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§ 16-13-30 - Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties

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O.C.G.A.16-13-30 (2010) 16-13-30.Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties (a)Exceptas authorized by this article, it is unlawful for any person topurchase, possess, or have under his control any controlled substance.(b)Exceptas authorized by this article, it is unlawful for any person tomanufacture, deliver, distribute, dispense, administer, sell, or possesswith intent to distribute any controlled substance.(c)Exceptas otherwise provided, any person who violates subsection (a) of thisCode section with respect to a controlled substance in Schedule I or anarcotic drug in Schedule II shall be guilty of a felony and, uponconviction thereof, shall be punished by imprisonment for not less thantwo years nor more than 15 years. Upon conviction of a second orsubsequent offense, he shall be imprisoned for not less than five yearsnor more than 30 years.(d)Except asotherwise provided, any person who violates subsection (b) of this Codesection with respect to a controlled substance in Schedule I or ScheduleII shall be guilty of a felony and, upon conviction thereof, shall bepunished by imprisonment for not less than five years nor more than 30years. Upon conviction of a second or subsequent offense, he or sheshall be imprisoned for not less than ten years nor more than 40 yearsor life imprisonment. The provisions of subsection (a) of Code Section17-10-7 shall not apply to a sentence imposed for a second such offense;provided, however, that the remaining provisions of Code Section17-10-7 shall apply for any subsequent offense.(e)Anyperson who violates subsection (a) of this Code section with respect toa controlled substance in Schedule II, other than a narcotic drug,shall be guilty of a felony and, upon conviction thereof, shall bepunished by imprisonment for not less than two years nor more than 15years. Upon conviction of a second or subsequent offense, he shall bepunished by imprisonment for not less than five years nor more than 30years.(f)Reserved.(g)Anyperson who violates subsection (a) of this Code section with respect toa controlled substance in Schedule III, IV, or V shall be guilty of afelony and, upon conviction thereof, shall be punished by imprisonmentfor not less than one year nor more than five years. Upon conviction of asecond or subsequent offense, he shall be imprisoned for not less thanone year nor more than ten years.(h)Anyperson who violates subsection (b) of this Code section with respect to acontrolled substance in Schedule III, IV, or V shall be guilty of afelony and, upon conviction thereof, shall be punished by imprisonmentfor not less than one year nor more than ten years.(i)Exceptas authorized by this article, it is unlawful for any person topossess, have under his control, manufacture, deliver, distribute,dispense, administer, purchase, sell, or possess with intent todistribute a counterfeit substance. Any person who violates thissubsection shall be guilty of a felony and, upon conviction thereof,shall be punished by imprisonment for not less than one year nor morethan ten years.(j)(1)It is unlawful for any person topossess, have under his control, manufacture, deliver, distribute,dispense, administer, purchase, sell, or possess with intent todistribute marijuana.(2)Except asotherwise provided in subsection (c) of Code Section 16-13-31 or in CodeSection 16-13-2, any person who violates this subsection shall beguilty of a felony and, upon conviction thereof, shall be punished byimprisonment for not less than one year nor more than ten years.(k)Itshall be unlawful for any person to hire, solicit, engage, or use anindividual under the age of 17 years, in any manner, for the purpose ofmanufacturing, distributing, or dispensing, on behalf of the solicitor,any controlled substance, counterfeit substance, or marijuana unless themanufacturing, distribution, or dispensing is otherwise allowed by law.Any person who violates this subsection shall be guilty of a felonyand, upon conviction thereof, shall be punished by imprisonment for notless than five years nor more than 20 years or by a fine not to exceed$20,000.00, or both.(l)(1)Any person who violatessubsection (a) of this Code section with respect to flunitrazepam, aSchedule IV controlled substance, shall be guilty of a felony and, uponconviction thereof, shall be punished by imprisonment for not less thantwo years nor more than 15 years. Upon conviction of a second orsubsequent offense, such person shall be punished by imprisonment fornot less than five years nor more than 30 years.(2)Anyperson who violates subsection (b) of this Code section with respect toflunitrazepam, a Schedule IV controlled substance, shall be guilty of afelony and, upon conviction thereof, shall be punished by imprisonmentfor not less than five years nor more than 30 years. Upon conviction of asecond or subsequent offense, such person shall be punished byimprisonment for not less than ten years nor more than 40 years or lifeimprisonment. The provisions of subsection (a) of Code Section 17-10-7shall not apply to a sentence imposed for a second such offense, butthat subsection and the remaining provisions of Code Section 17-10-7shall apply for any subsequent offense.
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  • O.C.G.A. 16-13-30 (2010)
    16-13-30. Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties


    (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his control any controlled substance.

    (b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.

    (c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than five years nor more than 30 years.

    (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

    (e) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, he shall be punished by imprisonment for not less than five years nor more than 30 years.

    (f) Reserved.

    (g) Any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years. Upon conviction of a second or subsequent offense, he shall be imprisoned for not less than one year nor more than ten years.

    (h) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule III, IV, or V shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

    (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.
    (j)(1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

    (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

    (k) It shall be unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana unless the manufacturing, distribution, or dispensing is otherwise allowed by law. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years or by a fine not to exceed $20,000.00, or both.
    (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years.

    (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

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