2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 13 - Controlled Substances
Article 3 - Dangerous Drugs


Cross references.

- Disciplinary action for student of public educational institution convicted of controlled substance offense, § 20-1-23.

Disciplinary action for student of nonpublic educational institution convicted of controlled substance abuse, § 20-1-24.

Enforcement powers of director of Georgia Drugs and Narcotics Agency and drug agents under article generally, § 26-4-29.

JUDICIAL DECISIONS

Constitutionality.

- O.C.G.A. Art. 3, Ch. 13, T. 16 is not unconstitutionally vague, nor does it constitute illegal delegation of legislative authority for failing to list or codify which drugs are dangerous. Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981).

Cited in Craig v. State, 130 Ga. App. 689, 204 S.E.2d 307 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Enforcement of article.

- Georgia State Board of Pharmacy lacks discretion to refrain from enforcing O.C.G.A. Art. 3, Ch. 13, T. 16. 1982 Op. Att'y Gen. No. 82-44.

Applicability to state and local agencies.

- State and local agencies are subject to the requirements of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq., but are not subject to the requirements of the Dangerous Drug Act, O.C.G.A. § 16-13-70 et seq., since there is no definition of "person" specifically applicable to the Dangerous Drug Act. 1986 Op. Att'y Gen. No. 86-28.

RESEARCH REFERENCES

ALR.

- Conviction of possession of illicit drugs found in premises of which defendant was in nonexclusive possession, 56 A.L.R.3d 948.

Conviction of possession of illicit drugs found in automobile of which defendant was not sole occupant, 57 A.L.R.3d 1319.

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