24 LC 48 1207
House Bill 1420
By: Representatives McCollum of the 30
th
, Efstration of the 104
th
, Fleming of the 114
th
,
Smith of the 18
th
, and Gaines of the 120
th
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated,
1
relating to regulation of controlled substances, so as to provide for the offense of unlawfully2
possessing a pill press, tableting machine, an encapsulating machine, or other controlled3
substance counterfeiting materials; to provide for exceptions; to provide for violation and4
penalties; to provide for definitions; to provide for related matters; to repeal conflicting laws;5
and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to9
regulation of controlled substances, is amended by adding a new Code section to read as10
follows:11
"16-13-30.7.
12
(a) As used in this Code Section, the term:13
(1) 'Controlled substance' has the same meaning as provided in Code Section 16-13-21.14
(2) 'Controlled substance counterfeiting material' means a punch, die, plate, stone, or15
other item designed to print, imprint, or reproduce the trademark, trade name, or other16
H. B. 1420
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identifying mark, imprint, or device of another or any likeness of any of the foregoing17
upon a drug or container or the labeling thereof so as to render such drug a counterfeit18
substance.19
(3) 'Counterfeit substance' has the same meaning as provided in Code Section 16-13-21.20
(4) 'Encapsulating machine' means manual, semiautomatic, or fully automatic equipment21
that may be used to fill shells or capsules with powdered or granular solids or semisolid22
material to produce coherent solid tablets.23
(5) 'Pill press' means a mechanical device that compresses powder substances into tablets24
by running such powder substance through a machine fitted with a die mold that25
determines the shape and markings on such tablets.26
(6) 'Regulated person' means a person or entity described in paragraph (22), (28), (29),27
(30), (33), or (41) of Code Section 26-4-5.28
(7) 'Tableting machine' means manual, semiautomatic, or fully automatic equipment that29
may be used to compact or mold powdered or granular solids or semisolid material to30
produce coherent solid tablets.31
(b) It shall be unlawful for any person other than a regulated person to possess, purchase,32
deliver, sell, or possess with intent to sell or deliver a pill press or tableting machine, an33
encapsulating machine, or other controlled substance counterfeiting materials knowing,34
intending, or having reasonable cause to believe that such items or materials will be used35
to manufacture a controlled substance or counterfeit substance.36
(c) Except as provided in subsection (b) of this Code section, a person who violates this37
Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by38
imprisonment for not less than one year nor more than ten years."39
SECTION 2.40
All laws and parts of laws in conflict with this Act are repealed.41
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