;

(xi) Bombs, explosives, and chemical and biological weapons in violation of Article 4 of Chapter 7 of this title;

(xii) Theft in violation of Article 1 of Chapter 8 of this title;

(xii) Theft in violation of Article 1 of Chapter 8 of this title;

(xiii) Robbery in violation of Article 2 of Chapter 8 of this title;

(xiii) Robbery in violation of Article 2 of Chapter 8 of this title;

(xiv) Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title;

(xiv) Criminal reproduction and sale of recorded material in violation of Article 3 of Chapter 8 of this title;

(xv) The “Georgia Residential Mortgage Fraud Act” in violation of Article 5 of Chapter 8 of this title;

(xv) The “Georgia Residential Mortgage Fraud Act” in violation of Article 5 of Chapter 8 of this title;

(xvi) Forgery in any degree in violation of Code Section 16-9-1 ;

(xvi) Forgery in any degree in violation of Code Section 16-9-1 ;

(xvii) Illegal use of financial transaction cards in violation of Code Sections 16-9-31 , 16-9-32 , 16-9-33 , and 16-9-34 ;

(xvii) Illegal use of financial transaction cards in violation of Code Sections 16-9-31 , 16-9-32 , 16-9-33 , and 16-9-34 ;

(xviii) Use of an article with an altered identification mark in violation of Code Section 16-9-70 ;

(xviii) Use of an article with an altered identification mark in violation of Code Section 16-9-70 ;

(xix) The “Georgia Computer Systems Protection Act” in violation of Article 6 of Chapter 9 of this title;

(xix) The “Georgia Computer Systems Protection Act” in violation of Article 6 of Chapter 9 of this title;

(xx) Identity fraud in violation of Article 8 of Chapter 9 of this title;

(xx) Identity fraud in violation of Article 8 of Chapter 9 of this title;

(xxi) Bribery in violation of Code Section 16-10-2 ;

(xxi) Bribery in violation of Code Section 16-10-2 ;

(xxii) False statements and writings or false lien statements against public officers or public employees in violation of Code Section 16-10-20 or 16-10-20.1 ;

(xxii) False statements and writings or false lien statements against public officers or public employees in violation of Code Section 16-10-20 or 16-10-20.1 ;

(xxiii) Impersonating a public officer or employee in violation of Code Section 16-10-23 ;

(xxiii) Impersonating a public officer or employee in violation of Code Section 16-10-23 ;

(xxiv) Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32 ;

(xxiv) Attempted murder or threatening of witnesses in official proceedings in violation of Code Section 16-10-32 ;

(xxv) Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title;

(xxv) Perjury and other related offenses in violation of Article 4 of Chapter 10 of this title;

(xxvi) Embracery in violation of Code Section 16-10-91 ;

(xxvi) Embracery in violation of Code Section 16-10-91 ;

(xxvii) Influencing witnesses in violation of Code Section 16-10-93 ;

(xxvii) Influencing witnesses in violation of Code Section 16-10-93 ;

(xxviii) Tampering with evidence in violation of Code Section 16-10-94 ;

(xxviii) Tampering with evidence in violation of Code Section 16-10-94 ;

(xxix) Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97 ;

(xxix) Intimidation or injury of grand or trial juror or court officer in violation of Code Section 16-10-97 ;

(xxx) Terroristic threats and acts in violation of Code Section 16-11-37 ;

(xxx) Terroristic threats and acts in violation of Code Section 16-11-37 ;

(xxxi) The “Georgia Firearms and Weapons Act” in violation of Part 2 of Article 4 of Chapter 11 of this title;

(xxxi) The “Georgia Firearms and Weapons Act” in violation of Part 2 of Article 4 of Chapter 11 of this title;

(xxxii) Commercial gambling in violation of Code Section 16-12-22 ;

(xxxii) Commercial gambling in violation of Code Section 16-12-22 ;

(xxxiii) Distributing obscene materials in violation of Code Section 16-12-80 ;

(xxxiii) Distributing obscene materials in violation of Code Section 16-12-80 ;

(xxxiv) The “Georgia Controlled Substances Act” in violation of Article 2 of Chapter 13 of this title;

(xxxiv) The “Georgia Controlled Substances Act” in violation of Article 2 of Chapter 13 of this title;

(xxxv) The “Dangerous Drug Act” in violation of Article 3 of Chapter 13 of this title;

(xxxv) The “Dangerous Drug Act” in violation of Article 3 of Chapter 13 of this title;

(xxxvi) Marijuana in violation of subsection (j) of Code Section 16-13-30 ;

(xxxvi) Marijuana in violation of subsection (j) of Code Section 16-13-30 ;

(xxxvii) Payday loans in violation of Chapter 17 of this title;

(xxxvii) Payday loans in violation of Chapter 17 of this title;

(xxxviii) Insurance fraud in violation of Code Section 33-1-9 ;

(xxxviii) Insurance fraud in violation of Code Section 33-1-9 ;

(xxxix) Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90 ;

(xxxix) Certain felonies involving certificates of title, security interest, or liens in violation of Code Section 40-3-90 ;

(xl) Removal or falsification of identification numbers in violation of Code Section 40-4-21 ;

(xl) Removal or falsification of identification numbers in violation of Code Section 40-4-21 ;

(xli) Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22 ;

(xli) Possession of motor vehicle parts from which the identification has been removed in violation of Code Section 40-4-22 ;

(xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons; or

(xlii) Article 8 of Chapter 5 of Title 16, relating to protection of elder persons; or

(xliii) Offenses enumerated in Code Section 16-12-37 .

(xliii) Offenses enumerated in Code Section 16-12-37 .

(B) “ Racketeering activity ” shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States, any territory of the United States, or any state and which is punishable by imprisonment for more than one year.

(B) “ Racketeering activity ” shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States, any territory of the United States, or any state and which is punishable by imprisonment for more than one year.

(C) “Racketeering activity” shall also mean any conduct defined as “racketeering activity” under 18 U.S.C. Section 1961 (1) , any violation of 18 U.S.C. Section 1028 , or any violation of 31 U.S.C. Sections 5311 through 5330 .

(C) “Racketeering activity” shall also mean any conduct defined as “racketeering activity” under 18 U.S.C. Section 1961 (1) , any violation of 18 U.S.C. Section 1028 , or any violation of 31 U.S.C. Sections 5311 through 5330 .

(6) “ Real property ” means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.

(6) “ Real property ” means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
O.C.G.A. § 16-12-212 — GA Code / Title 16 / Chapter 12 / Section 16-12-212
Georgia Code Title 16. Crimes and Offenses § 16-12-212
Status: in_force

(a) The commission may issue up to four Class 2 production licenses. A Class 2 production licensee shall be authorized to: (1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 50,000 square feet of cultivation space; and (2) Manufacture low THC oil and products.

(a) The commission may issue up to four Class 2 production licenses. A Class 2 production licensee shall be authorized to:

(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 50,000 square feet of cultivation space; and

(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 50,000 square feet of cultivation space; and

(2) Manufacture low THC oil and products.

(2) Manufacture low THC oil and products.

(b) Class 2 production licenses shall be issued to applicants selected by the commission following a competitive application and review process in accordance with the requirements set forth in this part. An applicant must be a Georgia corporation or entity and shall maintain a bank account with a bank or credit union located in this state. An applicant for a Class 2 production license shall submit an application on a form established by the commission, together with the following information: (1) Proof of available capital to make the investments needed to safely, securely, and promptly perform all required functions of a licensee. Prior to issuance of a Class 2 production license, the applicant shall provide written documentation showing that on the date of application and award such applicant holds at least $1.25 million in available cash reserves to invest in operations in this state; (2) A written production plan detailing the production processes that, at a minimum, includes details describing how the chain of custody will be maintained, documented, and made available for review by the commission or the Georgia Bureau of Investigation. Production processes shall include compliance with all production standards, laws, and regulations needed to protect public safety and ensure product purity; (3) A comprehensive security plan that ensures compliance with the applicable laws of this state. At a minimum, a security plan shall include a 24 hours per day, seven days per week interior and exterior video monitoring and intrusion detection monitoring system, recording and video storage capabilities for all facilities, and licensed security personnel. The entire premises of licensees shall be equipped with a centralized access control system capable of generating detailed reports of access logs for a minimum of one year. All videos, access logs, and any other monitoring data shall be available to the Georgia Bureau of Investigation upon request. The commission is authorized to set requirements for the minimum technology, resolution, and storage capacity of at least 45 days for the video recording capabilities of licensees; (4) A written plan detailing specific security measures to ensure secured transportation and tracking of delivered products for intrafacility transportation; (5) A detailed employment plan specifying the jobs and salaries of employees and demonstrating the expected economic impact of proposed activities in Georgia; (6) A written plan to ensure that no pesticides are used at any point in the production process other than those certified organic by the Organic Materials Review Institute or another similar standards organization; (7) Detailed designs of all production facilities; (8) Letters of support from one or more local governmental entities where the primary facilities will be located; (9) A demonstration of significant involvement in the business by one or more minority business enterprises as defined in Code Section 50-5-131 , either as co-owners of the business or as significant suppliers of goods and services for the business. Such applicants shall be encouraged to form business relationships with Georgia agricultural businesses and military veterans; (10) Documentation of the applicant's industry capabilities and management experience. The commission shall consider the relevant industry experience and strength of the applicant's management team and board of directors when considering its merits; (11) Sufficient documentation to prove that a $625,000.00 cash bond or for any licenses that are applied for on or after July 1, 2021, other comparable surety as determined by the commission, payable to the State of Georgia or an irrevocable letter of credit can be obtained within 30 days of license award. Failure to provide the requisite bond or letter of credit within 30 days of the license award date shall be cause for revocation of the license; (12) At least one set of classifiable electronically recorded fingerprints submitted to the commission in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The commission shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the commission shall review the record for all owners, officers, and employees of the applicant demonstrating a lack of convictions, except for felony convictions that are greater than ten years old, are not drug related, or have been expunged or pardoned; and (13) A description of any efforts made by the applicant to create jobs or locate facilities in tier one or tier two counties as defined in Code Section 48-7-40 .

(b) Class 2 production licenses shall be issued to applicants selected by the commission following a competitive application and review process in accordance with the requirements set forth in this part. An applicant must be a Georgia corporation or entity and shall maintain a bank account with a bank or credit union located in this state. An applicant for a Class 2 production license shall submit an application on a form established by the commission, together with the following information:

(1) Proof of available capital to make the investments needed to safely, securely, and promptly perform all required functions of a licensee. Prior to issuance of a Class 2 production license, the applicant shall provide written documentation showing that on the date of application and award such applicant holds at least $1.25 million in available cash reserves to invest in operations in this state;

(1) Proof of available capital to make the investments needed to safely, securely, and promptly perform all required functions of a licensee. Prior to issuance of a Class 2 production license, the applicant shall provide written documentation showing that on the date of application and award such applicant holds at least $1.25 million in available cash reserves to invest in operations in this state;

(2) A written production plan detailing the production processes that, at a minimum, includes details describing how the chain of custody will be maintained, documented, and made available for review by the commission or the Georgia Bureau of Investigation. Production processes shall include compliance with all production standards, laws, and regulations needed to protect public safety and ensure product purity;

(2) A written production plan detailing the production processes that, at a minimum, includes details describing how the chain of custody will be maintained, documented, and made available for review by the commission or the Georgia Bureau of Investigation. Production processes shall include compliance with all production standards, laws, and regulations needed to protect public safety and ensure product purity;

(3) A comprehensive security plan that ensures compliance with the applicable laws of this state. At a minimum, a security plan shall include a 24 hours per day, seven days per week interior and exterior video monitoring and intrusion detection monitoring system, recording and video storage capabilities for all facilities, and licensed security personnel. The entire premises of licensees shall be equipped with a centralized access control system capable of generating detailed reports of access logs for a minimum of one year. All videos, access logs, and any other monitoring data shall be available to the Georgia Bureau of Investigation upon request. The commission is authorized to set requirements for the minimum technology, resolution, and storage capacity of at least 45 days for the video recording capabilities of licensees;

(3) A comprehensive security plan that ensures compliance with the applicable laws of this state. At a minimum, a security plan shall include a 24 hours per day, seven days per week interior and exterior video monitoring and intrusion detection monitoring system, recording and video storage capabilities for all facilities, and licensed security personnel. The entire premises of licensees shall be equipped with a centralized access control system capable of generating detailed reports of access logs for a minimum of one year. All videos, access logs, and any other monitoring data shall be available to the Georgia Bureau of Investigation upon request. The commission is authorized to set requirements for the minimum technology, resolution, and storage capacity of at least 45 days for the video recording capabilities of licensees;

(4) A written plan detailing specific security measures to ensure secured transportation and tracking of delivered products for intrafacility transportation;

(4) A written plan detailing specific security measures to ensure secured transportation and tracking of delivered products for intrafacility transportation;

(5) A detailed employment plan specifying the jobs and salaries of employees and demonstrating the expected economic impact of proposed activities in Georgia;

(5) A detailed employment plan specifying the jobs and salaries of employees and demonstrating the expected economic impact of proposed activities in Georgia;

(6) A written plan to ensure that no pesticides are used at any point in the production process other than those certified organic by the Organic Materials Review Institute or another similar standards organization;

(6) A written plan to ensure that no pesticides are used at any point in the production process other than those certified organic by the Organic Materials Review Institute or another similar standards organization;

(7) Detailed designs of all production facilities;

(7) Detailed designs of all production facilities;

(8) Letters of support from one or more local governmental entities where the primary facilities will be located;

(8) Letters of support from one or more local governmental entities where the primary facilities will be located;

(9) A demonstration of significant involvement in the business by one or more minority business enterprises as defined in Code Section 50-5-131 , either as co-owners of the business or as significant suppliers of goods and services for the business. Such applicants shall be encouraged to form business relationships with Georgia agricultural businesses and military veterans;

(9) A demonstration of significant involvement in the business by one or more minority business enterprises as defined in Code Section 50-5-131 , either as co-owners of the business or as significant suppliers of goods and services for the business. Such applicants shall be encouraged to form business relationships with Georgia agricultural businesses and military veterans;

(10) Documentation of the applicant's industry capabilities and management experience. The commission shall consider the relevant industry experience and strength of the applicant's management team and board of directors when considering its merits;

(10) Documentation of the applicant's industry capabilities and management experience. The commission shall consider the relevant industry experience and strength of the applicant's management team and board of directors when considering its merits;

(11) Sufficient documentation to prove that a $625,000.00 cash bond or for any licenses that are applied for on or after July 1, 2021, other comparable surety as determined by the commission, payable to the State of Georgia or an irrevocable letter of credit can be obtained within 30 days of license award. Failure to provide the requisite bond or letter of credit within 30 days of the license award date shall be cause for revocation of the license;

(11) Sufficient documentation to prove that a $625,000.00 cash bond or for any licenses that are applied for on or after July 1, 2021, other comparable surety as determined by the commission, payable to the State of Georgia or an irrevocable letter of credit can be obtained within 30 days of license award. Failure to provide the requisite bond or letter of credit within 30 days of the license award date shall be cause for revocation of the license;

(12) At least one set of classifiable electronically recorded fingerprints submitted to the commission in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The commission shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the commission shall review the record for all owners, officers, and employees of the applicant demonstrating a lack of convictions, except for felony convictions that are greater than ten years old, are not drug related, or have been expunged or pardoned; and

(12) At least one set of classifiable electronically recorded fingerprints submitted to the commission in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The commission shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the commission shall review the record for all owners, officers, and employees of the applicant demonstrating a lack of convictions, except for felony convictions that are greater than ten years old, are not drug related, or have been expunged or pardoned; and

(13) A description of any efforts made by the applicant to create jobs or locate facilities in tier one or tier two counties as defined in Code Section 48-7-40 .

(13) A description of any efforts made by the applicant to create jobs or locate facilities in tier one or tier two counties as defined in Code Section 48-7-40 .

(c) An applicant for a Class 2 production license shall submit a nonrefundable application fee in the amount of $5,000.00 concurrent with submission of the application.

(c) An applicant for a Class 2 production license shall submit a nonrefundable application fee in the amount of $5,000.00 concurrent with submission of the application.

(d) Upon award of a Class 2 production license, an applicant shall be required to submit an initial license fee of $100,000.00, and upon annual renewal, a license renewal fee of $50,000.00.

(d) Upon award of a Class 2 production license, an applicant shall be required to submit an initial license fee of $100,000.00, and upon annual renewal, a license renewal fee of $50,000.00.

(e) A Class 2 production license shall be revoked if the licensee is not operational within 12 months of the award date.

(e) A Class 2 production license shall be revoked if the licensee is not operational within 12 months of the award date.

(f)(1) No person or entity holding an ownership interest in a license issued under this Code section may hold an ownership interest in any other type of license issued under this part. (2) No person or entity or director or officer of such entity may hold an ownership interest in more than one Class 2 production license at any one time. (3) Ownership interests in more than one license shall be cause for revocation of all licenses.

(f)(1) No person or entity holding an ownership interest in a license issued under this Code section may hold an ownership interest in any other type of license issued under this part.

(f)(1) No person or entity holding an ownership interest in a license issued under this Code section may hold an ownership interest in any other type of license issued under this part.

(2) No person or entity or director or officer of such entity may hold an ownership interest in more than one Class 2 production license at any one time.

(2) No person or entity or director or officer of such entity may hold an ownership interest in more than one Class 2 production license at any one time.

(3) Ownership interests in more than one license shall be cause for revocation of all licenses.

(3) Ownership interests in more than one license shall be cause for revocation of all licenses.
O.C.G.A. § 16-5-45 — GA Code / Title 16 / Chapter 5 / Section 16-5-45
Georgia Code Title 16. Crimes and Offenses § 16-5-45
Status: in_force

(a) As used in this Code section, the term: (1) “ Child ” means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a dependent child or a child in need of services as such terms are defined in Code Section 15-11-2 . (2) “ Committed person ” means any child or other person whose custody is entrusted to another individual by authority of law. (3) “ Lawful custody ” means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-133 , or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction. (4) “ Service provider ” means an entity that is registered with the Department of Human Services pursuant to Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or an agent or employee acting on behalf of such entity or child welfare agency.

(a) As used in this Code section, the term:

(1) “ Child ” means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a dependent child or a child in need of services as such terms are defined in Code Section 15-11-2 .

(1) “ Child ” means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a dependent child or a child in need of services as such terms are defined in Code Section 15-11-2 .

(2) “ Committed person ” means any child or other person whose custody is entrusted to another individual by authority of law.

(2) “ Committed person ” means any child or other person whose custody is entrusted to another individual by authority of law.

(3) “ Lawful custody ” means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-133 , or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction.

(3) “ Lawful custody ” means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-133 , or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction.

(4) “ Service provider ” means an entity that is registered with the Department of Human Services pursuant to Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or an agent or employee acting on behalf of such entity or child welfare agency.

(4) “ Service provider ” means an entity that is registered with the Department of Human Services pursuant to Article 7 of Chapter 5 of Title 49 or a child welfare agency as defined in Code Section 49-5-12 or an agent or employee acting on behalf of such entity or child welfare agency.

(b)(1) A person commits the offense of interference with custody when without lawful authority to do so, the person: (A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person; (B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if: (i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5 ; (ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person. (2) A person convicted of the offense of interference with custody shall be punished as follows: (A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500. 00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned; (B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and (C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

(b)(1) A person commits the offense of interference with custody when without lawful authority to do so, the person: (A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person; (B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if: (i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5 ; (ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.

(b)(1) A person commits the offense of interference with custody when without lawful authority to do so, the person:

(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;

(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;

(B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if: (i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5 ; (ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or (iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if:

(i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5 ;

(i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5 ;

(ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.

(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.

(2) A person convicted of the offense of interference with custody shall be punished as follows: (A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500. 00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned; (B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and (C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

(2) A person convicted of the offense of interference with custody shall be punished as follows:

(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500. 00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;

(A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500. 00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;

(B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and

(B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and

(C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

(C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

(c)(1) A person commits the offense of interstate interference with custody when without lawful authority to do so the person knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state. (2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation. (3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.

(c)(1) A person commits the offense of interstate interference with custody when without lawful authority to do so the person knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state.

(c)(1) A person commits the offense of interstate interference with custody when without lawful authority to do so the person knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state.

(2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation.

(2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation.

(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.

(3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years.
O.C.G.A. § 16-12-60 — GA Code / Title 16 / Chapter 12 / Section 16-12-60
Georgia Code Title 16. Crimes and Offenses § 16-12-60
Status: in_force

(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; (2) An itemized list of all expenses other than prizes that are incurred in the conducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses; (3) A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $ 50.00 or more in value; (4) An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed; and (5) A record of the number of persons who participate in any bingo session conducted by the licensee.

(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;

(1) An itemized list of the gross receipts for each session;

(2) An itemized list of all expenses other than prizes that are incurred in the conducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses;

(2) An itemized list of all expenses other than prizes that are incurred in the conducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses;

(3) A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $ 50.00 or more in value;

(3) A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $ 50.00 or more in value;

(4) An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed; and

(4) An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed; and

(5) A record of the number of persons who participate in any bingo session conducted by the licensee.

(5) A record of the number of persons who participate in any bingo session conducted by the licensee.

(b) A licensee shall: (1) Own all the equipment used to conduct a bingo game or lease such equipment; (2) Display its bingo license conspicuously at the location where the bingo game is conducted; (3) Conduct bingo games only at the single location specified in the licensee's application; and (4) Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours.

(b) A licensee shall:

(1) Own all the equipment used to conduct a bingo game or lease such equipment;

(1) Own all the equipment used to conduct a bingo game or lease such equipment;

(2) Display its bingo license conspicuously at the location where the bingo game is conducted;

(2) Display its bingo license conspicuously at the location where the bingo game is conducted;

(3) Conduct bingo games only at the single location specified in the licensee's application; and

(3) Conduct bingo games only at the single location specified in the licensee's application; and

(4) Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours.

(4) Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours.

(c) No nonprofit, tax-exempt organization shall enter into any contract with any individual, firm, association, or corporation to have such individual, firm, association, or corporation operate bingo games or concessions on behalf of the nonprofit, tax-exempt organization.

(c) No nonprofit, tax-exempt organization shall enter into any contract with any individual, firm, association, or corporation to have such individual, firm, association, or corporation operate bingo games or concessions on behalf of the nonprofit, tax-exempt organization.

(d) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a bingo game in which said nonprofit, tax-exempt organization is not directly and solely operating the bingo game.

(d) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a bingo game in which said nonprofit, tax-exempt organization is not directly and solely operating the bingo game.

(e) It shall be unlawful for two or more nonprofit, tax-exempt organizations which are properly licensed pursuant to this part to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period.

(e) It shall be unlawful for two or more nonprofit, tax-exempt organizations which are properly licensed pursuant to this part to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period.

(f) It shall be unlawful to award prizes in excess of $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limitation at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limitation contained in this Code section. The term “ equivalent value ” shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.

(f) It shall be unlawful to award prizes in excess of $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limitation at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limitation contained in this Code section. The term “ equivalent value ” shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game.

(g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day.

(g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day.

(h) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.

(h) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.

(i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day.

(i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day.
O.C.G.A. § 16-12-123 — GA Code / Title 16 / Chapter 12 / Section 16-12-123
Georgia Code Title 16. Crimes and Offenses § 16-12-123
Status: in_force

(a)(1) A person commits the offense of bus or rail vehicle hijacking when he or she: (A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state; (B) By force or violence or by threat of force or violence seizes or exercises control of any transportation company or all or any part of the transportation facilities owned or operated by any such company; or (C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transportation facility. (2) Any person convicted of the offense of bus or rail hijacking shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.

(a)(1) A person commits the offense of bus or rail vehicle hijacking when he or she: (A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state; (B) By force or violence or by threat of force or violence seizes or exercises control of any transportation company or all or any part of the transportation facilities owned or operated by any such company; or (C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transportation facility.

(a)(1) A person commits the offense of bus or rail vehicle hijacking when he or she:

(A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state;

(A) Seizes or exercises control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state;

(B) By force or violence or by threat of force or violence seizes or exercises control of any transportation company or all or any part of the transportation facilities owned or operated by any such company; or

(B) By force or violence or by threat of force or violence seizes or exercises control of any transportation company or all or any part of the transportation facilities owned or operated by any such company; or

(C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transportation facility.

(C) By force or violence or by threat of force or violence substantially obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any transportation company or all or any part of a transportation facility.

(2) Any person convicted of the offense of bus or rail hijacking shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.

(2) Any person convicted of the offense of bus or rail hijacking shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years.

(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such terms are defined in Code Section 16-7-80 ; weapon or long gun as such terms are defined in Code Section 16-11-125.1 if such person is not a lawful weapons carrier as defined in Code Section 16-11-125.1 ; hazardous substance as defined by Code Section 12-8-92 ; or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item.

(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such terms are defined in Code Section 16-7-80 ; weapon or long gun as such terms are defined in Code Section 16-11-125.1 if such person is not a lawful weapons carrier as defined in Code Section 16-11-125.1 ; hazardous substance as defined by Code Section 12-8-92 ; or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item.

(c) The company may employ reasonable security measures, including any method or device, to detect concealed weapons, explosives, or hazardous material in baggage or freight or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person, unless the item is a weapon in the possession of a person exempted under subsection (b) of this Code section from the prohibition of that subsection (b), the company shall obtain possession and retain custody of such item or materials until they are transferred to the custody of law enforcement officers.

(c) The company may employ reasonable security measures, including any method or device, to detect concealed weapons, explosives, or hazardous material in baggage or freight or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person, unless the item is a weapon in the possession of a person exempted under subsection (b) of this Code section from the prohibition of that subsection (b), the company shall obtain possession and retain custody of such item or materials until they are transferred to the custody of law enforcement officers.