Quantities of Distilled Spirits Which May Be Lawfully Possessed

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It is not unlawful for any person to have and possess, for use and not for sale, in any county or municipality within the state, one standard case of 1.75 liter, liter, or 750 milliliter size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters, which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 23B; Ga. L. 1976, p. 1715, §§ 1, 2; Code 1933, § 5A-7105, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 61.)

OPINIONS OF THE ATTORNEY GENERAL

Possession of out-of-state purchased liquor.

- The Code allows possession of up to one-half gallon of distilled spirits purchased by the possessor outside of this state in accordance with the laws of the place where purchased and brought into this state by the purchaser. 1984 Op. Att'y Gen. No. U84-16.

There is no quantity limitation for possessing Georgia-tax-paid distilled spirits in a wet county for personal use, which in this context means for the possessor's own personal consumption, including free gifts to the possessor's family or friends. 1984 Op. Att'y Gen. No. U84-16.

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, § 47 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 505 et seq.

ALR.

- Right to arrest without a warrant for unlawful possession or transportation of intoxicating liquor, 44 A.L.R. 1342.


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