Title 16

The controlled substances listed in this Code section are included in Schedule II: (1) Any of the following substances, or salts thereof, except those narcotic drugs specifically exempted or listed in other schedules, whether produced directly or indirectly by extraction from subs…

The controlled substances listed in this Code section are included in Schedule III: (1) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a …

The following anabolic steroid containing compounds, mixtures, or preparations have been exempted as Schedule III Controlled Substances by the United States Drug Enforcement Administration, as listed in 21 C.F.R. 1308.34, and are therefore exempted from paragraph (6) of Code Sect…

(a) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, i…

The controlled substances listed in this Code section are included in Schedule V: (1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic, active, medicinal ingre…

The following nonnarcotic substances which may, under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301), be lawfully sold over the counter without a prescription, are excluded from all schedules of controlled substances under this article: Trade name or designation (Dosage…

State, 282 Ga. App. 322, 638 S.E.2d 773, 2006 Ga. App. LEXIS 1301 (2006), cert. denied, No. S07C0427, 2007 Ga. LEXIS 203 (Ga. Feb. 26, 2007). Passenger’s testimony, stating that the defendant passed marijuana to the passenger and told the passenger to discard the marijuana, was s…

(a)(1) It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either: (A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled…

(a) Any person who knowingly manufactures, distributes, or possesses with intent to distribute an imitation controlled substance as defined in paragraph (12.1) of Code Section 16-13-21 is guilty of a misdemeanor of a high and aggravated nature. (b) The provisions of this Code sect…

(a) As used in this Code section, the term: (1) “Ephedrine” or “pseudoephedrine” means any drug product containing ephedrine or pseudoephedrine or any of their salts, isomers, or salts of isomers, alone or in a mixture. (2) “Georgia Meth Watch” means the program entitled Georgia …

(a) As used in this Code section and unless otherwise specified, the term “board” or “board of pharmacy” shall mean the State Board of Pharmacy. (b)(1) A wholesale distributor who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine…

(a) It shall be illegal for a person to possess, whether acquired through theft or other means, any substance with the intent to: (1) Use such substance in the manufacture of a Schedule I or Schedule II controlled substance; or (2) Knowingly convey such substance to another for u…

(a) As used in this Code section, the term: (1) “Marijuana flavored product” means any product, including lollipops, gumdrops, or other candy, which is flavored to taste like marijuana or hemp. The term shall include, but is not limited to, “Chronic Candy,” “Kronic Kandy,” or “Pot …

(a) As used in this Code section, the term: (1) “Controlled substance” has the same meaning as provided in Code Section 16-13-21. (2) “Controlled substance counterfeiting material” means a punch, die, plate, stone, or other item designed to print, imprint, or reproduce the tradem…

State, 283 Ga. App. 266, 16-13-31 641 S.E.2d 264, 2007 Ga. App. LEXIS 31 (2007). Mere presence at residence insufficient for drug conviction. — Defendant was entitled to reversal of the convictions for possession with intent to distribute and trafficking drugs because the defenda…

(a) Any person who sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, or any mixture containing 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine …

(a) As used in this Code section, the term: (1) “Drug related object” means any instrument, device, or object which is designed or marketed as useful primarily for one or more of the following purposes: (A) To ingest, inhale, or otherwise introduce marijuana or a controlled subst…

(a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute any object or materials of any kind which such person or corporation intends to be used for the purpose of planting, propagating…

(a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, an…

(a) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a se…

(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school…

State, 214 Ga. App. 77, 447 S.E.2d 74, 1994 Ga. App. LEXIS 775 (1994), cert. denied, No. S94C1738, 1994 Ga. LEXIS 1146 (Ga. Oct. 28, 1994). Facts required to be established by O.C.G.A. § 16-13-32.5 could be proved by the testimony of police officers familiar with the area and exp…

(a) It shall be unlawful for any person to illegally manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated under this Code section as a drug-free commercial zone. (…

State, 206 Ga. App. 829, 427 S.E.2d 276, 1992 Ga. App. LEXIS 1818 (1992), cert. denied, No. S93C0594, 1993 Ga. LEXIS 297 (Ga. Mar. 18, 1993). Consent order modifying original sentence was void. — Trial court properly vacated a consent order modifying the defendant’s original sent…

The State Board of Pharmacy may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state. History. Code 1933, § 79A-813, enacted by Ga. L. 1974, p. 221, § 1; Ga…

(a) Every person who manufactures, distributes, or dispenses any controlled substances within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state must obtain annually a registration issued by the State…

(a) The State Board of Pharmacy shall register an applicant to manufacture or distribute controlled substances included in Code Sections 16-13-25 through 16-13-29 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determ…

(a) A registration under Code Section 16-13-36 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the State Board of Pharmacy upon a finding that the registrant: (1) Has furnished false or fraudulent material information in any applicatio…

(a) Before denying, suspending, revoking, or limiting registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, limited, or suspended, or why…

Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed, or otherwise disposed of and shall maintain such records an…

Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with federal law respecting order forms shall be deemed compliance with this Code section. History. Code 1933, § 79A-819, enacted by G…

(a) Except when dispensed directly by a registered practitioner, other than a pharmacy or pharmacist, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a registered practitioner. (b) When a practitioner writes a presc…

(a) It is unlawful for any person: (1) Who is subject to the requirements of Code Section 16-13-35 to distribute or dispense a controlled substance in violation of Code Section 16-13-41; (2) Who is a registrant to manufacture a controlled substance not authorized by his registrat…

(a) It is unlawful for any person: (1) Who is a registrant to distribute a controlled substance classified in Schedule I or II, except pursuant to an order form as required by Code Section 16-13-40; (2) To use, in the course of the manufacture or distribution of a controlled subst…

Any penalty imposed for violation of this article is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. History. Code 1933, § 79A-823, enacted by Ga. L. 1974, p. 221, § 1.

Any officer or employee of the State Board of Pharmacy designated by the director of the Georgia Drugs and Narcotics Agency may: (1) Carry firearms in the performance of his official duties; (2) Execute and serve search warrants, arrest warrants, administrative inspection warrants…

(a) Issuance and execution of inspection warrants shall be as follows: (1) A judge of the superior, state, city, or magistrate court, or any municipal officer clothed by law with the powers of a magistrate, upon proper oath or affirmation showing probable cause, may issue warrant…

(a) The superior courts of this state may exercise jurisdiction to restrain or enjoin violations of this article. (b) The defendant may demand a trial by jury for an alleged violation of an injunction or restraining order under this Code section. History. Code 1933, § 79A-826, en…

(a) The State Board of Pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may: (1) Arrange for the exchange of inform…

State, 167 Ga. App. 77, 306 S.E.2d 11, 1983 Ga. App. LEXIS 2398 (1983) (decided under former O.C.G.A. § 16-13-49). Participation in preliminary hearing constitutes notice. — Assistant district attorney’s participation in the preliminary hearing at which testimony concerning the s…

(a) It is not necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article. The burden of proof of any exemption or exception is upon the p…

All final determinations, findings, and conclusions of the State Board of Pharmacy under this article are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the Superior Court of Fulton County. Findings o…

(a) The State Board of Pharmacy and the Georgia Drugs and Narcotics Agency shall carry out programs designed to prevent and deter misuse and abuse of controlled substances. (b) The State Board of Pharmacy and the Georgia Drugs and Narcotics Agency shall encourage research on misu…

Any orders and rules promulgated under any law affected by this article and in effect on July 1, 1974, and not in conflict with it shall continue in effect until modified, superseded, or repealed. History. Code 1933, § 79A-833, enacted by Ga. L. 1974, p. 221, § 1.

This article shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states which enact it. History. Code 1933, § 79A-834, enacted by Ga. L. 1974, p. 221, § 1.

(a) As used in this part, the term: (1) “Department” means the Department of Public Health. (2) “PDMP” means the prescription drug monitoring program data base. (b) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the depart…