History. Code 1933, § 79A-9917, enacted by Ga. L. 1971, p. 271, § 1; Ga. L. 1973, p. 688, § 1; Ga. L. 1974, p. 221, § 3; Ga. L. 1976, p. 1083, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1997, p. 1377, § 2; Ga. L. 2004, p. 488, § 1; Ga. L. 2020, p. 753, § 2-3/SB 288.
The 2020 amendment, effective January 1, 2021, added subsection (d).
Cross references.
Detection of drugs by Department of Transportation enforcement officers, § 32-6-29 .
Probation of first offenders, § 42-8-60 et seq.
Editor’s notes.
Provisions added by Ga. L. 1976, p. 1083, § 1 were declared unconstitutional in State v. Millwood, 242 Ga. 244 , 248 S.E.2d 643 (1978), insofar as they attempted to vest jurisdiction in municipal courts to try offenses against the state.
Ga. L. 1997, p. 1377, § 4, not codified by the General Assembly, provides: “It is the intent of the General Assembly to restore the law of this state to that which was generally understood to be the law prior to the decision of the Court of Appeals in Williams v. State, 222 Ga. App. 698 , Case No. A96A1472, decided August 20, 1996, such that possession of one ounce or less of marijuana is a misdemeanor and the provisions of Code Section 36-32-6 are applicable to such offenses.”
Law reviews.
For note, “Substantive Due Process and Felony Treatment of Pot Smokers: The Current Conflict,” see 2 Ga. L. Rev. 247 (1968).
For comment on Tant v. State, 123 Ga. App. 760 , 182 S.E.2d 502 (1971), advocating additional reform of Georgia’s system of appellate review of criminal cases, see 9 Ga. St. B. J. 490 (1973).
For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979).
For note on 1992 amendment of this Code section, see 8 Ga. St. U.L. Rev. 129 (1992).
For article, “Misdemeanor Sentencing in Georgia,” see 7 Ga. St. B.J. 8 (2001).
For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006).