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:

1. Per­son was dri­ving or had actual phys­i­cal con­trol of the vehi­cle; and
2. 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