O.C.G.A. § 16-13-42 (2019)
Unauthorized distribution and dispensation; refusal
or failure to keep records; refusal to permit inspection; unlawfully maintaining structure or place; penalty. (a) It is unlawful for any person: (1) Who is subject to the requirements of Code Section 16-13-35 to distribute or dispense a controlled substance in violation of Code Section 16-13-41; (2) Who is a registrant to manufacture a controlled substance not authorized by his registration or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this article; (4) To refuse an entry into any premises for any inspection authorized by this article; or (5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this article for the purpose of using these substances, or which is used for keeping or selling them in violation of this article. (b) Any person who violates this Code section is guilty of a felony and, upon conviction thereof, may be imprisoned for not more than five years, fined not more than $25,000.00, or both.
History
Code 1933, § 79A-821, enacted by Ga.
L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 10.
Annotations
JUDICIAL DECISIONS O.C.G.A. § 16-13-41(h) was not unconstitutionally vague as applied to a defendant, a physician, who was charged with violating O.C.G.A. § 16-13-42(a)(1) by improperly providing 33 signed prescription forms in blank to the defendant’s nurse practitioner in violation of § 16-13-41(h) as that provision broadly included possession of a document by any person other than the one whose signature appeared thereon; thus, a physician’s staff member could not be excluded. Raber v. State, 285 Ga. 251, 674 S.E.2d 884, 2009 Ga. LEXIS 95 (2009). Constitutionality. - Defendant’s challenge to the constitutionality of O.C.G.A. §§ 16-13-41 and 16-13-42 on the basis of vagueness failed because the defendant did not contend that the statutes were vague as to the doctor with whom the defendant was charged with conspiring. Hourin v. State, 301 Ga. 835, 804 S.E.2d 388, 2017 Ga. LEXIS 711 (2017). Mere possession of limited quantities of controlled substance within structure. - In order to support a conviction under O.C.G.A. § 16-13-42(a)(5) for maintaining a
residence or other structure or place used for keeping controlled substances, the evidence must show that one of the purposes for maintaining the structure was the keeping of the controlled substance; thus, the mere possession of limited quantities of a controlled substance within the residence or structure is insufficient to support a conviction under paragraph (a)(5). Barnes v. State, 255 Ga. 396, 339 S.E.2d 229, 1986 Ga. LEXIS 537 (1986). Something more than isolated instance of proscribed activity required. - In order to support a conviction under O.C.G.A. § 16-13-42 for maintaining a residence or other structure or place used for selling controlled substances, the evidence must be sufficient to support a finding of something more than a single, isolated instance of the proscribed activity. Barnes v. State, 255 Ga. 396, 339 S.E.2d 229, 1986 Ga. LEXIS 537 (1986). Evidence found on single occasion may show continuing crime. - In prosecutions under O.C.G.A. § 16-13-42(a)(5), there is no inflexible rule that evidence found in a store, shop, etc., only on a single occasion cannot be
sufficient to show a crime of a continuing nature. Barnes v. State, 255 Ga. 396, 339 S.E.2d 229, 1986 Ga. LEXIS 537 (1986). Evidence insufficient that home was used for drug purposes. - Conviction for knowingly keeping a dwelling place for using controlled substances was not supported by sufficient evidence since the only evidence was that the building in question was the defendant’s home; there was no evidence one of the purposes of the home was to provide the defendant a place to use and
keep controlled substances. Chua v. State, 289 Ga. 220, 710 S.E.2d 540, 2011 Ga. LEXIS 436 (2011). Evidence insufficient to show defendant kept or maintained house. - Since there was no evidence that the defendant kept or maintained the house, the defendant was entitled to reversal of the conviction for knowingly keeping a dwelling for the purpose of using controlled substances. Scott v. State, 326 Ga. App. 115, 756 S.E.2d 220, 2014 Ga. App. LEXIS 133 (2014).
RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 19 et seq., 31, 40, 45, 168, 196. C.J.S. 28 C.J.S., Drugs and Narcotics, §§ 188 et seq., 210 et seq. 28A C.J.S., Drugs and Narcotics, § 263 et seq. U.L.A. Uniform Controlled Substances Act (U.L.A.) § 402. ALR. What constitutes “possession” of a narcotic drug proscribed by § 2 of the Uniform Narcotic Drug Act, 91 A.L.R.2d 810. Offense of aiding and abetting illegal possession of drugs or narcotics, 47 A.L.R.3d 1239. Permitting unlawful use of narcotics in private home as criminal offense, 54 A.L.R.3d 1297. Validity and construction of statute creating presumption or inference of intent to
sell from possession of specified quantity of illegal drugs, 60 A.L.R.3d 1128. Common-law right of action for damage sustained by plaintiff in consequence of sale or gift of intoxicating liquor or habitforming drug to another, 97 A.L.R.3d 528; 62 A.L.R.4th 16. Narcotics conviction as crime of moral turpitude justifying disbarment or other disciplinary action against attorney, 99 A.L.R.3d 288. Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 A.L.R.3d 854. Social host’s liability for injuries incurred by third parties as a result of intoxicated guest’s negligence, A.L.R.4th 16. Validity, construction, and application of state or local law prohibiting maintenance of vehicle for purpose of keeping or selling controlled substances, A.L.R.5th 760.