2025 Georgia Codes – Page 212

distribution within 1,000 feet of park or housing project
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute
a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real prop-
erty which has been dedicated and set apart by the governing authority of any municipality, county, state
authority, or the state for use as a park, playground, recreation center, or for any other recreation purposes,
unless the manufacture, distribution, or dispensing is otherwise allowed by law.
(b) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distrib-
ute a controlled substance or marijuana or a counterfeit substance in, on, or within 1,000 feet of any real
property of any publicly owned or publicly operated housing project, unless the manufacture, distribution,
or dispensing is otherwise allowed by law. For the purposes of this Code section, the term “housing proj-
ect” means any facilities under the jurisdiction of a housing authority which constitute single or multifamily
dwelling units occupied by low and moderate-income families pursuant to Chapter 3 of Title 8.
(c) Any person who violates or conspires to violate subsection (a) or (b) of this Code section shall be guilty of
a felony and upon conviction shall receive the following punishment:
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00,
or both; or
(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40
years or a fine of not more than $40,000.00, or both. It shall be mandatory for the court to impose a mini-
mum sentence of five years which may not be suspended unless otherwise provided by law.
A sentence imposed under this Code section shall be served consecutively to any other sentence imposed.
(d) A conviction arising under this Code section shall not merge with a conviction arising under any other
provision of this article.
(e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agen-
cy or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet
of the real property of any publicly owned or publicly operated housing project or the real property set apart
for use as a park, playground, recreation center, or for any other recreation purposes, or a true copy of the
map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-
facie evidence of the location and boundaries of the area, if the governing body of the municipality or county
has approved the map as an official record of the location and boundaries of the area. A map approved under
this Code section may be revised from time to time by the governing body of the municipality or county.
The original of every map approved or revised under this subsection or a true copy of such original map
shall be filed with the municipality or county and shall be maintained as an official record of the municipal-
ity or county. This subsection shall not preclude the prosecution from introducing or relying upon any other
evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(f) The governing authority of a municipality or county may adopt regulations requiring the posting of signs
designating the areas within 1,000 feet of any lands or buildings set apart for use as parks, playgrounds, rec-
reation centers, or any other recreation purposes as “Drug-free Recreation Zones” and designating the areas
within 1,000 feet of the real property of any publicly owned or publicly operated housing project as “Drug-
free Residential Zones.”
(g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct
took place entirely within a private residence, that no person 17 years of age or younger was present in such
private residence at any time during the commission of the offense, and that the prohibited conduct was not
carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affir-
mative defense with respect to any offense under this chapter other than the offense provided for in subsec-
tions (a) and (b) of this Code section.