16-13-32. Transactions in drug related objects; civil forfeiture; penalties.

As used in this Code section, the term:#

1. (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:#

   1. (A)

      To ingest, inhale, or otherwise introduce marijuana or a controlled substance into the human body;#

   2. (B)

      To enhance the effect of marijuana or a controlled substance on the human body;#

   3. (C)

      To test the strength, effectiveness, or purity of marijuana or a controlled substance;#

   4. (D)

      To process or prepare marijuana or a controlled substance for introduction into the human body;#

   5. (E)

      To conceal any quantity of marijuana or a controlled substance; or#

   6. (F)

      To contain or hold marijuana or a controlled substance while it is being introduced into the human body.#

   7. This term shall not include a hypodermic needle or syringe.

2. (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.#

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 corporation, knowing the drug related nature of the object, to display for sale, or possess with the intent to distribute 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.#

1. (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. (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. (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. (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 disorder 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, sexually transmitted diseases, and tuberculosis prevention, treatment, and care services; safer injection supplies; and evidence based interventions to reduce negative consequences of drug related behaviors.#

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.#

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 subsection, the term “proceeds” shall have the same meaning as set forth in Code Section 9-16-2.#