sb295_Committee_sub_LC_36_0679S_4.html
07 LC 36 0679S

The Senate Health and Human Services Committee offered the following substitute to SB 295:

A BILL TO BE ENTITLED
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 chemical Salvinorin A; to prohibit certain conduct relative to the plant Salvia divinorum; 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)(1) It shall be unlawful to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the chemical Salvinorin A.
(2) Paragraph (1) of this subsection shall not apply to any dosage form of Salvinorin A 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.
(b) It shall be unlawful to possess, plant, cultivate, grow, or harvest the plant Salvia divinorum other than for esthetic, landscaping, or decorative purposes.
(c) 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All laws and parts of laws in conflict with this Act are repealed.