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

O.C.G.A. § 16-13-110 (2019)

Definitions

✓ 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.
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(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 govern691 ment 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.

History

Code 1981, § 16-13-110, enacted by Ga. L. 1990, p. 2009, § 1.

Notes of Decisions
Cited in 4 cases, 1999–2018 · leading case: Blackmon v. State, 598 S.E.2d 542 (Ga. Ct. App. 2004).
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Blackmon v. State, 598 S.E.2d 542 (Ga. Ct. App. 2004). · cites it 2× “”); OCGA § 16-13-110 (a) (2) (“As used in this article [relating to sanctions against licensed persons for offenses involving a controlled substance or marijuana], the term[s] .”
Boulis v. State Bd. of Chiropractic, 729 A.2d 645 (Pa. Commw. Ct. 1999). · cites it 4× “Ga. Code Ann. § 16-13-110 (a)(2). Moreover, this provision in the Georgia statutes appears to be an anomaly; indeed, as is apparent from the other statutory provisions and caselaw cited, a person granted first offender status generally is not deemed to be "convicted.”
Beasley v. State, 812 S.E.2d 561 (Ga. Ct. App. 2018). · cites it 2× “f article concerning crimes involving bombs, explosives, and chemical and biological weapons); OCGA § 16-9-20 (f) (2) (defining "conviction" to include pleas of nolo contendere for purposes of deposit account fraud statute); OCGA § 16-12-24 (b) (1) (B) (defining "conviction" to…”
Keith Malik Beasley v. State (Ga. Ct. App. 2018). · cites it 2× “f article concerning crimes involving bombs, explosives, and chemical and biological weapons); OCGA § 16-9-20 (f) (2) (defining “conviction” to include pleas of nolo contendere for purposes of deposit account fraud statute); OCGA § 16-12-24 (b) (1) (B) (defining “conviction” to…”
— 16-13-110(a)(2) — 1 case
Boulis v. State Bd. of Chiropractic, 729 A.2d 645 (Pa. Commw. Ct. 1999). “Ga. Code Ann. § 16-13-110 (a)(2). Moreover, this provision in the Georgia statutes appears to be an anomaly; indeed, as is apparent from the other statutory provisions and caselaw cited, a person granted first offender status generally is not deemed to be "convicted.”
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