TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 3 DANGEROUS DRUGS

16-13-79. Violations.

Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor.
Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both.
Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both.
This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products.
Any person who knowingly distributes or resells any nonprescription injectable insulin product which was first obtained through an over-the-counter sale made to a patient from any pharmacy, practitioner, or other source shall be guilty of a misdemeanor. All such injectable insulin distributed or sold in this manner is considered to be an adulterated dangerous drug and unsalable, making it subject to seizure under the laws of this state.

(Code 1933, § 79A-9907, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1989, p. 238, § 2; Ga. L. 1991, p. 312, § 4; Ga. L. 1996, p. 356, § 8; Ga. L. 1998, p. 778, § 7; Ga. L. 2008, p. 169, § 9/HB 1090; Ga. L. 2016, p. 798, § 9/HB 783.)

The 2016 amendment, effective May 3, 2016, added subsection (e).

Cross references.

- Fine or forfeiture for violations which are grounds for revocation of dangerous drug permit, § 16-13-72.1.

Law reviews.

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 204 (1989).

JUDICIAL DECISIONS

Cited in Black v. State, 194 Ga. App. 660, 391 S.E.2d 432 (1990).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising under O.C.G.A. § 16-13-79(e) are designated as offenses for which those charged are to be fingerprinted. 2017 Op. Att'y Gen. No. 17-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 196, 197, 203, 204, 205.

C.J.S.

- 28A C.J.S., Drugs and Narcotics, § 342 et seq.

ALR.

- Marijuana, psilocybin, peyote, or similar drugs of vegetable origin as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1164.

LSD, STP, MDA, or other chemically synthesized hallucinogenic or psychedelic substances as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1284.

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