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2018 Georgia Code 16-13-54.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-13-54.1 Case Law from Google Scholar Amendments to OCGA 16-13-54.1

TITLE 16 CRIMES AND OFFENSES

Section 13. Controlled Substances, 16-13-1 through 16-13-114.

ARTICLE 2 REGULATION OF CONTROLLED SUBSTANCES

16-13-54.1. Weight or quantity of controlled substance or marijuana not essential element of offense.

When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense.

(Code 1981, §16-13-54.1, enacted by Ga. L. 2013, p. 222, § 6/HB 349.)

Editor's notes.

- Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense."

Law reviews.

- For article, "Appeal and Error: Appeal or Certiorari by State in Criminal Cases," see 30 Ga. St. U.L. Rev. 17 (2013).

Cases Citing O.C.G.A. § 16-13-54.1

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Scott v. State, 295 Ga. 39 (Ga. 2014).

Cited 35 times | Published | Supreme Court of Georgia | Mar 28, 2014 | 757 S.E.2d 106, 2014 Fulton County D. Rep. 703

...s to be governed by the statute in effect at the time of such offense. 3. Simply, former OCGA § 16-13-31 (a) (1), applicable to this case, required proof that the defendant had knowledge of the weight of the cocaine.4 3 OCGA § 16-13-54.1 provides: When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity shall not be an essential element of the offens...