reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-53 - [Repealed] Pending proceedings

Repealed by 2015 Ga. Laws 98,§ 2-23, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-54 - Orders and rules promulgated prior to July 1, 1974

Any orders and rules promulgated under any law affected by this article and in effect on July 1, 1974, and not in conflict with it shall continue in effect until modified, superseded, or repealed.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-54.1 - Weight or quantity of controlled substance or marijuana not essential element of offense

When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense.
Added by 2013 Ga. Laws 84,§ 6, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-55 - Construction of article

This article shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states which enact it.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-56 - Penalty for violation of article; restitution to the state for cleanup of environmental hazards; other remedies

(a)
Unless otherwise specified with respect to a particular offense, any person who violates any provision of this article shall be guilty of a misdemeanor.
(b)
In addition to any other penalty imposed by law for a violation of this article, if the sentencing court finds that in committing a violation of this article, the defendant contributed to a release of hazardous waste, a hazardous constituent, or a hazardous substance as such terms are defined by Code Sections
12-8-62
and
12-8-92
, the court shall require such defendant to make restitution to the State of Georgia pursuant to subsection (a) of Code Section
12-8-96.1
for the reasonable costs of activities associated with the cleanup of environmental hazards, including legal expenses incurred by the state. Restitution made pursuant to this Code section shall not preclude the State of Georgia from obtaining any other civil or criminal remedy available under any other provision of law. The restitution authorized by this Code section is supplemental and not exclusive.
Amended by 2001 Ga. Laws 260, § 2, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-56.1 - Opioids defined; notification of addictive risks

(a)
As used in this Code section, the term "opioids" means opiates, opioids, opioid analgesics, and opioid derivatives.
(b)
A prescriber who issues a prescription for an opioid shall provide the patient receiving the prescription information on the addictive risks of using opioids and information on options available for safely disposing of any unused opioids where such options exist. Such information may be provided verbally or in writing.
Added by 2017 Ga. Laws 141,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 2 - ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION (§§ 16-13-57 — 16-13-65) › Section 16-13-58 - Funds for development and maintenance of program; granting of funds to dispensers

(a)
The department shall be authorized to apply for available grants and may accept any gifts, grants, donations, and other funds to assist in developing and maintaining the PDMP; provided, however, that neither the department nor any other state entity shall accept a grant that requires as a condition of the grant any sharing of information that is inconsistent with this part.
(b)
The department shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying with the reporting requirements of Code Section
16-13-59
. Such grants to dispensers shall be funded by gifts, grants, donations, or other funds received by the department for the operation of the PDMP. The department shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in this part shall be construed to require a dispenser to incur costs to purchase equipment or software to comply with this part.
(c)
Nothing in this part shall be construed to require any appropriation of state funds.
Amended by 2017 Ga. Laws 141,§ 1-2, eff. 7/1/2017.
Amended by 2015 Ga. Laws 98,§ 2-24, eff. 7/1/2015.
Added by 2011 Ga. Laws 229,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 2 - ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION (§§ 16-13-57 — 16-13-65) › Section 16-13-61 - Electronic Database Review Advisory Committee; members; terms; officers; procedure; compensation

(a)
There is established an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the department on matters related to the establishment, maintenance, and operation of how prescriptions are electronically reviewed pursuant to this part. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify benefits and outcomes of the reviews, communication to prescribers and dispensers as to the intent of the reviews and how to use the PDMP, and security of data collected.
(b)
The advisory committee shall consist of 12 members as follows:
(1)
A representative from the agency;
(2)
A representative from the Georgia Composite Medical Board;
(3)
A representative from the Georgia Board of Dentistry;
(4)
A representative with expertise in personal privacy matters, appointed by the president of the State Bar of Georgia;
(5)
A representative from a specialty profession that deals in addictive medicine, appointed by the Georgia Composite Medical Board;
(6)
A pain management specialist, appointed by the Georgia Composite Medical Board;
(7)
An oncologist, appointed by the Georgia Composite Medical Board;
(8)
A representative from a hospice or hospice organization, appointed by the Georgia Composite Medical Board;
(9)
A representative from the State Board of Optometry;
(10)
The consumer member appointed by the Governor to the State Board of Pharmacy pursuant to subsection (b) of Code Section
26-4-21
;
(11)
A pharmacist from the State Board of Pharmacy; and
(12)
A representative from the Department of Public Health.
(c)
Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor.
(d)
The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. The vice chairperson shall serve as the chairperson at times when the chairperson is absent.
(e)
The advisory committee shall meet at the call of the chairperson or upon request by at least three of the members and shall meet at least one time per year. Five members of the committee shall constitute a quorum.
(f)
The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee.
Amended by 2017 Ga. Laws 141,§ 1-2, eff. 7/1/2017.
Added by 2011 Ga. Laws 229,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 2 - ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION (§§ 16-13-57 — 16-13-65) › Section 16-13-62 - Rules and regulations

The department shall establish rules and regulations to implement the requirements of this part. Nothing in this part shall be construed to authorize the department to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this part. Nothing in this part shall be construed to impede, impair, or limit a prescriber from prescribing pain medication in accordance with the pain management guidelines developed and adopted by the Georgia Composite Medical Board.
Amended by 2017 Ga. Laws 141,§ 1-2, eff. 7/1/2017.
Added by 2011 Ga. Laws 229,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 2 - ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION (§§ 16-13-57 — 16-13-65) › Section 16-13-64 - Violations; criminal penalties

(a)
A dispenser who knowingly and intentionally fails to submit prescription information to the department as required by this part or knowingly and intentionally submits incorrect prescription information shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both, and such actions shall be reported to the licensing board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license.
(b)
An individual authorized to access PDMP prescription information pursuant to this part who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of this part shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, a fine not to exceed $5,000.00, or both.
(c)
(1)
An individual authorized to access PDMP prescription information pursuant to this part who knowingly obtains or discloses such information in a manner or for a purpose in violation of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $50,000.00, or both.
(2)
Any person who knowingly obtains, attempts to obtain, or discloses PDMP prescription information pursuant to this part under false pretenses shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, a fine not to exceed $100,000.00, or both.
(3)
Any person who obtains or discloses PDMP prescription information not specifically authorized in this part with the intent to sell, transfer, or use such information for commercial advantage, personal gain, or malicious harm shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than ten years, a fine not to exceed $250,000.00, or both.
(d)
The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties.
Amended by 2017 Ga. Laws 141,§ 1-2, eff. 7/1/2017.
Added by 2011 Ga. Laws 229,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 2 - ELECTRONIC DATA BASE OF PRESCRIPTION INFORMATION (§§ 16-13-57 — 16-13-65) › Section 16-13-65 - Exceptions

(a)
This part shall not apply to any veterinarian.
(b)
This part shall not apply to any drug, substance, or immediate precursor classified as an exempt over-the-counter (OTC) Schedule V controlled substance pursuant to this chapter or pursuant to board rules established in accordance with Code Section
16-13-29.2
.
Amended by 2024 Ga. Laws 701,§ 3, eff. 7/1/2024.
Amended by 2017 Ga. Laws 141,§ 1-2, eff. 7/1/2017.
Added by 2011 Ga. Laws 229,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-70 - Short title

This article shall be known and may be cited as the "Dangerous Drug Act."
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-70.1 - Definition of terms

Any term used in this article and not defined in this article but defined in Code Section
16-13-21
shall have the meaning provided for that term in Code Section
16-13-21
.
Added by 2001 Ga. Laws 260, § 3, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-72.1 - Revocation of dangerous drug permit; forfeiture

(a)
A permit issued by the State Board of Pharmacy under paragraph (1) of Code Section
16-13-72
may be suspended or revoked by the State Board of Pharmacy upon a finding that the drug manufacturer, wholesaler, distributor, or supplier:
(1)
Has furnished false or fraudulent material information in any application filed under this article;
(2)
Has been convicted of a felony under any state or federal law relating to any controlled substance or has been convicted of a felony or misdemeanor under any state or federal law relating to any dangerous drug;
(3)
Has violated any provision of this article or the rules and regulations promulgated under this article; or
(4)
Has failed to maintain sufficient controls against diversion of dangerous drugs into other than legitimate medical, scientific, or industrial channels.
(b)
The State Board of Pharmacy may limit revocation or suspension of a permit to the particular dangerous drug with respect to which grounds for revocation or suspension exist.
(c)
Instead of suspending or revoking a permit as authorized by subsection (a) or (b) of this Code section, the State Board of Pharmacy may impose a fine in an amount not to exceed $1,500.00.
(d)
If the State Board of Pharmacy suspends or revokes a permit, all dangerous drugs owned or possessed by the permittee at the time of suspension or the effective date of the revocation order shall be placed under seal. No disposition may be made of drugs under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable drugs and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all dangerous drugs shall be forfeited to the state.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-73 - Labeling prescription containers of dangerous drugs

(a)
Whenever a pharmacist dispenses a dangerous drug, he shall, in each case, place upon the container the following information:
(1)
Name of the patient;
(2)
Name of the practitioner prescribing the drug;
(3)
The expiration date, if any, of the drug;
(4)
Name and address of the pharmacy from which the drug was dispensed; and
(5)
The date of the prescription.
(b)
Any pharmacist who dispenses a dangerous drug and fails to place the label required by subsection (a) of this Code section upon the container of such drug shall be guilty of a misdemeanor.
Amended by 2015 Ga. Laws 125,§ 7, eff. 5/6/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-74 - Written prescriptions for dangerous drugs; content; signature

(a)
All written prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug may be prepared by the practitioner or the practitioner's agent. The practitioner's signature must appear on each prescription prepared by the practitioner or the practitioner's agent and the nature of the practitioner's signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section
16-13-73
.
(b)
Any practitioner of the healing arts who fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor.
Amended by 2003 Ga. Laws 80, § 12, eff. 5/29/2003.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-75 - Drugs to be kept in original container; exception

(a)
Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section
16-13-35
or
16-13-72
shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Section
26-3-8
.
(b)
The possession, filling, and use of canisters for remote automated medication systems pursuant to subsection (i) of Code Section
16-13-41
shall not be considered a violation of this Code section.
Amended by 2011 Ga. Laws 75,§ 3, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-76 - Use of fictitious name or false address when obtaining drugs

No person shall obtain or attempt to obtain any dangerous drug by use of a fictitious name or by the giving of a false address.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-77 - Applicability of article to practitioner of the healing arts

Nothing in this article shall be construed to prohibit the administration of dangerous drugs by or under the direction of a practitioner of the healing arts.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-78 - Obtaining or attempting to obtain dangerous drugs by fraud, forgery, or concealment of material fact

(a)
No person shall obtain or attempt to obtain any dangerous drug or attempt to procure the administration of any such drug by:
(1)
Fraud, deceit, misrepresentation, or subterfuge;
(2)
The forgery or alteration of any prescription or of any written order;
(3)
The concealment of a material fact; or
(4)
The use of a false name or the giving of a false address.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
(c)
Nothing in this Code section shall apply to drug manufacturers or their agents or employees when such manufacturers or their agents or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the manufacturer's trademark.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-78.1 - Prescribing or ordering dangerous drugs

(a)
No person shall prescribe or order the dispensing of a dangerous drug, except a registered practitioner who is:
(1)
Licensed or otherwise authorized by this state to prescribe dangerous drugs;
(2)
Acting in the usual course of his professional practice; and
(3)
Prescribing or ordering such dangerous drug for a legitimate medical purpose.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-78.2 - Possession, manufacture, delivery, distribution, or sale of counterfeit substances

Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 3 - DANGEROUS DRUGS (§§ 16-13-70 — 16-13-79) › Section 16-13-79 - Violations

(a)
Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor.
(b)
Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section
16-13-71
, 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 or by a fine not to exceed $5,000.00 or both.
(c)
Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section
16-13-71
, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both.
(d)
This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products.
(e)
Any person who knowingly distributes or resells any nonprescription injectable insulin product which was first obtained through an over-the-counter sale made to a patient from any pharmacy, practitioner, or other source shall be guilty of a misdemeanor. All such injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable, making it subject to seizure under the laws of this state.
Amended by 2016 Ga. Laws 603,§ 9, eff. 5/3/2016.
Amended by 2008 Ga. Laws 433,§ 9, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-90 - "Model glue" defined

As used in this article, the term "model glue" means any glue, cement, solvent, or chemical substance containing one or more of the following chemicals: acetone, amyl chloride (iso- and tertiary), benzene, carbon disulfide, carbon tetrachloride, chloroform, ether, ethyl acetate, ethyl alcohol, ethylene dichloride, isopropyl acetate, isopropyl alcohol, isopropyl ether, methyl acetate, methyl alcohol, propylene dichloride, propylene oxide, trichlorethylene, amyl acetate, amyl alcohol, butyl acetate, butyl alcohol, butyl ether, diethylcarbonate, diethylene oxide (dioxane), dipropyl ketone, ethyl butyrate, ethylene glycol monoethyl ether (cellosolve), ethylene glycol monomethyl ether acetate (methyl cellosolve acetate), isobutyl alcohol, methyl amyl acetate, methyl amyl alcohol, methyl isobutyl ketone, or toluene.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-91 - Intentional inhalation of model glue; application of article to anesthesia

No person shall, for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue, provided that this Code section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-92 - Possession, sale, or transfer of model glue

No person shall intentionally possess, buy, sell, transfer possession, or receive possession of any model glue for the purpose of violating or aiding another person to violate this article.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-93 - Sale or transfer of model glue to minors

No person shall sell or transfer possession of any model glue to another person under 18 years of age, nor shall any person under 18 years of age possess or buy any model glue unless the purchase is for model building or other lawful use and the person under 18 years of age has in his possession and exhibits to the seller or transferor the written consent of his parent or legal guardian to make such purchase or take possession of the model glue, provided any minor who shall transfer possession of model glue to another minor for model building or other lawful purpose shall not be held criminally liable for failing to require exhibition of the written consent of the transferee-minor's parents or for failing to keep same available for inspection by law enforcement officials.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-94 - Maintenance of records of sales to minors

The person making a sale or transfer of possession of model glue to a person under 18 years of age must require the purchaser to exhibit the written consent of his parent or guardian and the name and address of the consenting parent or guardian. All data required by this Code section shall be kept available by the seller for inspection by law enforcement officials for a period of six months.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-95 - Effect of article on laws or ordinances of counties and municipalities

No provisions in this article shall be construed to repeal or limit laws or ordinances of the governing authority of any county or municipality regulating, restricting, or prohibiting the sale of model glue to any person under the age of 18, nor shall this article restrict the governing authority of any county or municipality from enacting ordinances or regulations governing the regulation of model glue not inconsistent with this article.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 4 - SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE (§§ 16-13-90 — 16-13-96) › Section 16-13-96 - Penalty for violation of article; separate offenses

Any person who violates this article shall be guilty of a misdemeanor. Each violation of this article shall be deemed a separate and distinct offense.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA (§§ 16-13-110 — 16-13-114) › Section 16-13-110 - Definitions

(a)
As used in this article, the term:
(1)
"Controlled substance" means any drug, substance, or immediate precursor included in the definition of the term "controlled substance" in paragraph (4) of Code Section
16-13-21
.
(2)
"Convicted" or "conviction" refers to a final conviction in a court of competent jurisdiction, or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction.
(3)
"Licensed individual" means any individual to whom any department, agency, board, bureau, or other entity of state government has issued any license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(4)
"Licensed occupation" means any occupation, profession, business, trade, or other commercial activity which requires for its lawful conduct the issuance to an individual of any license, permit, registration, certification, or other authorization by any department, agency, board, bureau, or other entity of state government.
(5)
"Licensing authority" means any department, agency, board, bureau, or other entity of state government which issues to individuals any license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(6)
"Marijuana" means any substance included in the definition of the term "marijuana" in paragraph (16) of Code Section
16-13-21
.
(b)
Without limiting the generality of the provisions of subsection (a) of this Code section, the practice of law shall constitute a licensed occupation for purposes of this article and the Supreme Court of Georgia shall be the licensing authority for the practice of law.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA (§§ 16-13-110 — 16-13-114) › Section 16-13-111 - Notification of conviction of licensed individual to licensing authority; reinstatement of license; imposition of more stringent sanctions

(a)
Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate licensing authority of the conviction within ten days following the conviction.
(b)
Upon being notified of a conviction of a licensed individual, the appropriate licensing authority shall suspend or revoke the license, permit, registration, certification, or other authorization to conduct a licensed occupation of such individual as follows:
(1)
Upon the first conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation suspended for a period of not less than three months; provided, however, that in the case of a first conviction for a misdemeanor the licensing authority shall be authorized to impose a lesser sanction or no sanction upon the licensed individual; and
(2)
Upon the second or subsequent conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation revoked.
(c)
The failure of a licensed individual to notify the appropriate licensing authority of a conviction as required in subsection (a) of this Code section shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(d)
A licensed individual sanctioned under subsection (b) or (c) of this Code section may be entitled to reinstatement of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation upon successful completion of a drug abuse treatment and education program approved by the licensing authority.
(e)
The suspension and revocation sanctions prescribed in this Code section are intended as minimum sanctions, and nothing in this Code section shall be construed to prohibit any licensing authority from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA (§§ 16-13-110 — 16-13-114) › Section 16-13-112 - Applicability of administrative procedures

Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each licensing authority.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA (§§ 16-13-110 — 16-13-114) › Section 16-13-113 - Article as supplement to power of licensing authority

The provisions of this article shall be supplemental to and shall not operate to prohibit any licensing authority from acting pursuant to those provisions of law which may now or hereafter authorize other sanctions and actions for that particular licensing authority.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA (§§ 16-13-110 — 16-13-114) › Section 16-13-114 - Period of applicability of article

This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - KRATOM (§§ 16-13-120 — 16-13-122) › Section 16-13-120 - [Effective Until 1/1/2025] Definition

As used in this article, the term "kratom" means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine.
Added by 2019 Ga. Laws 59,§ 1, eff. 4/26/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - KRATOM (§§ 16-13-120 — 16-13-122) › Section 16-13-120 - [Effective 1/1/2025] Definitions

As used in this article, the term:
(1)
"Adulterated" has the same meaning as in Code Section
26-2-26
.
(2)
"Kratom" means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine or metabolite 7-hydroxymitragynine.
(3)
"Kratom extract" means a kratom product that has been modified, processed, or otherwise manufactured with a food-grade solvent.
(4)
"Kratom product" means a product containing any part of the leaf of the plant mitragyna whether sold as a powder, capsule, pill, beverage, extract, or other form.
(5)
"Processor" means a person or entity that prepares, manufactures, distributes, or maintains kratom products or that advertises, represents, or holds itself out as preparing, manufacturing, distributing, or maintaining kratom products.
(6)
"Retailer" means a person or entity that sells or holds itself out as selling kratom products at retail to the general public; provided, however, that such person or entity shall also be included within the definition of "processor" as set forth in this Code section to the extent that he or she engages in the business of a processor. Such term shall not include a store employee at a retailer's place of business.
Amended by 2024 Ga. Laws 546,§ 1, eff. 1/1/2025, app. to offenses committed on or after 1/1/2025.
Added by 2019 Ga. Laws 59,§ 1, eff. 4/26/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - KRATOM (§§ 16-13-120 — 16-13-122) › Section 16-13-121 - [Effective Until 1/1/2025] Possession by individual under age 18; penalty

No person shall sell or transfer possession of kratom to another person under 18 years of age, nor shall any person under 18 years of age possess kratom. A person who is convicted of violating this Code section shall be guilty of a misdemeanor.
Added by 2019 Ga. Laws 59,§ 1, eff. 4/26/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 5 - KRATOM (§§ 16-13-120 — 16-13-122) › Section 16-13-122 - [Effective Until 1/1/2025] Required labeling

Kratom packaging shall be accompanied by a label bearing the following information prior to its sale in this state:
(1)
Clearly labeled ingredients;
(2)
That the sale or transfer possession of kratom to another person under 18 years of age is prohibited;
(3)
The amount of mitragynine and 7-hydroxymitragynine contained in such product;
(4)
The amount of mitragynine and 7-hydroxymitragynine contained in the packaging for such product;
(5)
The common or usual name of each ingredient used in the manufacture of such product, listed in descending order of predominance;
(6)
The name and the principal mailing address of the manufacturer or the person responsible for distributing such product;
(7)
Clear and adequate directions for the consumption and safe and effective use of such product; and
(8)
Any precautionary statements as to the safety and effectiveness of such product.
Added by 2019 Ga. Laws 59,§ 1, eff. 4/26/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-1 - Short title

This chapter shall be known and may be cited as the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act."
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-2 - Findings and intent of General Assembly

(a)
The General Assembly finds that a severe problem is posed in this state by the increasing sophistication of various criminal elements and the increasing extent to which the state and its citizens are harmed as a result of the activities of these elements.
(b)
The General Assembly declares that the intent of this chapter is to impose sanctions against those who violate this chapter and to provide compensation to persons injured or aggrieved by such violations. It is not the intent of the General Assembly that isolated incidents of misdemeanor conduct or acts of civil disobedience be prosecuted under this chapter. It is the intent of the General Assembly, however, that this chapter apply to an interrelated pattern of criminal activity motivated by or the effect of which is pecuniary gain or economic or physical threat or injury. This chapter shall be liberally construed to effectuate the remedial purposes embodied in its operative provisions.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-4 - Prohibited activities

(a)
It shall be unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.
(b)
It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity.
(c)
It shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. A person violates this subsection when:
(1)
He or she together with one or more persons conspires to violate any of the provisions of subsection (a) or (b) of this Code section and any one or more of such persons commits any overt act to effect the object of the conspiracy; or
(2)
He or she endeavors to violate any of the provisions of subsection (a) or (b) of this Code section and commits any overt act to effect the object of the endeavor.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-5 - Criminal penalties for violation of Code Section 16-14-4

(a)
Any person convicted of the offense of engaging in activity in violation of Code Section
16-14-4
shall be guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine specified in subsection (b) of this Code section, or both.
(b)
In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct in violation of Code Section
16-14-4
may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation.
(c)
The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section.
(d)
For the purposes of subsection (b) of this Code section, the term "pecuniary value" means:
(1)
Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else, the primary significance of which is economic advantage; or
(2)
Any other property or service that has a value in excess of $100.00.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (§§ 16-14-1 — 16-14-13) › Section 16-14-6 - Civil remedies

(a)
Any superior court may, after making due provisions for the rights of innocent persons, enjoin violations of Code Section
16-14-4
by issuing appropriate orders and judgments, including, but not limited to:
(1)
Ordering any defendant to divest himself or herself of any interest in any enterprise, real property, or personal property;
(2)
Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he or she was engaged in violation of Code Section
16-14-4
;
(3)
Ordering the dissolution or reorganization of any enterprise;
(4)
Ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any agency of the state; or
(5)
Ordering the forfeiture of the charter of a corporation organized under the laws of this state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state upon a finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting affairs of the corporation, has authorized or engaged in conduct in violation of Code Section
16-14-4
and that, for the prevention of future criminal activity, the public interest requires that the charter of the corporation be forfeited and that the corporation be dissolved or the certificate be revoked.
(b)
Any aggrieved person or the state may institute a civil action under subsection (a) of this Code section. In such civil action, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, provided that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.
(c)
Any person who is injured by reason of any violation of Code Section
16-14-4
shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages. Such person shall also recover attorney's fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this Code section.
(d)
Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom as set forth in Code Section
9-16-16
.
(e)
A conviction in any criminal proceeding shall estop the defendant in any subsequent civil action or civil forfeiture proceeding under this chapter as to all matters proved in the criminal proceeding.
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.