O.C.G.A. § 3-10-4 (2019)
Quantities of distilled spirits which may be lawfully possessed
It is not unlawful for any person to have and possess, for use and not for sale, in any county or municipality within the state, one standard case of 1.75 liter, liter, or 750 milliliter size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters, which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped.
History
Ga. L. 1937-38, Ex. Sess., p. 103, § 23B; Ga. L. 1976, p. 1715, §§ 1, 2; Code 1933, § 5A-7105, enacted by Ga. L.
1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 61.
Annotations
JUDICIAL DECISIONS Legislative intent. - It was the purpose and intent of the General Assembly to legalize the possession, in a dry county, of one quart (now one standard case of 1.75 liter, or 750 milliliter size containers, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters) of whiskey legally purchased for use and consumption, when properly stamped, and no more. Pierce v. State, 73 Ga. App. 627, 37 S.E.2d 431 (1946). This section is intended to provide a method whereby a person in a dry county may legally possess a quart or less (now more) of tax-paid whiskey bearing revenue stamps so indicating which were originally purchased by the person or the person’s donor from a lawful and authorized retailer in a wet county, provided such possession was for use and not for sale. This intention also is that such person may possess such whiskey in this quantity and under these circumstances and conditions without being in constant
jeopardy of harassment and arrest. Jenkins v. State, 93 Ga. App. 360, 92 S.E.2d 43 (1956). This section provides an exception to prohibition law in those counties which have not voted to legalize sale and possession of liquors. Barfield v. State, 59 Ga. App. 383, 1 S.E.2d 47 (1939), overruled on other grounds, Jenkins v. State, 93 Ga. App. 360, 92 S.E.2d 43 (1956). Burdens of proof. - On an accusation or indictment couched in language of former Code 1933, § 58-102 (see now O.C.G.A. § 3-10-2), the defendant had the burden of proving that liquor possessed was properly stamped and within the legal limit. As to the requirement of purchase from authorized liquor retailer and the requirement that the liquor be held for use and not for sale, these were matters about which the state had the burden of proof. Jenkins v. State, 93 Ga. App. 360, 92 S.E.2d 43 (1956). Presumptions. - All presumptions being in favor of innocence, possession of
whiskey in quantity within limit described by this section is prima facie presumed to be lawful. Jenkins v. State, 93 Ga. App. 360, 92 S.E.2d 43 (1956).
Validity of admission of evidence to show purpose for which whiskey and wine possessed. - See Elder v. Stark, 200 Ga. 452, 37 S.E.2d 598 (1946).
OPINIONS OF THE ATTORNEY GENERAL Possession of out-of-state purchased liquor. - The Code allows possession of up to one-half gallon of distilled spirits purchased by the possessor outside of this state in accordance with the laws of the place where purchased and brought into this state by the purchaser. 1984 Op. Att’y Gen. No. U84-16.
There is no quantity limitation for possessing Georgia-tax-paid distilled spirits in a wet county for personal use, which in this context means for the possessor’s own personal consumption, including free gifts to the possessor’s family or friends. 1984 Op. Att’y Gen. No. U84-16.
RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, § 47 et seq. C.J.S. - 48 C.J.S., Intoxicating Liquors, § 505 et seq.
ALR. - Right to arrest without a warrant for unlawful possession or transportation of intoxicating liquor, 44 A.L.R. 1342.