O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-13-1 (2019)

Drug related objects

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) 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 (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: (A) To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (B) 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; (C) To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or (D) To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state. This term shall not include a hypodermic needle or syringe. (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. (b) 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. (c) 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. (d) 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, healthcare 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. (e) 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.

History

Code 1933, § 26-9913, enacted by Ga. L. 1978, p. 2199, § 1; Ga. L. 1985, p. 149, § 16; Ga. L. 1999, p. 81, § 16; Ga. L. 2022, p. 663, § 3/SB 164; Ga. L. 2024, p. 1052, § 3(7)/SB 448, effective July 1, 2024. Amendments. The 2022 amendment, effective July 1, 2022, added the last sentence in paragraph (a)(3).

The 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “healthcare” for “health care” in paragraph (d)(4).

Annotations

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, 1982 U.S. App. LEXIS 19863 (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 Ga. App. LEXIS 3079 (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 Ga. App. LEXIS 665 (1990).

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.

Notes of Decisions
Cited in 13 cases, 1983–2019 · leading case: State v. Stephens, 311 S.E.2d 823 (Ga. 1984).
Sort: Relevance Newest Treatment
State v. Stephens, 311 S.E.2d 823 (Ga. 1984). · cites it 4× “Richard Furman Stephens and Kathryn Crowe Stephens were indicted for violation of the Georgia Controlled Substances Act, OCGA § 16-13-1 et seq. (Code Ann. § 26-9913 et seq.”
Cronan v. State, 511 S.E.2d 899 (Ga. Ct. App. 1999). · cites it 4× “(a) The Controlled Substances Act under which Cronan was indicted, OCGA § 16-13-1 et seq., states in pertinent part that *376 “ ‘Marijuana’ means all parts of the plant of the genus Cannabis .”
Watson v. State, 576 S.E.2d 897 (Ga. 2003). · cites it 2× “1 OCGA § 16-13-33 provides: Any person who attempts or conspires to commit any offense defined in this article *213 [Georgia Controlled Substances Act, OCGA § 16-13-1 et seq.] shall be, upon conviction thereof, punished by imprisonment not exceeding the maximum punishment…”
Love v. State, 334 S.E.2d 173 (Ga. 1985). · cites it 2× “At the motion to suppress hearings, the arresting officer, Detective Goodbar, testified that he had a confidential informant who had previously provided the detective with information which had led to drug arrests and drug seizures, and who had allowed him to overhear a…”
Baker v. State, 388 S.E.2d 402 (Ga. Ct. App. 1989). · cites it 2× “See Controlled Substances Act, OCGA § 16-13-1 et seq. (2) The State does not deny it never tendered notice to defendant’s counsel, but contends that the testimony was offered only for the purpose of identifying the defendant and showing his bent of mind.”
Evans v. State, 427 S.E.2d 837 (Ga. Ct. App. 1993). · cites it 2× “Daryle Eugene Evans was tried before a jury and convicted of two counts of selling and distributing cocaine in violation of the Georgia Controlled Substances Act (OCGA § 16-13-1 et seq.). He appeals from the judgment entered on the jury’s verdict of guilty.”
Meade v. State, 301 S.E.2d 912 (Ga. Ct. App. 1983). · cites it 2× “After indictment for violation of the Georgia Controlled Substances Act, OCGA § 16-13-1 et seq. (Code Ann. § 79A-801 et seq.”
Georgia v. Bell (In Re Bell), 215 B.R. 266 (Bankr. N.D. Ga. 1997). · cites it 2× “1 In view of that purported episode, officers then placed the Debtors under arrest, charg7 ing each with violation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-1, et seq. 2 The State also filed a statutorily-proscribed notice of a forfeiture hen upon the Debtors’…”
Lamons v. State, 335 S.E.2d 652 (Ga. Ct. App. 1985). · cites it 4× “, by selling pills containing amitriptyline; and on one count of violating the Georgia Controlled Substances Act, OCGA § 16-13-1 et seq., by selling ephedrine (a non-scheduled drug) on the express representation that it was a controlled substance, methamphetamine.”
Guy v. McKenzie, 394 S.E.2d 576 (Ga. Ct. App. 1990). · cites it 2× “Contrary to plaintiff’s contention, we view the above principle equally applicable where, as in this case, the drug involved is a controlled substance (see OCGA § 16-13-1 et seq.) rather than alcohol.”
Lewis v. State, 304 S.E.2d 531 (Ga. Ct. App. 1983). · cites it 2× “In August 1982 Lewis was arrested for selling marijuana to a GBI agent on two dates during the preceding July, in violation of the Georgia Controlled Substances Act, OCGA § 16-13-1 et seq. (Code Ann. §§ 26-9913,79A-801 etseq.”
Robert Ray Whipkey v. State (Ga. Ct. App. 2019). · cites it 2× “Upon fulfillment of the terms and conditions, the 1 OCGA §16-13-1, et seq. 2 The full title of that statute is “Conditional Discharge for Possession as a First Offense.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.