TITLE 16
CRIMES AND OFFENSES
ARTICLE 2
REGULATION OF CONTROLLED SUBSTANCES
16-13-30.5. Possession of substances with intent to use or convey such substances for the manufacture of Schedule I or Schedule II controlled substances.
-
It shall be illegal for a person to possess, whether acquired through theft or other means, any substance with the intent to:
-
Use such substance in the manufacture of a Schedule I or Schedule II controlled substance; or
-
Knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance.
-
In determining whether a particular substance is possessed with the intent required to violate subsection (a) of this Code section, the court or other authority making such a determination may, in addition to all other logically relevant factors, consider the following:
-
Statements by the owner or anyone in control of the substance concerning its use;
-
Prior convictions, if any, of the owner or of anyone in control of the substance for violation of any state or federal law relating to the sale or manufacture of controlled substances;
-
Instructions or descriptive materials of any kind accompanying the substance or found in the owner's or controlling person's possession concerning, explaining, or depicting its use;
-
The manner in which the substance is displayed or offered for sale;
-
The quantity and location of the substance considered in relation to the existence and scope of legitimate uses for the substance in the community; and
-
Expert testimony concerning the substance's use.
-
This Code section shall not apply where possession was by a person authorized by law to dispense, prescribe, manufacture, or possess the substance in question.
-
A person who violates 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 15 years or by a fine not to exceed $100,000.00, or both.
(Code 1981, §16-13-30.5, enacted by Ga. L. 2005, p. 194, § 3/HB 216; Ga. L. 2006, p. 72, § 16/SB 465.)
JUDICIAL DECISIONS
Evidence insufficient to support conviction.
- Defendant's conviction for use or conveyance of certain substances used in the manufacture of controlled substances was reversed, because all of the items listed in indictment were found in the common areas of the house, and there was no evidence that the defendant possessed them or had a present intent to convey them to the defendant's mother or stepfather. Hutchins v. State, 326 Ga. App. 250, 756 S.E.2d 347 (2014).
