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Call Now: 904-383-7448(Code 1933, § 79A-811.1, enacted by Ga. L. 1978, p. 2237, § 1; Ga. L. 1980, p. 1288, § 1; Ga. L. 1996, p. 748, § 13; Ga. L. 2004, p. 488, § 2; Ga. L. 2015, p. 693, § 2-19/HB 233.)
- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
- See High Ol' Times, Inc. v. Busbee, 673 F.2d 1225 (11th Cir. 1982).
Definition of "drug related objects" in O.C.G.A. § 16-13-32 provides adequate notice of the persons covered and the conduct proscribed and therefore does not render the section void for vagueness. High Ol' Times, Inc. v. Busbee, 673 F.2d 1225 (11th Cir. 1982).
- If arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. High Ol' Times, Inc. v. Busbee, 515 F. Supp. 176 (N.D. Ga. 1980), rev'd on other grounds, 673 F.2d 1225 (11th Cir. 1982).
- Despite the almost identical caption and punishment provisions, the enactment of O.C.G.A. § 16-13-32.1 was intended to be in addition to, rather than a substitute for, the existing statute (O.C.G.A. § 16-13-32); thus, O.C.G.A. § 16-13-32.1 did not repeal O.C.G.A. § 16-13-32 by implication. State v. Gill, 173 Ga. App. 848, 328 S.E.2d 561 (1985).
- Because O.C.G.A. § 16-13-32 does not require the notice of proceedings by publication to specify the time within which an answer must be filed, and the party reading the notice is charged with knowledge of the legal requirements, where the plaintiff did nothing to confirm time had expired or rectify the absence of a response, plaintiff could not show prejudice other than what was self-inflicted through lack of diligence, and plaintiff's out-of-time answer was untimely. Ragland v. State, 235 Ga. App. 830, 510 S.E.2d 587 (1998).
- Given a police officer's testimony that the drugs found at the scene came from a bag which the defendant removed from a pants pocket, the jury was authorized to find that the defendant trafficked in cocaine, possessed cocaine with intent to distribute, and possessed less than one ounce of marijuana; moreover, the amount of cocaine at issue, as well as the defendant's possession of digital scales typically used to weigh drugs for distribution, permitted the jury to discount the defendant's own testimony and find an intention to distribute the drugs. Lipsey v. State, 287 Ga. App. 835, 652 S.E.2d 870 (2007).
O.C.G.A. § 16-13-32 does not exclude certain seeds, fiber, and oil from a marijuana plant as contraband. Lang v. State, 165 Ga. App. 576, 302 S.E.2d 683, cert. denied, 464 U.S. 937, 104 S. Ct. 346, 78 L. Ed. 2d 312 (1983).
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).
- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 19 et seq., 26, 40 et seq.
- 28 C.J.S., Drugs and Narcotics, §§ 274 et seq., 285. 28A C.J.S., Drugs and Narcotics, § 342 et seq.
- Conviction of possession of illicit drugs found in premises of which defendant was in nonexclusive possession, 56 A.L.R.3d 948.
Prosecutions based upon alleged illegal possession of instruments to be used in violation of narcotics laws, 92 A.L.R.3d 47.
Forfeitability of property held in marital estate under Uniform Controlled Substances Act or similar statute, 84 A.L.R.4th 620.
Construction and application of state drug paraphernalia acts, 23 A.L.R.6th 307.
What constitutes establishment of prima facie case for forfeiture of real property traceable to proceeds from sale of controlled substances under § 511(a)(6) of Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 USCA § 881(a)(6)), 146 A.L.R. Fed. 597.
Total Results: 6
Court: Supreme Court of Georgia | Date Filed: 2022-06-01
Snippet: possession of drug related objects, see OCGA § 16-13-32.2, and two counts of criminal trespass, see OCGA
Court: Supreme Court of Georgia | Date Filed: 2019-06-03
Citation: 829 S.E.2d 117, 306 Ga. 50
Snippet: use of drug paraphernalia in violation of OCGA § 16-13-32.2. At the hearing, Williams's counsel briefly
Court: Supreme Court of Georgia | Date Filed: 2009-03-09
Citation: 674 S.E.2d 272, 285 Ga. 103, 2009 Fulton County D. Rep. 792, 2009 Ga. LEXIS 88
Snippet: motion to suppress, and in finding that OCGA § 16-13-32.2 (possession of drug-related objects) is constitutional
Court: Supreme Court of Georgia | Date Filed: 2006-11-20
Citation: 637 S.E.2d 688, 281 Ga. 310, 2006 Fulton County D. Rep. 3600, 2006 Ga. LEXIS 979
Snippet: 467 (510 SE2d 523) (1999) (interpreting OCGA § 16-13-32.5 (c) (2) in light of OCGA § 17-10-7) compels
Court: Supreme Court of Georgia | Date Filed: 2005-11-21
Citation: 279 Ga. 893, 622 S.E.2d 823, 2005 Fulton County D. Rep. 3510, 2005 Ga. LEXIS 851
Snippet: either the murder or the drug crime, see OCGA§ 16-13-32.3 (a); Division 2, infra, under step 2 of the
Court: Supreme Court of Georgia | Date Filed: 1999-01-11
Citation: 510 S.E.2d 523, 270 Ga. 467, 99 Fulton County D. Rep. 255, 1999 Ga. LEXIS 17
Snippet: trial court must exercise discretion under OCGA § 16-13-32.5(c)(2) in sentencing a defendant for a second