O.C.G.A. § 40-6-391(a)(6)
(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
Elements of the charge:
The prosecutor must prove beyond a reasonable doubt:
- Person was driving or had actual physical control of the vehicle; and
- Person has any amount of marijuana or a controlled substance or a derivative or metabolite (i.e., a “by-product” created by the body’s elimination of the contraband substance) in the blood.