Alcohol and Drug Local, State, and Federal Laws


Under State of Georgia Laws and local city/county ordinances, the following laws pertain to alcohol, illegal drugs, and controlled substances:

OCGA Code Section

Description

OCGA § 16-11-41 Public DrunkennessUnlawful for an intoxicated person to be in a public place or on another's private property without invitation, where the behavior is boisterous, indecent, vulgar, profane, loud or unbecoming.

OCGA §3-3-23 Minor in Possession of Alcohol

Unlawful to knowingly furnish, purchase, act as an agent to purchase any alcoholic beverage to any person under 21 years of age.

No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.

OCGA §40-6-391 Driving Under the Influence

Unlawful to drive or be in actual physical control of any moving vehicle while under the influence of alcohol, drug, glue, aerosol, or other toxic vapor to the extent that it is less safe to drive; person’s alcohol concentration is .08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol; or any amount of marijuana or a controlled substance present in blood, urine or both.

OCGA §40-6-253 Consumption of Alcoholic Beverage or Possession of Open Container of Alcoholic Beverage in Passenger Area

Unlawful to consume any alcoholic beverage or possess any open alcoholic beverage container in the passenger area of any motor vehicle which is on the roadway or shoulder of any public highway.

OCGA §16-13-1 Drug Related Objects

Unlawful for minor to possess any drug related object meaning any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used to introduce a drug into the body, enhance the effect of a drug, conceal the quantity of the drug, or test the strength/effectiveness/purity of a drug.

OCGA §16-13-3 Abandonment of dangerous drugs, poisons or controlled substances

Unlawful for a person to abandon, in a public place, any dangerous drug, poison, or controlled substance

OCGA §16-13-20 through 16-13-29 Georgia Controlled Substances Act

Describes the different scheduling of drugs, the names of drugs that fall within each schedule, and the penalties of each.

OCGA §16-13-30 Purchase, Possession, Manufacture, Distribution, or Sale of Controlled Substances or Marijuana; Penalties

Unlawful for any person to purchase, possess, manufacture, deliver, distribute, dispense, administer, sell, or have under their control any controlled substance including marijuana.

OCGA §16-13-30.1 Unlawful manufacture, delivery, distribution, possession, or sale of noncontrolled substances

Unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either a representation that it is a narcotic or nonnarcotic controlled substance; it appears or is represented to be a narcotic or nonnarcotic controlled substance, or if the implied representation is that the drug presented is essentially the same pharmacological action or effect as a controlled substance.

OCGA §16-13-30.2 Unlawful manufacture, or possession with intent to distribute of imitation controlled substances

Unlawful for any person to knowingly manufacture, distribute, or possess imitation controlled substances

OCGA §16-13-30.3 Possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine

Unlawful for any person to possess any amount of a substances set forth in this code section with the intent to manufacture amphetamine or methamphetamine.

OCGA §16-13-30.4 Licenses for sale, transfer, or purchase for resale of products containing pseudoephedrine

Unlawful to possess, sell, transfer or furnish a product containing pseudoephedrine with the knowledge that the substance will be used in the unlawful manufacture of a controlled substance.

OCGA §16-13-30.5 Possession of substances with intent to use or convey such substances for the manufacture of Schedule I or Schedule II controlled substances

Unlawful to possess any substance with the intent to use the substance to manufacture a Schedule I or Schedule II controlled substance

OCGA §16-13-31 Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine

Unlawful to knowingly sell, manufacture, deliver, or bring into the state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10% or more of cocaine.

Unlawful to knowingly sell, manufacture, deliver, bring into this state, or possess 4 grams or more of any morphine, opium, or heroin.

Unlawful to knowingly sell, manufacture, grow, deliver, bring into this state, or possess 10 pounds or more of marijuana is considered trafficking.

Unlawful to knowingly sell, manufacture, deliver or bring into this state 200 grams or more of methaqualone is considered trafficking.

Unlawful to knowingly sell, deliver, or brings into the state, or possess 28 grams or more of methamphetamine, amphetamine, or any mixture is considered trafficking.

Unlawful to knowingly manufacture methamphetamine, amphetamine, or a mixture is considered trafficking.

OCGA §16-13-30.6

Unlawful for a person to sell, deliver, distribute, or provide a minor, or knowingly possess with intent to sell to a minor, any marijuana flavored product, or for a minor to falsely represent their age with intent to purchase a marijuana flavored product.

OCGA §16-13-72 Sale, distribution, or possession of dangerous drug

Unlawful for any person, firm, corporation, or association to sell, give away, barter, exchange, distribute, or possess  any dangerous drug.

Federal Drug Trafficking Penalties Chart

The Drug Enforcement Administration’s Federal Trafficking Penalties for Schedules I, II, III, IV, and V and the Federal Trafficking Penalties for Marijuana, Hashish, and Hashish Oil, Schedule I substances can be found on the USDOJ website at: https://www.dea.gov/sites/default/files/2018-06/drug_of_abuse.pdf#page=30

Controlled Substances Uses & Effects Chart

The National Institute on Drug Abuse Commonly Abused Drugs Chart can be found on the National Institute of Health (NIH) website at https://nida.nih.gov/research-topics/commonly-used-drugs-charts. The chart can also be downloaded at https://nida.nih.gov/sites/default/files/cadchart.pdf.