TITLE 16 CRIMES AND OFFENSES

Section 13. Controlled Substances, 16-13-1 through 16-13-114.

ARTICLE 1 GENERAL PROVISIONS

16-13-1. Drug related objects.

As used in this Code section, the term:
1. "Controlled substance" shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. For the purposes of this Code section, the term "controlled substance" shall include marijuana as defined by paragraph (16) of Code Section 16-13-21.
2. "Dangerous drug" shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs.
3. "Drug related object" means any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes:
  1. To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state;
  2. To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state;
  3. To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or
  4. To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state.
4. "Knowingly" means having general knowledge that a machine, instrument, tool, item of equipment, contrivance, or device is a drug related object or having reasonable grounds to believe that any such object is or may, to an average person, appear to be a drug related object. If any such object has printed thereon or is accompanied by instructions explaining the purpose and use of such object and if following such instructions would cause a person to commit an act involving the use or possession of a dangerous drug or controlled substance in violation of the laws of this state, then such instructions shall constitute prima-facie evidence of knowledge that the object in question is a drug related object.
5. "Minor" means any unmarried person under the age of 18 years.
Except as otherwise provided by subsection (d) of this Code section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or provide to a minor any drug related object.
It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any drug related object.
No person shall be guilty of violating subsection (b) of this Code section if:
1. The person had reasonable cause to believe that the minor involved was 18 years of age or older because the minor exhibited to such person a driver's license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older;
2. The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor;
3. The person was the parent or guardian of the minor; or
4. The person was acting in his capacity as an employee or official of any governmental agency, governmental institution, public school or other public educational institution, any bona fide private school, educational institution, health care facility, or institution; or the person was acting in his capacity as a registered pharmacist or veterinarian or under the direction of a registered pharmacist or veterinarian to sell such object for a legitimate medical purpose.
Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, a person violating subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor.

(Code 1933, § 26-9913, enacted by Ga. L. 1978, p. 2199, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 1999, p. 81, § 16.)

JUDICIAL DECISIONS

Constitutionality.

- Definition of "drug related objects" in O.C.G.A. § 16-13-1 provides adequate notice of the persons covered and conduct proscribed and is not therefore void for vagueness. High Ol' Times, Inc. v. Busbee, 673 F.2d 1225 (11th Cir. 1982).

Jury instructions.

- Court's refusal to give charge to jury that defendant's explanation was to be taken into consideration insofar as it was consistent with properly admitted circumstantial evidence was not error where instruction was given to the jury regarding presumption of defendant's innocence and regarding the state's burden of proof to prove defendant guilty beyond a reasonable doubt. Upshaw v. State, 172 Ga. App. 671, 324 S.E.2d 529 (1984).

Civil action to recover for injuries after consuming controlled substance.

- Consumer of controlled substances may not recover damages for injuries sustained in an automobile accident after taking the drugs, when the provider had taken the drugs from the pharmacy in which the provider worked, and the consumer should have foreseen the possibility of an accident after using drugs. Guy v. McKenzie, 195 Ga. App. 670, 394 S.E.2d 576 (1990).

Cited in High Ol' Times, Inc. v. Busbee, 449 F. Supp. 364 (N.D. Ga. 1978); High Ol' Times, Inc. v. Busbee, 456 F. Supp. 1035 (N.D. Ga. 1978); High Ol' Times, Inc. v. Busbee, 621 F.2d 135 (5th Cir. 1980); Hill v. Morrison, 160 Ga. App. 151, 286 S.E.2d 467 (1981); Gunn v. State, 163 Ga. App. 906, 296 S.E.2d 221 (1982); Todd v. Byrd, 283 Ga. App. 37, 640 S.E.2d 652 (2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 19 et seq., 40 et seq. 32 Am. Jur. 2d, False Pretenses, § 7.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 101 et seq.

ALR.

- Prosecutions based upon alleged illegal possession of instruments to be used in violation of narcotics laws, 92 A.L.R.3d 47.

Propriety of instruction of jury on "conscious avoidance" of knowledge of nature of substance or transaction in prosecution for possession or distribution of drugs, 109 A.L.R. Fed. 710.

Cases Citing Georgia Code 16-13-1 From Courtlistener.com
Total Results: 4
Wilson v. State
Court: Supreme Court of Georgia | Date Filed: 2021-06-21
Snippet: of molestation allegedly occurred. See OCGA § 16-13-1. As recounted above, Wilson did not make this argument
Watson v. State
Court: Supreme Court of Georgia | Date Filed: 2003-02-10
Citation: 576 S.E.2d 897, 276 Ga. 212, 2003 Ga. LEXIS 111
Snippet: article [Georgia Controlled Substances Act, OCGA § 16-13-1 et seq.] shall be, upon conviction thereof, punished
Love v. State
Court: Supreme Court of Georgia | Date Filed: 1985-09-12
Citation: 334 S.E.2d 173, 254 Ga. 697, 1985 Ga. LEXIS 829
Snippet: the Georgia Controlled Substances Act, OCGA § 16-13-1 et seq., largely on evidence furnished by his female
State v. Stephens
Court: Supreme Court of Georgia | Date Filed: 1984-02-06
Citation: 311 S.E.2d 823, 252 Ga. 181, 1984 Ga. LEXIS 609
Snippet: the Georgia Controlled Substances Act, OCGA § 16-13-1 et seq. (Code Ann. § 26-9913 et seq.). Prior to

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