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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 16. CRIMES AND OFFENSES |
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Chapter 13. CONTROLLED SUBSTANCES |
| Article 1. GENERAL PROVISIONS |
| Article 2. REGULATION OF CONTROLLED SUBSTANCES |
| Article 3. DANGEROUS DRUGS |
| Article 4. SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE |
| Article 5. SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA |
REFS & ANNOS
TITLE 16 Chapter 13 NOTE
CROSS REFERENCES. --Requirement that certain wholesale distributors of controlled substances and dangerous drugs provide price and quantity information, § 26-4-115.1. Authority of director of investigation to retain narcotics agents on contractual basis, § 35-3-9. Suspension or termination of public employee convicted of drug offense, § 45-23-4. Ineligibility for public employment of person convicted of drug offense, § 45-23-5.
EDITOR'S NOTES. --By resolution (Ga. L. 1983, p. 590), the General Assembly directed the Composite State Board of Medical Examiners to develop and adopt rules and regulations to curb the abuse of prescription amphetamine and amphetamine-like drugs for the treatment of obesity and other nonrelated acceptable medical treatments.
By resolution (Ga. L. 1990, p. 985), the General Assembly created the Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse.
ADMINISTRATIVE RULES AND REGULATIONS. --Drug abuse treatment and education programs, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Resources, Chapter 290-4-2.
LAW REVIEWS. --For article, "A Report from the Front in the War on Drugs," see 7 Ga. St. U.L. Rev. 1 (1990).
For comment, "Solving the Problem of Prenatal Substance Abuse: An Analysis of Punitive and Rehabilitative Approaches," see 39 Emory L.J. 1401 (1990).
JUDICIAL DECISIONS
EVIDENCE WAS INSUFFICIENT TO SUPPORT CONVICTION OF POSSESSING COCAINE. --When (1) defendant's only connection to cocaine that was found in a jacket was that the defendant picked up the jacket after the jacket had been lying outside on an air conditioner in close proximity to a juvenile who was suspected in drug transactions and an unidentified woman, and (2) there was no evidence as to who placed the jacket on the air conditioner, the evidence against the defendant was entirely circumstantial and did not exclude every other hypothesis except guilt; therefore, the evidence was insufficient under former O.C.G.A. § 24-4-6 (see now O.C.G.A. § 24-14-6) to support the defendant's conviction of possessing cocaine in violation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq. Stephens v. State, 258 Ga. App. 774, 575 S.E.2d 661 (2002).
CITED in Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981); Ward v. State, 165 Ga. App. 166, 300 S.E.2d 193 (1983); Meade v. State, 165 Ga. App. 556, 301 S.E.2d 912 (1983); Spivey v. State, 165 Ga. App. 820, 302 S.E.2d 729 (1983); Murrell v. State, 166 Ga. App. 526, 304 S.E.2d 408 (1983); Luck v. State, 168 Ga. App. 464, 309 S.E.2d 621 (1983); Causey v. State, 195 Ga. App. 367, 393 S.E.2d 468 (1990); DeLoach v. State, 198 Ga. App. 880, 403 S.E.2d 866 (1991).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Entrapment to Commit Narcotics Offense, 12 POF2d 237.
Injuries from Drugs, 7 POF3d 1.
Am. Jur. Trials. --Defense of Narcotics Cases, 8 Am. Jur. Trials 573.
ALR. --Defense of necessity, duress, or coercion in prosecution for violation of state narcotics laws, 1 ALR5th 938.
Illegal drugs or narcotics involved in alleged offense as subject to discovery by defendant under Rule 16 of Federal Rules of Criminal Procedure, 109 ALR Fed. 363.
EDITOR'S NOTES. --By resolution (Ga. L. 1983, p. 590), the General Assembly directed the Composite State Board of Medical Examiners to develop and adopt rules and regulations to curb the abuse of prescription amphetamine and amphetamine-like drugs for the treatment of obesity and other nonrelated acceptable medical treatments.
By resolution (Ga. L. 1990, p. 985), the General Assembly created the Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse.
ADMINISTRATIVE RULES AND REGULATIONS. --Drug abuse treatment and education programs, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Resources, Chapter 290-4-2.
LAW REVIEWS. --For article, "A Report from the Front in the War on Drugs," see 7 Ga. St. U.L. Rev. 1 (1990).
For comment, "Solving the Problem of Prenatal Substance Abuse: An Analysis of Punitive and Rehabilitative Approaches," see 39 Emory L.J. 1401 (1990).
JUDICIAL DECISIONS
EVIDENCE WAS INSUFFICIENT TO SUPPORT CONVICTION OF POSSESSING COCAINE. --When (1) defendant's only connection to cocaine that was found in a jacket was that the defendant picked up the jacket after the jacket had been lying outside on an air conditioner in close proximity to a juvenile who was suspected in drug transactions and an unidentified woman, and (2) there was no evidence as to who placed the jacket on the air conditioner, the evidence against the defendant was entirely circumstantial and did not exclude every other hypothesis except guilt; therefore, the evidence was insufficient under former O.C.G.A. § 24-4-6 (see now O.C.G.A. § 24-14-6) to support the defendant's conviction of possessing cocaine in violation of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq. Stephens v. State, 258 Ga. App. 774, 575 S.E.2d 661 (2002).
CITED in Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981); Ward v. State, 165 Ga. App. 166, 300 S.E.2d 193 (1983); Meade v. State, 165 Ga. App. 556, 301 S.E.2d 912 (1983); Spivey v. State, 165 Ga. App. 820, 302 S.E.2d 729 (1983); Murrell v. State, 166 Ga. App. 526, 304 S.E.2d 408 (1983); Luck v. State, 168 Ga. App. 464, 309 S.E.2d 621 (1983); Causey v. State, 195 Ga. App. 367, 393 S.E.2d 468 (1990); DeLoach v. State, 198 Ga. App. 880, 403 S.E.2d 866 (1991).
RESEARCH REFERENCES
Am. Jur. Proof of Facts. --Entrapment to Commit Narcotics Offense, 12 POF2d 237.
Injuries from Drugs, 7 POF3d 1.
Am. Jur. Trials. --Defense of Narcotics Cases, 8 Am. Jur. Trials 573.
ALR. --Defense of necessity, duress, or coercion in prosecution for violation of state narcotics laws, 1 ALR5th 938.
Illegal drugs or narcotics involved in alleged offense as subject to discovery by defendant under Rule 16 of Federal Rules of Criminal Procedure, 109 ALR Fed. 363.