2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 12 - Offenses Against Public Health and Morals
Article 1 - General Provisions
§ 16-12-2. Smoking in Public Places

1. A person smoking tobacco in violation of Chapter 12A of Title 31 shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor more than $500.00.
2. This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of state or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Code section.

(Code 1933, § 26-9910, enacted by Ga. L. 1975, p. 45, § 1; Ga. L. 1982, p. 3, § 16; Ga. L. 1994, p. 650, § 3; Ga. L. 2005, p. 60, § 16/HB 95; Ga. L. 2005, p. 1184, § 1/SB 90.)

- Master settlement agreement on tobacco, § 10-13-1 et seq.

- The amendment of this Code section by Ga. L. 2005, p. 60, § 16(7), irreconcilably conflicted with and was treated as superseded by Ga. L. 2005, p. 1184, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).

- For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. 8 (2001). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 126 (1994).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting rquired for violators.

- O.C.G.A. § 16-12-2 is an offense for which those charged with a violation are to be fingerprinted. 2006 Op. Att'y Gen. No. 2006-2.

RESEARCH REFERENCES

ALR.

- Constitutionality of anti-cigarette legislation, 20 A.L.R. 926.

Validity, construction, and application of nonsmoking regulations, 65 A.L.R.4th 1205.

Secondary smoke as battery, 46 A.L.R.5th 813.