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Home » US Law » 2022 Georgia Code » Title 45 - Public Officers and Employees » Chapter 23 - Drug-Free Public Work Force

§ 45-23-1. Short Title

This chapter shall be known and may be cited as the “Drug-free Public Work Force Act of 1990.” History. Code 1981, § 45-23-1 , enacted by Ga. L. 1990, p. 2004, § 1.

§ 45-23-2. Legislative Finding and Declaration

The General Assembly finds that the manufacture, distribution, sale, or possession of controlled substances, marijuana, and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and […]

§ 45-23-3. Definitions

As used in this chapter, the term: “Controlled substance” means any drug, substance, or immediate precursor included in the definition of the term “controlled substance” in paragraph (4) of Code Section 16-13-21. “Convicted” or “conviction” refers to a final conviction in a court of competent jurisdiction or the acceptance of a plea of guilty. “Dangerous […]

§ 45-23-4. Suspension or Termination of Public Employee Convicted of Drug Offense

Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be suspended from his or her public employment for a period […]

§ 45-23-5. Ineligibility for Public Employment of Person Convicted of Drug Offense

Any person who has been convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of three […]

§ 45-23-6. Additional or More Stringent Sanctions Authorized

The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to prohibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, sale, or possession of a controlled substance, […]

§ 45-23-7. Continuance of Employment for Drug User; Requirements and Procedure

On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee’s public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug […]

§ 45-23-8. Administrative Procedures

Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for departments or agencies subject to the board’s rules and regulations, as such terms are defined in Code Section 45-20-2, and by other public employers for other public employees under their management and control. Such procedures shall include those […]

§ 45-23-9. Application of Chapter

This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any public employer from implementing sanctions additional to or other than those provided for in this chapter with respect to offenses committed prior to July 1, 1990. History. […]