2025 Georgia Codes – Page 209

(a) As used in this Code section, the term:
(1) “Drug related object” means any instrument, device, or object which is designed or marketed as useful
primarily for one or more of the following purposes:
(A) To ingest, inhale, or otherwise introduce marijuana or a controlled substance into the human body;
(B) To enhance the effect of marijuana or a controlled substance on the human body;
(C) To test the strength, effectiveness, or purity of marijuana or a controlled substance;
(D) To process or prepare marijuana or a controlled substance for introduction into the human body;
(E) To conceal any quantity of marijuana or a controlled substance; or
(F) To contain or hold marijuana or a controlled substance while it is being introduced into the human body.
This term shall not include a hypodermic needle or syringe.
(2) “Knowing” means either actual or constructive knowledge of the drug related nature of the object; and
a person or corporation has constructive knowledge of the drug related nature of the object if he or it has
knowledge of facts which would put a reasonable and prudent person on notice of the drug related nature of
the object.
(b) Except as otherwise authorized in subsection (c) of this Code section, it shall be unlawful for any person
or corporation, knowing the drug related nature of the object, to sell, lend, rent, lease, give, exchange, or
otherwise distribute to any person any drug related object. It shall also be unlawful for any person or corpo-
ration, knowing the drug related nature of the object, to display for sale, or possess with the intent to dis-
tribute any drug related object. Unless stated within the body of the advertisement or notice that the object
that is advertised or about which information is disseminated is not available for distribution of any sort in
this state, it shall be unlawful for any person or corporation, knowing the drug related nature of the object,
to distribute or disseminate in any manner to any person any advertisement of any kind or notice of any
kind which gives information, directly or indirectly, on where, how, from whom, or by what means any drug
related object may be obtained or made.
(c)(1) It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern
or pharmacy extern as defined in Code Section 26-4-5, a practitioner licensed to dispense dangerous drugs,
or a person employed by or acting as an agent of a registered syringe services program, to sell, lend, rent,
lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or
marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle
was marketed for a legitimate medical purpose.
(2) A person employed by or acting as an agent of a registered syringe services program shall be immune
from civil and criminal liability arising from the possession, distribution, or exchange of hypodermic
syringes or needles and related supplies as part of such syringe services program.
(3) The Department of Public Health shall be authorized to promulgate rules and regulations for the purpose
of supervising the activities of syringe services programs, including provisions for the registration of such
programs.
(4) As used in this subsection, the term “syringe services program” means an organization which provides
substance abuse and harm reduction counseling, education, and referral services for substance abuse dis-
order treatment; training and provision of naloxone to reverse opioid overdoses; screening for HIV , viral
hepatitis, sexually transmitted diseases, and tuberculosis; referrals and linkage to HIV , viral hepatitis, sexu-
ally transmitted diseases, and tuberculosis prevention, treatment, and care services; safer injection supplies;
and evidence based interventions to reduce negative consequences of drug related behaviors.
(d) For a first offense, any person or corporation which violates any provision of this Code section shall be
guilty of a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high
and aggravated nature. For a third or subsequent offense, the defendant shall be guilty of a felony and, upon
conviction thereof, shall be imprisoned for not less than one year nor more than five years and shall be fined
not more than $5,000.00.
(e) All instruments, devices, and drug related objects which are distributed or possessed in violation of this
Code section and any proceeds are declared to be contraband, and no person shall have a property right in
them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this sub-
section, the term “proceeds” shall have the same meaning as set forth in Code Section 9-16-2.

(a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute,
or possess with intent to distribute any object or materials of any kind which such person or corporation
intends to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana
or a controlled substance.
(b) Unless stated within the body of the advertisement or notice that the object or materials that are adver-
tised or about which information is disseminated are not available for distribution of any sort in this state, it
shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, distribute, or possess with
intent to distribute any advertisement of any kind or notice of any kind which gives information, directly or
indirectly, on where, how, from whom, or by what means any object or materials may be obtained or made,
which object or materials such person or corporation intends to be used for the purpose of planting, propa-
gating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or
otherwise introducing into the human body marijuana or a controlled substance.
(c) In determining whether any object or materials are intended for any of the purposes listed in subsections
(a) and (b) of this Code section, a court or other authority shall consider all logically relevant factors. In a
trial under this Code section, any evidence admissible on this question under the rules of evidence shall be
admitted. Subject to the rules of evidence, when they are the object of an offer of proof in a court proceed-
ing, the following factors are among those that should be considered by a court or other authority on this
question:
(1) Statements by an owner or anyone in control of the object or materials;
(2) Instructions provided with the object or materials;
(3) Descriptive materials accompanying the object or materials;
(4) National and local advertising or promotional materials concerning the object or materials;
(5) The appearance of, and any writing or other representations appearing on, the object or materials;
(6) The manner in which the object or materials are displayed for sale or other distribution;
(7) Expert testimony concerning the object or materials; and
(8) Any written or pictorial materials which are present in the place where the object is located.
(d) For a first offense, any person or corporation which violates any provision of this Code section shall be
guilty of a misdemeanor. For a second offense, the defendant shall be guilty of a misdemeanor of a high
and aggravated nature. For a third or subsequent offense, the defendant shall be guilty of a felony and, upon
conviction thereof, shall be imprisoned for not less than one year nor more than five years and shall be fined
not more than $5,000.00.
(e) All objects and materials which are distributed or possessed in violation of this Code section and any pro-
ceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited
according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term “proceeds”
shall have the same meaning as set forth in Code Section 9-16-2.
(f) This Code section shall not apply to hypodermic needles or syringes.