Constitutionality.

- Defendant's challenge to the constitutionality of O.C.G.A. §§ 16-13-41 and16-13-42 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).

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).

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).

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).

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).

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).

Cited in White v. State, 146 Ga. App. 810, 247 S.E.2d 536 (1978); Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981); Barnes v. State, 175 Ga. App. 621, 334 S.E.2d 205 (1985); Warren v. State, 289 Ga. App. 481, 657 S.E.2d 533 (2008).

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, 189, 196, 210 et seq., 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 habit-forming 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, 62 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, 31 A.L.R.5th 760.