THE KIRK LAW FIRM, P.C.

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Lawrenceville, GA 30046

Drug Offences § 16-13-1

§ 16-13-1. Drug related objects 

(a) As used in this Code section, the term: (1) "Controlled substance" shall have the same meaning as defined in Article 2 of thischapter, relating to controlled substances. For the purposes of this Code section, the term"controlled substance" shall include marijuana as defined by paragraph (16) of CodeSection 16-13-21. 

(2) "Dangerous drug" shall have the same meaning as defined in Article 3 of thischapter, relating to dangerous drugs. 
(3) "Drug related object" means any machine, instrument, tool, equipment, contrivance,or device which an average person would reasonably conclude is intended to be used forone or more of the following purposes: (A) To introduce into the human body any dangerous drug or controlled substanceunder circumstances in violation of the laws of this state; (B) To enhance the effect on the human body of any dangerous drug or controlledsubstance under circumstances in violation of the laws of this state; (C) To conceal any quantity of any dangerous drug or controlled substance undercircumstances in violation of the laws of this state; or (D) To test the strength, effectiveness, or purity of any dangerous drug or controlledsubstance under circumstances in violation of the laws of this state.
(4) "Knowingly" means having general knowledge that a machine, instrument, tool,item of equipment, contrivance, or device is a drug related object or having reasonablegrounds to believe that any such object is or may, to an average person, appear to be adrug related object. If any such object has printed thereon or is accompanied byinstructions explaining the purpose and use of such object and if following suchinstructions would cause a person to commit an act involving the use or possession of adangerous drug or controlled substance in violation of the laws of this state, then suchinstructions shall constitute prima-facie evidence of knowledge that the object in questionis a drug related object. 
​(5) "Minor" means any unmarried person under the age of 18 years. (b) Except as otherwise provided by subsection (d) of this Code section, it shall beunlawful for any person knowingly to sell, deliver, distribute, display for sale, or provideto a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, orprovide to a minor any drug related object.(c) It shall be unlawful for any minor falsely to represent to any person that such minor is18 years of age or older with the intent to purchase or otherwise obtain any drug relatedobject.(d) No person shall be guilty of violating subsection (b) of this Code section if: (1) The person had reasonable cause to believe that the minor involved was 18 years ofage or older because the minor exhibited to such person a driver's license, birthcertificate, or other official or apparently official document purporting to establish thatthe minor was 18 years of age or older; (2) The person made an honest mistake in believing that the minor was 18 years of ageor over after making a reasonable bona fide attempt to ascertain the true age of the minor; (3) The person was the parent or guardian of the minor; or (4) The person was acting in his capacity as an employee or official of anygovernmental agency, governmental institution, public school or other public educationalinstitution, any bona fide private school, educational institution, health care facility, orinstitution; or the person was acting in his capacity as a registered pharmacist orveterinarian or under the direction of a registered pharmacist or veterinarian to sell suchobject for a legitimate medical purpose.(e) Any person who violates subsection (b) of this Code section shall be guilty of amisdemeanor for the first offense. For the second or any subsequent offense, a personviolating subsection (b) of this Code section shall be guilty of a felony and, uponconviction thereof, shall be punished by imprisonment for not less than one nor morethan five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.Any person violating subsection (c) of this Code section shall be guilty of amisdemeanor.