Georgia Code
Part 1 - Schedules, Offenses, and Penalties
§ 16-13-54.1. Weight or Quantity of Controlled Substance or Marijuana Not Essential Element of Offense

When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant’s knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense.
History. Code 1981, § 16-13-54.1 , enacted by Ga. L. 2013, p. 222, § 6/HB 349.
Editor’s notes.
Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.”
Law reviews.
For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Ga. St. U. L. Rev. 17 (2013).

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Structure Georgia Code

Georgia Code

Title 16 - Crimes and Offenses

Chapter 13 - Controlled Substances

Article 2 - Regulation of Controlled Substances

Part 1 - Schedules, Offenses, and Penalties

§ 16-13-20. Short Title

§ 16-13-21. Definitions

§ 16-13-22. Administration of Article; Standards and Schedules

§ 16-13-23. Nomenclature for Controlled Substances

§ 16-13-24. Establishment of Schedules of Controlled Substances

§ 16-13-25. Schedule I

§ 16-13-26. Schedule Ii

§ 16-13-27. Schedule Iii

§ 16-13-27.1. Exempt Anabolic Steroids

§ 16-13-28. Schedule Iv

§ 16-13-29. Schedule v

§ 16-13-29.1. Nonnarcotic Substances Excluded From Schedules of Controlled Substances

§ 16-13-29.2. Authority for Exemption of Over-the-Counter Schedule v Controlled Substances

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

§ 16-13-30.1. Unlawful Manufacture, Delivery, Distribution, Possession, or Sale of Noncontrolled Substances; Civil Forfeiture

§ 16-13-30.2. Unlawful Manufacture, Distribution, or Possession With Intent to Distribute of Imitation Controlled Substances; Civil Forfeiture

§ 16-13-30.3. Possession of Substances Containing Ephedrine or Pseudoephedrine; Restrictions on Sales of Products Containing Those Ingredients

§ 16-13-30.4. Licenses for Sale, Transfer, or Purchase for Resale of Products Containing Pseudoephedrine; Reporting and Record-Keeping Requirements; Grounds for Denial, Suspension, or Revocation of Licenses; Civil Forfeiture; Penalties

§ 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

§ 16-13-30.6. Prohibition on Purchase and Sale of Marijuana Flavored Products

§ 16-13-31. Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine; Penalties

§ 16-13-31.1. Trafficking in Ecstasy; Sentencing; Variation

§ 16-13-32. Transactions in Drug Related Objects; Civil Forfeiture; Penalties

§ 16-13-32.1. Transactions in Drug Related Objects; Evidence as to Whether Object Is Drug Related; Civil Forfeiture; Penalties

§ 16-13-32.2. Possession and Use of Drug Related Objects

§ 16-13-32.3. Use of Communication Facility in Committing or Facilitating Commission of Act Which Constitutes Felony Under Chapter; Penalty

§ 16-13-32.4. Manufacturing, Distributing, Dispensing, or Possessing Controlled Substances In, On, or Near Public or Private Schools

§ 16-13-32.5. Manufacturing, Distributing, Dispensing, or Possessing Controlled Substance, Marijuana, or Counterfeit Substance Near Park or Housing Project; Nonmerger of Offenses; Evidence of Location and Boundaries; Posting; Affirmative Defenses

§ 16-13-32.6. Manufacturing, Distributing, Dispensing, or Possessing With Intent to Distribute Controlled Substance or Marijuana In, On, or Within Drug-Free Commercial Zone

§ 16-13-33. Attempt or Conspiracy to Commit Offense Under This Article

§ 16-13-34. Promulgation of Rules Relating to Registration and Control of Controlled Substances; Registration Fees

§ 16-13-35. General Registration Requirements

§ 16-13-36. Factors Considered in Determining Whether to Register Manufacturer or Distributor

§ 16-13-37. Grounds for Suspending or Revoking Registration; Disposition of Controlled Substances; Notification to Bureau

§ 16-13-38. Procedure for Denying, Suspending, Revoking, or Limiting Registration; Automatic Suspension

§ 16-13-39. Manufacturers, Distributors, and Dispensers to Maintain Records of Controlled Substances

§ 16-13-40. Distribution of Schedule I and Ii Substances

§ 16-13-41. Prescriptions

§ 16-13-42. Unauthorized Distribution and Dispensation; Refusal or Failure to Keep Records; Refusal to Permit Inspection; Unlawfully Maintaining Structure or Place; Penalty

§ 16-13-43. Unauthorized Distribution; Penalties

§ 16-13-44. Penalties Under Other Laws

§ 16-13-45. Powers of Enforcement Personnel

§ 16-13-46. Administrative Inspections and Warrants

§ 16-13-47. Injunctions

§ 16-13-48. Cooperative Arrangements With Federal and Other State Agencies

§ 16-13-49. Declared Items of Contraband; Forfeiture

§ 16-13-50. Burden of Proof; Liability of Enforcement Officers in Lawful Performance of Duties

§ 16-13-51. Judicial Review of Administrative Determinations, Findings, and Conclusions

§ 16-13-52. Programs and Research on Prevention of Abuse of Controlled Substances; Confidentiality of Research; Exemption From Penalties

§ 16-13-54. Orders and Rules Promulgated Prior to July 1, 1974

§ 16-13-54.1. Weight or Quantity of Controlled Substance or Marijuana Not Essential Element of Offense

§ 16-13-55. Construction of Article

§ 16-13-56. Penalty for Violation of Article; Restitution to the State for Cleanup of Environmental Hazards; Other Remedies

§ 16-13-56.1. Opioids Defined; Notification of Addictive Risks