Title 16

The department shall establish rules and regulations to implement the requirements of this part. Nothing in this part shall be construed to authorize the department to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand …

(a)(1) Nothing in this part shall require a dispenser to obtain information about a patient from the PDMP; provided, however, that dispensers are encouraged to obtain such information while keeping in mind that the purpose of such data base includes reducing duplicative prescribi…

(a) A dispenser who knowingly and intentionally fails to submit prescription information to the department as required by this part or knowingly and intentionally submits incorrect prescription information shall be guilty of a felony and, upon conviction thereof, shall be punishe…

(a) This part shall not apply to any veterinarian. (b) This part shall not apply to any drug, substance, or immediate precursor classified as an exempt over-the-counter (OTC) Schedule V controlled substance pursuant to this chapter or pursuant to board rules established in accorda…

This article shall be known and may be cited as the “Dangerous Drug Act.” History. Code 1933, § 79A-701, enacted by Ga. L. 1967, p. 296, § 1.

Any term used in this article and not defined in this article but defined in Code Section 16-13-21 shall have the meaning provided for that term in Code Section 16-13-21. History. Code 1981, § 16-13-70.1, enacted by Ga. L. 2001, p. 816, § 3.

(a) A “dangerous drug” means any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription. In an…

Except as provided for in this article, it shall be unlawful for any person, firm, corporation, or association to sell, give away, barter, exchange, distribute, or possess in this state any dangerous drug, except under the following conditions: (1) A drug manufacturer, wholesaler,…

(a) A permit issued by the State Board of Pharmacy under paragraph (1) of Code Section 16-13-72 may be suspended or revoked by the State Board of Pharmacy upon a finding that the drug manufacturer, wholesaler, distributor, or supplier: (1) Has furnished false or fraudulent materia…

(a) Whenever a pharmacist dispenses a dangerous drug, he shall, in each case, place upon the container the following information: (1) Name of the patient; (2) Name of the practitioner prescribing the drug; (3) The expiration date, if any, of the drug; (4) Name and address of the …

(a) All written prescription drug orders for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for adm…

(a) Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practiti…

No person shall obtain or attempt to obtain any dangerous drug by use of a fictitious name or by the giving of a false address. History. Ga. L. 1939, p. 288, § 5; Code 1933, § 79A-708, enacted by Ga. L. 1967, p. 296, § 1.

(a) No person shall obtain or attempt to obtain any dangerous drug or attempt to procure the administration of any such drug by: (1) Fraud, deceit, misrepresentation, or subterfuge; (2) The forgery or alteration of any prescription or of any written order; (3) The concealment of …

(a) No person shall prescribe or order the dispensing of a dangerous drug, except a registered practitioner who is: (1) Licensed or otherwise authorized by this state to prescribe dangerous drugs; (2) Acting in the usual course of his professional practice; and (3) Prescribing or…

Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this Code section shall be g…

(a) Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatm…

As used in this article, the term “model glue” means any glue, cement, solvent, or chemical substance containing one or more of the following chemicals: acetone, amyl chloride (iso- and tertiary), benzene, carbon disulfide, carbon tetrachloride, chloroform, ether, ethyl acetate, e…

No person shall, for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue, provided that this Code section shall not apply to t…

No person shall intentionally possess, buy, sell, transfer possession, or receive possession of any model glue for the purpose of violating or aiding another person to violate this article. History. Ga. L. 1968, p. 1194, § 3.

No person shall sell or transfer possession of any model glue to another person under 18 years of age, nor shall any person under 18 years of age possess or buy any model glue unless the purchase is for model building or other lawful use and the person under 18 years of age has i…

The person making a sale or transfer of possession of model glue to a person under 18 years of age must require the purchaser to exhibit the written consent of his parent or guardian and the name and address of the consenting parent or guardian. All data required by this Code sec…

No provisions in this article shall be construed to repeal or limit laws or ordinances of the governing authority of any county or municipality regulating, restricting, or prohibiting the sale of model glue to any person under the age of 18, nor shall this article restrict the go…

(a) As used in this article, the term: (1) “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. (2) “Convicted” or “conviction” refers to a final conviction …

(a) Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate l…

Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each licensing authority. History. Code 1981, § 16-13-112, enacted by Ga. L. 1990, p. 2009, § 1.

The provisions of this article shall be supplemental to and shall not operate to prohibit any licensing authority from acting pursuant to those provisions of law which may now or hereafter authorize other sanctions and actions for that particular licensing authority. History. Cod…

As used in this article, the term: (1) “Adulterated” has the same meaning as in Code Section 26-2-26. (2) “Kratom” means the tropical evergreen known as Mitragyna speciosa, which is native to Southeast Asia and contains the alkaloid mitragynine or metabolite 7-hydroxymitragynine.…

(a)(1) No person shall knowingly sell or transfer possession of any kratom, kratom product, or kratom extract to another person under 21 years of age, nor shall any person under 21 years of age purchase or possess any kratom, kratom product, or kratom extract. (2)(A) The prohibit…

(a) All kratom products sold in, or delivered to, this state shall be derived from the natural kratom plant, and any manufactured or processed kratom product, including kratom extracts, shall not be modified, chemically or otherwise, processed, synthesized, or otherwise treated in…

Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13-110 to 16-13-114. DENTISTS. Assisted suicide, §16-5-5. Drugs. Professions and occupations. Sanctions against licensed persons for certain violations generally, §§16-13…

Definitions. Administration of article; standards and schedules. Nomenclature for controlled substances. Establishment of schedules of controlled substances. Schedule I. Schedule II. Schedule III. Exempt anabolic steroids. Schedule IV. Schedule V. Nonnarcotic substances excluded f…

Medical marijuana. Access to medical cannabis. Advertising or marketing to registered patients or public. Restrictions, §16-12-215. MARRIAGE. Bigamy, §§16-6-20, 16-6-21. MARRIAGE AND FAMILY THERAPISTS. Controlled substances. Professions and occupations. Sanctions against licensed…

Prescriptions. Unauthorized distribution and dispensation; refusal or failure to keep records; refusal to permit inspection; unlawfully maintaining structure or place; penalty. Unauthorized distribution; penalties. Penalties under other laws. Powers of enforcement personnel. Admi…

Law enforcement officers. Obstructing or hindering law enforcement officers, §16-10-24. Penalties, §16-10-24. OPPROBRIOUS LANGUAGE. Assault and battery. Simple assault or simple battery. Justification, §16-5-25. OCCUPATIONAL THERAPISTS. Assisted suicide, §16-5-5. Controlled substa…

Medical marijuana. Access to medical cannabis. Dispensing and distribution generally. Exemptions from arrest, prosecution, etc, §16-12-231. Notice. Assisted suicide, notice to licensing boards of conviction, §16-5-5. Partial-birth abortion. Medical necessity as exception to prohi…

Intentional inhalation of model glue; application of article to anesthesia. Possession, sale, or transfer of model glue. Sale or transfer of model glue to minors. Maintenance of records of sales to minors. Effect of article on laws or ordinances of counties and municipalities. Pe…

This chapter shall be known and may be cited as the “Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act.” History. Code 1933, § 26-3401, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 2015, p. 693, § 2-25/HB 233.

(a) A valid judgment rendered by a court of a jurisdiction having a law substantially similar to this chapter shall be recognized and enforced by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to this chapter would be enforced in…

In any criminal proceeding, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. History. Code 1933, § 26-3410, …

The state may, in any civil action or civil forfeiture proceeding brought pursuant to this chapter, file with the clerk of the court a certificate stating that the case is of special public importance. A copy of such certificate shall be furnished immediately by such clerk to the ch…

(a) The General Assembly finds that a severe problem is posed in this state by the increasing sophistication of various criminal elements and the increasing extent to which the state and its citizens are harmed as a result of the activities of these elements. (b) The General Assem…

As used in this chapter, the term: (1) “Civil forfeiture proceeding” shall have the same meaning as set forth in Code Section 9-16-2. (2) “Criminal proceeding” means any criminal proceeding commenced by the Department of Law or the office of any district attorney under any provis…

Crosa, 177 Ga. App. 707, 340 S.E.2d 664, 1986 Ga. App. LEXIS 1506 (1986). Falsely accusing customers of shoplifting, even if it constituted a pattern of criminal activity, was not conduct intended to derive pecuniary gain as required by O.C.G.A. § 16-14-4. Sevcech v. Ingles Mkts.…

(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years’ imprisonment or the fine specified in subsection (b) of this Code section, or both. (b…

v. Phil-Dan Trucking, Inc., 270 Ga. 95, 507 S.E.2d 730, 1998 Ga. LEXIS 1042 (1998). Proof required for treble damages. — In an action based on a violation of O.C.G.A. § 16-10-20, prohibiting the making of false statements, even though plaintiff had to show the defendants’ crimina…