2025 Georgia Codes – Page 6

(a) No person knowingly and intentionally shall:
(1) Distill, manufacture, or make any distilled spirits, except as permitted by this title;
(2) Manufacture, make, brew, or ferment any malt beverages or wine, except as permitted by this title;
(3) Transport, ship, receive, possess, sell, offer to sell, distribute, or in any manner use any alcoholic bever-
ages or alcohol, except as permitted by this title;
(4) Fail to file any report required by this title;
(5) File any report required by this title that is either intentionally false or fraudulent, or both;
(6) Fail to pay any tax or license fee imposed or authorized by this title unless specifically exempted from
such payment;
(7) Fail to have a sufficient bond filed with the commissioner as required by this title; or
(8) Evade or violate, or conspire to evade or violate, any provision of this title.
(b) Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture,
or making of any alcoholic beverages is declared contraband and shall be destroyed by the officers or agents
seizing the property or otherwise disposed of as the commissioner directs.
(c) Any person who violates the provisions of:
(1) Paragraph (1) of subsection (a) of this Code section shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one year nor more than five years;
(2) Paragraphs (2) through (8) of subsection (a) of this Code section shall be guilty of a misdemeanor.

(a) As used in this Code section, the term:
(1) “Alcohol vaporizing device” means any device, machine, or process that mixes any alcoholic beverages
with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.
(2) “Licensed premises” means any premises in which alcoholic beverages are sold or dispensed for con-
sumption on the premises and shall include any premises which are required by law to be licensed to sell or
dispense alcoholic beverages for consumption on the premises.
(3) “Operator” means an owner, license holder, operator, manager, or person in charge of any licensed prem-
ises.
(b)(1) No person shall purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage
produced by an alcohol vaporizing device. This paragraph shall not apply to a product that contains alcohol
as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.
(2) No person shall own or possess any alcohol vaporizing device, including but not limited to any machine
known as an Alcohol Without Liquid (AWOL) machine. This paragraph shall not apply to any nebulizer or
atomizer used to supply a product that contains alcohol as otherwise lawfully prescribed by a health care
practitioner who is licensed under Title 43.
(c) No operator shall keep or allow to be kept on the licensed premises thereof any vaporized form of an alco-
holic beverage produced by an alcohol vaporizing device.
(d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor. Any person
convicted of a violation of this Code section involving the offer for sale or use to a person under the age of
21 shall be guilty of a misdemeanor, except that upon the second or subsequent conviction such person so
convicted shall be guilty of a misdemeanor of a high and aggravated nature.