O.C.G.A.

O.C.G.A. § 16-13-79 (2019)

Violations

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

History

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.

Annotations

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 Georgia St. U.L. Rev. 204 (1989).

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, § 344 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.

ARTICLE 4 SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE RESEARCH REFERENCES ALR. Penal offense of sniffing glue or similar volatile intoxicants, 32 A.L.R.3d 1438. Products liability: recovery for injury or

death resulting from intentional inhalation of product’s fumes or vapors to produce intoxicating or similar effect, 50 A.L.R.5th 275.

Notes of Decisions

Cited in 2 cases, 1989–1990 · leading case: Black v. State, 391 S.E.2d 432 (Ga. Ct. App. 1990).

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Black v. State, 391 S.E.2d 432 (Ga. Ct. App. 1990). · cites it 2× “Compare OCGA § 16-13-30 *662 with OCGA § 16-13-79. We find no indication that the General Assembly intended to authorize possession of controlled substances, a felony, allegedly prescribed for someone other than a defendant but not in the original container when found in the…”

Hall v. State, 384 S.E.2d 428 (Ga. Ct. App. 1989). · cites it 2× “), which is a misdemeanor under OCGA § 16-13-79. However, the court subsequently entered an amendment to this order sentencing defendant to twelve months in accordance with the statute.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.