Title 16, Chapter 13, Section 1
( 16-13-1)
(a) As used in this Code section, the term: (1) "Controlled substance" shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. For the purposes of this Code section, the term "controlled substance" shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (2) "Dangerous drug" shall have the same meaning as defined in
Article 3 of this chapter, 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 for one or more of the
following purposes: (A) To introduce into the human body any dangerous drug or
controlled substance under circumstances in violation of the
laws of this state; (B) To enhance the effect on the human body of any dangerous
drug or controlled substance under circumstances in violation of
the laws of this state; (C) To conceal any quantity of any dangerous drug or controlled
substance under circumstances in violation of the laws of this
state; or (D) To test the strength, effectiveness, or purity of any
dangerous drug or controlled substance 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 reasonable grounds to believe that
any such object is or may, to an average person, appear to be a
drug related object. If any such object has printed thereon or is
accompanied by instructions explaining the purpose and use of such
object and if following such instructions would cause a person to
commit an act involving the use or possession of a dangerous drug
or controlled substance in violation of the laws of this state,
then such instructions shall constitute prima-facie evidence of
knowledge that the object in question is 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 be unlawful for any person knowingly to sell,
deliver, distribute, display for sale, or provide to a minor or
knowingly possess with intent to sell, deliver, distribute, display
for sale, or provide to a minor any drug related object. (c) It shall be unlawful for any minor falsely to represent to any
person that such minor is 18 years of age or older with the intent
to purchase or otherwise obtain any drug related object. (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 of age or older because the minor exhibited
to such person a driver's license, birth certificate, or other
official or apparently official document purporting to establish
that the minor was 18 years of age or older; (2) The person made an honest mistake in believing that the minor
was 18 years of age or 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 any governmental agency, governmental institution,
public school or other public educational institution, any bona
fide private school, educational institution, health care
facility, or institution; or the person was acting in his capacity
as a registered pharmacist or veterinarian or under the direction
of a registered pharmacist or veterinarian to sell such object for
a legitimate medical purpose. (e) Any person who violates subsection (b) of this Code section
shall be guilty of a misdemeanor for the first offense. For the
second or any subsequent offense, a person violating subsection (b)
of this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less
than one nor more than 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 a
misdemeanor. |