07 LC
25 4880ER
Senate
Bill 295
By:
Senator Bulloch of the 11th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to regulation of controlled substances, so as to prohibit
certain conduct relative to the active chemical ingredient in the hallucinogenic
plant Salvia divinorum A; to provide for exceptions; to provide punishment for
violations; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating
to regulation of controlled substances, is amended by adding a new Code section
to read as follows:
"16-13-30.6.
(a)
It shall be unlawful to knowingly produce, manufacture, distribute, possess, or
possess with intent to produce, manufacture, or distribute the active chemical
ingredient in the hallucinogenic plant Salvia divinorum A.
(b)
The provisions of subsection (a) of this Code section shall not apply to the
possession, planting, cultivation, growing, or harvesting of such hallucinogenic
plant strictly for aesthetic, landscaping, or decorative purposes.
(c)
The provisions of subsection (a) of this Code section shall not apply to any
dosage form which is legally obtainable from a retail establishment without a
prescription and is recognized by the Federal Food and Drug Administration as a
homeopathic drug.
(d)
A violation of this Code section shall be a misdemeanor."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.