16-13-1. [
Index ]
(a) As used in this Code
section, the term:
(1) 'Controlled substance' shall
have the same meaning as defined in Article 2 of this chapter, relating to
controlled substances. For the purposes of this Code section, the term
'controlled substance' shall include marijuana as defined by paragraph (16) of
Code Section 16-13-21.
(2) 'Dangerous drug' shall
have the same meaning as defined in Article 3 of this chapter, relating to
dangerous drugs.
(3) 'Drug related object' means any
machine, instrument, tool, equipment, contrivance, or device which an average
person would reasonably conclude is intended to be used for one or more of the
following purposes:
(A) To introduce into the human
body any dangerous drug or controlled substance under circumstances in violation
of the laws of this state;
(B) To enhance the effect
on the human body of any dangerous drug or controlled substance under
circumstances in violation of the laws of this state;
(C) To conceal any quantity of any dangerous drug or
controlled substance under circumstances in violation of the laws of this state;
or
(D) To test the strength, effectiveness, or purity
of any dangerous drug or controlled substance under circumstances in violation
of the laws of this state.
(4) 'Knowingly' means
having general knowledge that a machine, instrument, tool, item of equipment,
contrivance, or device is a drug related object or having reasonable grounds to
believe that any such object is or may, to an average person, appear to be a
drug related object. If any such object has printed thereon or is accompanied by
instructions explaining the purpose and use of such object and if following such
instructions would cause a person to commit an act involving the use or
possession of a dangerous drug or controlled substance in violation of the laws
of this state, then such instructions shall constitute prima-facie evidence of
knowledge that the object in question is a drug related object.
(5) 'Minor' means any unmarried person under the age
of 18 years.
(b) Except as otherwise provided by
subsection (d) of this Code section, it shall be unlawful for any person
knowingly to sell, deliver, distribute, display for sale, or provide to a minor
or knowingly possess with intent to sell, deliver, distribute, display for sale,
or provide to a minor any drug related object.
(c) It
shall be unlawful for any minor falsely to represent to any person that such
minor is 18 years of age or older with the intent to purchase or otherwise
obtain any drug related object.
(d) No person shall
be guilty of violating subsection (b) of this Code section if:
(1) The person had reasonable cause to believe that
the minor involved was 18 years of age or older because the minor exhibited to
such person a driver´s license, birth certificate, or other official or
apparently official document purporting to establish that the minor was 18 years
of age or older;
(2) The person made an honest
mistake in believing that the minor was 18 years of age or over after making a
reasonable bona fide attempt to ascertain the true age of the minor;
(3) The person was the parent or guardian of the
minor; or
(4) The person was acting in his capacity as
an employee or official of any governmental agency, governmental institution,
public school or other public educational institution, any bona fide private
school, educational institution, health care facility, or institution; or the
person was acting in his capacity as a registered pharmacist or veterinarian or
under the direction of a registered pharmacist or veterinarian to sell such
object for a legitimate medical purpose.
(e) Any
person who violates subsection (b) of this Code section shall be guilty of a
misdemeanor for the first offense. For the second or any subsequent offense, a
person violating subsection (b) of this Code section shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one nor more than five years or by a fine of not less than $1,000.00 nor
more than $5,000.00, or both. Any person violating subsection (c) of this Code
section shall be guilty of a misdemeanor.
16-13-2.
[
Index ]
(a) Whenever any person who has not previously been
convicted of any offense under Article 2 or Article 3 of this chapter or of any
statute of the United States or of any state relating to narcotic drugs,
marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to
or is found guilty of possession of a narcotic drug, marijuana, or stimulant,
depressant, or hallucinogenic drug, the court may without entering a judgment of
guilt and with the consent of such person defer further proceedings and place
him on probation upon such reasonable terms and conditions as the court may
require, preferably terms which require the person to undergo a comprehensive
rehabilitation program, including, if necessary, medical treatment, not to
exceed three years, designed to acquaint him with the ill effects of drug abuse
and to provide him with knowledge of the gains and benefits which can be
achieved by being a good member of society. Upon violation of a term or
condition, the court may enter an adjudication of guilt and proceed accordingly.
Upon fulfillment of the terms and conditions, the court shall discharge the
person and dismiss the proceedings against him. Discharge and dismissal under
this Code section shall be without court adjudication of guilt and shall not be
deemed a conviction for purposes of this Code section or for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime.
Discharge and dismissal under this Code section may occur only once with respect
to any person.
(b) Notwithstanding any law to the
contrary, any person who is charged with possession of marijuana, which
possession is of one ounce or less, shall be guilty of a misdemeanor and
punished by imprisonment for a period not to exceed 12 months or a fine not to
exceed $1,000.00, or both, or public works not to exceed 12 months.
16-13-3. [
Index ]
Any person who
shall abandon, in a public place, any dangerous drug, poison, or controlled
substance as defined by Article 2 or Article 3 of this chapter shall be guilty
of a misdemeanor.
16-13-4.
[
Index ]
(a) No controlled substance or dangerous drug shall
be sold for dispensing unless the controlled substance, as defined in Code
Section 16-13-21, or the dangerous drug, as defined in Code Section 16-13-71:
(1) Is approved by the Food and Drug Administration
for resale;
(2) Has a new approved drug application
number (known as an NDA number) unless excepted by the Food and Drug
Administration; or
(3) Has an approved abbreviated new
drug application number (known as an ANDA number) unless excepted by the Food
and Drug Administration.
(b) Any person who violates
subsection (a) of this Code section shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment of not less than one year
nor more than five years.
16-13-20.
[
Index ]
This article shall be known and may be cited as the
'Georgia Controlled Substances Act.'
16-13-21.
[
Index ]
As used in this article, the term:
(1) 'Administer' means the direct application of a
controlled substance, whether by injection, inhalation, ingestion, or by any
other means, to the body of a patient or research subject by:
(A) A practitioner or, in his presence, by his
authorized agent; or
(B) The patient or research
subject at the direction and in the presence of the practitioner.
(2) 'Agent' of a manufacturer, distributor, or
dispenser means an authorized person who acts on behalf of or at the direction
of a manufacturer, distributor, or dispenser. It does not include a common or
contract carrier, public warehouseman, or employee of the carrier or
warehouseman.
(3) 'Bureau' means the Drug Enforcement
Administration, United States Department of Justice, or its successor agency.
(4) 'Controlled substance' means a drug, substance,
or immediate precursor in Schedules I through V of Code Sections 16-13-25
through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308.
(5) 'Conveyance' means any object, including
aircraft, vehicle, or vessel, but not including a person, which may be used to
carry or transport a substance or object.
(6)
'Counterfeit substance' means:
(A) A controlled
substance which, or the container or labeling of which, without authorization,
bears the trademark, trade name, or other identifying mark, imprint, number, or
device, or any likeness thereof, of a manufacturer, distributor, or dispenser
other than the person who in fact manufactured, distributed, or dispensed the
controlled substance;
(B) A controlled substance or
noncontrolled substance, which is held out to be a controlled substance or
marijuana, whether in a container or not which does not bear a label which
accurately or truthfully identifies the substance contained therein;
or
(C) Any substance, whether in a container or not,
which bears a label falsely identifying the contents as a controlled substance.
(6.1) 'Dangerous drug' means any drug, other than a
controlled substance, which cannot be dispensed except upon the issuance of a
prescription drug order by a practitioner authorized under this chapter.
(6.2) 'DEA' means the United States Drug Enforcement
Administration.
(7) 'Deliver' or 'delivery' means the
actual, constructive, or attempted transfer from one person to another of a
controlled substance, whether or not there is an agency relationship.
(8) 'Dependent,' 'dependency,' 'physical dependency,'
'psychological dependency,' or 'psychic dependency' means and includes the state
of dependence by an individual toward or upon a substance, arising from the use
of that substance, being characterized by behavioral and other responses which
include the loss of self-control with respect to that substance, or a strong
compulsion to use that substance on a continuous basis in order to experience
some psychic effect resulting from the use of that substance by that individual,
or to avoid any discomfort occurring when the individual does not use that
substance.
(9) 'Dispense' means to deliver a
controlled substance to an ultimate user or research subject by or pursuant to
the lawful order of a practitioner, including the prescribing, administering,
packaging, labeling, or compounding necessary to prepare the substance for that
delivery, or the delivery of a controlled substance by a practitioner, acting in
the normal course of his professional practice and in accordance with this
article, or to a relative or representative of the person for whom the
controlled substance is prescribed.
(10) 'Dispenser'
means a practitioner who dispenses.
(11) 'Distribute'
means to deliver a controlled substance, other than by administering or
dispensing it.
(12) 'Distributor' means a person who
distributes.
(12.05) 'FDA' means the United States
Food and Drug Administration.
(12.1) 'Imitation
controlled substance' means:
(A) A product
specifically designed or manufactured to resemble the physical appearance of a
controlled substance, such that a reasonable person of ordinary knowledge would
not be able to distinguish the imitation from the controlled substance by
outward appearances; or
(B) A product, not a
controlled substance, which, by representations made and by dosage unit
appearance, including color, shape, size, or markings, would lead a reasonable
person to believe that, if ingested, the product would have a stimulant or
depressant effect similar to or the same as that of one or more of the
controlled substances included in Schedules I through V of Code Sections
16-13-25 through 16-13-29.
(13) 'Immediate precursor'
means a substance which the State Board of Pharmacy has found to be and by rule
identifies as being the principal compound commonly used or produced primarily
for use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance, the control of which is
necessary to prevent, curtail, or limit manufacture.
(14) 'Isomers' means stereoisomers (optical isomers),
geometrical isomers, and structural isomers (chain and positional isomers, but
shall not include functional isomers).
(15)
'Manufacture' means the production, preparation, propagation, compounding,
conversion, or processing of a controlled substance, either directly or
indirectly by extraction from substances of natural origin, or independently by
means of chemical synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container, except that this term does
not include the preparation, compounding, packaging, or labeling of a controlled
substance:
(A) By a practitioner as an incident to
his administering or dispensing of a controlled substance in the course of his
professional practice; or
(B) By a practitioner or by
his authorized agent under his supervision for the purpose of, or as an incident
to, research, teaching, or chemical analysis and not for sale.
(16) 'Marijuana' means all parts of the plant of the
genus Cannabis, whether growing or not, the seeds thereof, the resin extracted
from any part of such plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of such plant, its seeds, or resin; but shall not
include samples as described in subparagraph (P) of paragraph (3) of Code
Section 16-13-25 and shall not include the completely defoliated mature stalks
of such plant, fiber produced from such stalks, oil, or cake, or the completely
sterilized samples of seeds of the plant which are incapable of germination.
(17) 'Narcotic drug' means any of the following,
whether produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:
(A)
Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate;
(B) Any salt, compound, isomer, derivative,
or preparation thereof which is chemically equivalent or identical with any of
the substances referred to in subparagraph (A) of this paragraph, but not
including the isoquinoline alkaloids of opium;
(C)
Opium poppy and poppy straw;
(D) Coca leaves and any
salt, compound, derivative, stereoisomers of cocaine, or preparation of coca
leaves, and any salt, compound, stereoisomers of cocaine, derivative, or
preparation thereof which is chemically equivalent or identical with any of
these substances, but not including decocainized coca leaves or extractions of
coca leaves which do not contain cocaine or ecgonine.
(18) 'Opiate' means any substance having an
addiction-forming or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless specifically
designated as controlled under Code Section 16-13-22, the dextrorotatory isomer
of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include
its racemic and levorotatory forms.
(19) 'Opium
poppy' means the plant of the species Papaver somniferum L., except its seeds.
(20) 'Person' means an individual, corporation,
government, or governmental subdivision or agency, business trust, estate,
trust, partnership, or association, or any other legal entity.
(21) 'Poppy straw' means all parts, except the seeds,
of the opium poppy after mowing.
(22) 'Potential for
abuse' means and includes a substantial potential for a substance to be used by
an individual to the extent of creating hazards to the health of the user or the
safety of the public, or the substantial potential of a substance to cause an
individual using that substance to become dependent upon that substance.
(23) 'Practitioner' means:
(A) A physician, dentist, pharmacist, podiatrist,
veterinarian, scientific investigator, or other person licensed, registered, or
otherwise authorized under the laws of this state to distribute, dispense,
conduct research with respect to, or to administer a controlled substance in the
course of professional practice or research in this state;
(B) A pharmacy, hospital, or other institution
licensed, registered, or otherwise authorized by law to distribute, dispense,
conduct research with respect to, or to administer a controlled substance in the
course of professional practice or research in this state;
or
(C) A physician?s assistant acting pursuant to the
authority of subsection (e.1) of Code Section 43-34-103. For purposes of this
chapter and subsection (e.1) of Code Section 43-34-103 and notwithstanding the
provisions of subsection (g) of Code Section 43-34-26.1, a physician?s assistant
is authorized to register with the federal Drug Enforcement Administration and
appropriate state authorities.
(24) 'Production'
includes the manufacture, planting, cultivation, growing, or harvesting of a
controlled substance.
(25) 'Registered' or 'register'
means registration as required by this article.
(26)
'Registrant' means a person who is registered under this article.
(27) 'State,' when applied to a part of the United
States, includes any state, district, commonwealth, territory, insular
possession thereof, or any area subject to the legal authority of the United
States.
(28) 'Ultimate user' means a person who
lawfully possesses a controlled substance for his own use, for the use of a
member of his household, or for administering to an animal owned by him or by a
member of his household or an agent or representative of the person.
(29) 'Noncontrolled substance' means any drug or
other substance other than a controlled substance as defined by paragraph (4) of
this Code section.
16-13-22.
[
Index ]
(a) The State Board of Pharmacy shall administer this
article and shall add substances to or reschedule all substances enumerated in
the schedules in Code Sections 16-13-25 through 16-13-29 pursuant to the
procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' In making a determination or identification regarding a substance, the
State Board of Pharmacy shall consider the following factors:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological
effect, if known;
(3) The state of current scientific
knowledge regarding the substance;
(4) The history
and current pattern of abuse;
(5) The scope,
duration, and significance of abuse;
(6) The risk to
the public health;
(7) The potential of the substance
to produce psychic or physiological dependence liability;
(8) Whether the substance is an immediate precursor
of a substance already controlled under this article;
and
(9) The designation, deletion, or rescheduling of
a substance under federal law controlling controlled substances.
(b) After considering the factors enumerated in
subsection (a) of this Code section, the State Board of Pharmacy shall make
findings with respect thereto and cause the publication of such findings as a
rule, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' controlling the substance if it finds the substance has a
potential for abuse.
(c) If the State Board of
Pharmacy identifies a substance as an immediate precursor, substances which are
precursors of the controlled substance shall not be subject to control solely
because they are precursors of the controlled substance.
(d) Authority to control under this Code section does
not extend to distilled spirits, wine, malt beverages, or tobacco, as those
terms are defined or used in Title 3 or 48.
16-13-23. [
Index ]
The controlled
substances listed in the schedules in Code Sections 16-13-25 through 16-13-29
are included by whatever official, common, usual, chemical, or trade name
designated.
16-13-24.
[
Index ]
(a) There are established five schedules of
controlled substances, to be known as Schedules I, II, III, IV, and V. The
schedules shall consist of the substances listed in Code Sections 16-13-25
through 16-13-29. The schedules so established shall be updated and republished
by the State Board of Pharmacy on an annual basis.
(b)
Except in the case of an immediate precursor, a drug or other substance may not
be placed in any schedule unless the findings required for such schedule are
made with respect to the drug or other substance. The findings for each of the
schedules are as follows:
(1) Schedule I:
(A) The drug or other substance has a high potential
for abuse;
(B) The drug or other substance has no
currently accepted medical use in treatment in the United States;
and
(C) There is a lack of accepted safety for use of
the drug or other substance under medical supervision.
(2) Schedule II:
(A) The
drug or other substance has a high potential for abuse;
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States or a currently accepted
medical use with severe restrictions; and
(C) Abuse of
the drug or other substance may lead to severe psychological or physical
dependence.
(3) Schedule III:
(A) The drug or other substance has a potential for
abuse less than the drugs or other substances in Schedules I and II;
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States;
and
(C) Abuse of the drug or other substance may lead
to moderate or low physical dependence or high psychological dependence.
(4) Schedule IV:
(A) The
drug or other substance has a low potential for abuse relative to the drugs or
other substances in Schedule III;
(B) The drug or
other substance has a currently accepted medical use in treatment in the United
States; and
(C) Abuse of the drug or other substance
may lead to limited physical dependence or psychological dependence relative to
the drugs or other substances in Schedule III.
(5)
Schedule V:
(A) The drug or other substance has a low
potential for abuse relative to the drugs or other substances in Schedule IV;
(B) The drug or other substance has a currently
accepted medical use in treatment in the United States;
and
(C) Abuse of the drug or other substance may lead
to limited physical dependence or psychological dependence relative to the drugs
or other substances in Schedule IV.
16-13-25.
[
Index ]
The controlled substances listed in this Code section
are included in Schedule I:
(1) Any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers, unless specifically excepted, pursuant to this article,
whenever the existence of these isomers, esters, ethers, and salts is possible
within the specific chemical designation:
(A)
Acetylmethadol;
(B) Allylprodine;
(C) Reserved;
(D)
Alphameprodine;
(E) Alphamethadol;
(F) Benzethidine;
(G)
Betacetylmethadol;
(H) Betameprodine;
(I) Betamethadol;
(J)
Betaprodine;
(K) Clonitazene;
(L) Dextromoramide;
(M)
Dextromorphan;
(N) Diampromide;
(O) Diethylthiambutene;
(P)
Dimenoxadol;
(Q) Dimetheptanol;
(R) Dimethylthiambutene;
(S) Dioxaphetyl butyrate;
(T) Dipipanone;
(U)
Ethylmethylthiambutene;
(V) Etonitazene;
(W) Etoxeridene;
(X)
Furethidine;
(Y) Hydroxypethidine;
(Z) Ketobemidone;
(AA)
Levomoramide;
(BB) Levophenacylmorphan;
(CC) Morpheridine;
(DD)
Noracymethadol;
(EE) Norlevorphanol;
(FF) Normethadone;
(GG)
Norpipanone;
(HH) Phenadoxone;
(II) Phenampromide;
(JJ)
Phenomorphan;
(KK) Phenoperidine;
(LL) Piritramide;
(MM)
Proheptazine;
(NN) Properidine;
(OO) Propiram;
(PP)
Racemoramide;
(QQ) Trimeperidine;
(2) Any of the following opium derivatives, their
salts, isomers, and salts of isomers, unless specifically excepted, whenever the
existence of these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A) Acetorphine;
(B) Acetyldihydrocodeine;
(C) Benzylmorphine;
(D)
Codeine methylbromide;
(E) Codeine-N-Oxide;
(F) Cyprenorphine;
(G)
Desomorphine;
(H) Dihydromorphine;
(I) Etorphine;
(J) Heroin;
(K) Hydromorphinol;
(L)
Methyldesorphine;
(M) Methyldihydromorphine;
(N) Morphine methylbromide;
(O) Morphine methylsulfonate;
(P) Morphine-N-Oxide;
(Q)
Myrophine;
(R) Nicocodeine;
(S) Nicomorphine;
(T)
Normorphine;
(U) Pholcodine;
(V) Thebacon;
(3) Any
material, compound, mixture, or preparation which contains any quantity of the
following hallucinogenic substances, their salts, isomers (whether optical,
position, or geometrics), and salts of isomers, unless specifically excepted,
whenever the existence of these salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A) 3,
4-methylenedioxyamphetamine;
(B) 5-methoxy-3,
4-methylenedioxyamphetamine;
(C) 3, 4,
5-trimethoxyamphetamine;
(D) Bufotenine;
(E) Diethyltryptamine;
(F)
Dimethyltryptamine;
(G) 4-methyl-2,
5-dimethoxyamphetamine;
(H) Ibogaine;
(I) Lysergic acid diethylamide;
(J) Mescaline;
(K) Peyote;
(L) N-ethyl-3-piperidyl benzilate;
(M) N-methyl-3-piperidyl benzilate;
(N) Psilocybin;
(O)
Psilocyn;
(P) Tetrahydrocannabinols which shall
include, but are not limited to:
(i) All synthetic or
naturally produced samples containing more than 15 percent by weight of
tetrahydrocannabinols; and
(ii) All synthetic or
naturally produced tetrahydrocannabinol samples which do not contain plant
material exhibiting the external morphological features of the plant cannabis;
(Q) 2, 5-dimethoxyamphetamine;
(R) 4-bromo-2, 5-dimethoxyamphetamine;
(S) 4-methoxyamphetamine;
(T) Cyanoethylamphetamine;
(U) (1-phenylcyclohexyl) ethylamine;
(V) 1-(1-phenylcyclohexyl) pyrrolidine;
(W) Phencyclidine;
(X)
1-piperidinocyclohexanecarbonitrile;
(Y)
1-phenyl-2-propanone (phenylacetone);
(Z) 3,
4-Methylenedioxymethamphetamine;
(AA)
1-methyl-4-phenyl-4-propionoxypiperidine;
(BB)
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine;
(CC)
3-methylfentanyl;
(DD) N-ethyl-3,
4-methylenedioxyamphetamine;
(EE) Para-flurofentanyl;
(FF) 2,5-Dimethoxy-4-Ethylamphetamine;
(GG) Cathinone;
(HH) MPPP
(1-Methyl-4-Phenyl-4-Propionoxypiperidine);
(II)
PEPAP (1-(2-phenethyl)-4 phenyl-4-acetoxypiperide);
(JJ) Alpha-Methylthiofentanyl;
(KK) Acetyl-Alpha-Methylfentanyl;
(LL) 3-Methylthiofentanyl;
(MM) Beta-Hydroxyfentanyl;
(NN) Thiofentanyl;
(OO)
3,4-Methylenedioxy-N-Ethylamphetamine;
(PP)
4-Methylaminorex;
(QQ)
N-Hydroxy-3,4-Methylenedioxyamphetamine;
(RR)
Beta-Hydroxy-3-Methylfentanyl;
(SS) MDMA (3, 4
Methylene Dioxymethamphetamine);
(TT) N,
N-Dimethylamphetamine;
(UU)
1-(1-(2-thienyl)cyclohexy)pyrrolidine;
(VV)
4-Bromo-2,5-Dimethoxyphenethylamine (DMPE);
(WW)
Alpha-Ethyltryptamine;
(XX) Methcathinone;
(YY) Aminorex;
(4) Any
material, compound, mixture, or preparation which contains any of the following
substances having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers, unless specifically excepted, whenever
the existence of these salts, isomers, and salts of isomers is possible within
the specific chemical designation:
(A) Fenethylline;
(B) N-(1-benzyl-4-piperidyl)-N-phenylpropanamide
(benzyl-fentanyl);
(C)
N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl);
(5) Any material, compound, mixture, or preparation
which contains any quantity of the following substances, their salts, isomers
(whether optical, position, or geometrics), and salts of isomers, unless
specifically excepted, whenever the existence of these substances, their salts,
isomers, and salts of isomers is possible within the specific chemical
designation:
(A) Gamma hydroxybutyric acid (gamma
hydroxy butyrate); provided, however, that this does not include any amount
naturally and normally occurring in the human body;
and
(B) Sodium oxybate, when the FDA approved form of
this drug is not:
(i) In a container labeled in
compliance with subsection (a) or (b) of Code Section 26-3-8;
and
(ii) In the possession of:
(I) A registrant permitted to dispense the drug;
(II) Any person other than to whom the drug was
prescribed; or
(III) Any person who attempts to or
does unlawfully possess, sell, distribute, or give this drug to any other
person;
(6) Notwithstanding the fact that Schedule I
substances have no currently accepted medical use, the General Assembly
recognizes certain of these substances which are currently accepted for certain
limited medical uses in treatment in the United States but have a high potential
for abuse. Accordingly, unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of methaqualone, including its salts, isomers, optical isomers, salts
of their isomers, and salts of these optical isomers, is included in Schedule I;
(7) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine
(2C-T-7);
(8) 1-(3-Trifluromethylphenyl) Piperazine
(TFMPP);
(9) N-Benzylpiperazine (BZP).
16-13-26. [
Index ]
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 substances
of vegetable origin, or independently by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by combination of
extraction and chemical synthesis:
(A) Opium and
opiate, and any salt, compound, derivative, or preparation of opium or opiate,
excluding naloxone hydrochloride, but including the following:
(i) Raw opium;
(ii) Opium
extracts;
(iii) Opium fluid extracts;
(iv) Powdered opium;
(v)
Granulated opium;
(vi) Tincture of opium;
(vii) Codeine;
(viii)
Ethylmorphine;
(ix) Hydrocodone;
(x) Hydromorphone;
(xi)
Metopon;
(xii) Morphine;
(xiii) Oxycodone;
(xiv)
Oxymorphone;
(xv) Thebaine;
(B) Any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or identical with any of the
substances referred to in subparagraph (A) of this paragraph, except that these
substances shall not include the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw;
(D) Cocaine, coca leaves, any salt, compound,
derivative, stereoisomers of cocaine, or preparation of coca leaves, and any
salt, compound, derivative, stereoisomers of cocaine, or preparation thereof
which is chemically equivalent or identical with any of these substances, but
not including decocainized coca leaves or extractions which do not contain
cocaine or ecgonine;
(2) Any of the following
opiates, including their isomers, esters, ethers, salts, and salts of isomers,
whenever the existence of these isomers, esters, ethers, and salts is possible
within the specific chemical designation:
(A)
Alfentanil;
(A.1) Alphaprodine;
(B) Anileridine;
(C)
Bezitramide;
(D) Dihydrocodeine;
(E) Diphenoxylate;
(F)
Fentanyl;
(G) Isomethadone;
(G.5) Levo-alphacetylmethadol (some other names:
levomethadyl acetate, LAAM);
(H) Levomethorphan;
(I) Levorphanol;
(J)
Methazocine;
(K) Methadone;
(L) Methadone-Intermediate,
4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(M)
Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic
acid;
(N) Pethidine (meperidine);
(O) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(P)
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(Q) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(R)
Phenazocine;
(S) Piminodine;
(T) Racemethorphan;
(U)
Racemorphan;
(U.1) Remifentanil;
(V) Sufentanil;
(3) 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 stimulant effect on the central nervous system:
(A) Amphetamine, its salts, optical isomers, and
salts of its optical isomers;
(B) Any substance which
contains any quantity of methamphetamine, including its salts, isomers, and
salts of isomers;
(C) Phenmetrazine and its salts;
(D) Methylphenidate;
(E)
Carfentanil;
(F) Nabilone;
(G) Dimethylamphetamine;
(4) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which contains
any of the following substances included as having a depressant effect on the
central nervous system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A)
Amobarbital;
(A.5) Glutethimide;
(B) Secobarbital;
(C)
Pentobarbital.
16-13-27.
[
Index ]
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 stimulant effect on the central nervous system, including its salts,
isomers (whether optical, position, or geometric), and salts of such isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A) Those
compounds, mixtures, or preparations in dosage unit forms containing any
stimulant substances which are listed as excepted compounds by the State Board
of Pharmacy pursuant to this article, and any other drug of quantitative
composition so excepted or which is the same except that it contains a lesser
quantity of controlled substances;
(B) Benzphetamine;
(C) Chlorphentermine;
(D)
Clortermine;
(E) Phendimetrazine;
(2) 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 depressant effect
on the central nervous system:
(A) Any compound,
mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or
any salts thereof and one or more active medicinal ingredients which are not
listed in any schedule;
(B) Any suppository dosage
form containing amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs and approved by the State Board of Pharmacy for marketing only as a
suppository;
(C) Any substance which contains any
quantity of a derivative of barbituric acid or any salt thereof;
(D) Chlorhexadol;
(E)
Reserved;
(F) Lysergic acid;
(G) Lysergic acid amide;
(H) Methyprylon;
(I)
Sulfondiethylmethane;
(J) Sulfonethylmethane;
(K) Sulfonmethane;
(L)
Tiletamine/Zolozepam (Telazol);
(3) Nalorphine;
(4) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation containing
limited quantities of the following narcotic drugs, or any salts thereof:
(A) Not more than 1.8 grams of codeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with
an equal or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than 1.8 grams of codeine, or any of its
salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(C) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone), or any of its salts, per 100 milliliters or not more than 15
milligrams per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium;
(D) Not more than 300
milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100
milliliters or not more than 15 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(E) Not more than 1.8 grams of dihydrocodeine, or any
of its salts, per 100 milliliters or not more than 90 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(F) Not more than 300 milligrams of
ethylmorphine, or any of its salts, per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(G) Not more than 500
milligrams of opium per 100 milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(H) Not more than 50
milligrams of morphine, or any of its salts, per 100 milliliters or per 100
grams with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(5) The State Board of Pharmacy may except
by rule any compound, mixture, or preparation containing any stimulant or
depressant substance listed in paragraphs (1) and (2) of this Code section from
the application of all or any part of this article if the compound, mixture, or
preparation contains one or more active, medicinal ingredients not having a
stimulant or depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances which have
a stimulant or depressant effect on the central nervous system;
(6) Any anabolic steroid or any salt, ester, or
isomer of a drug or substance described or listed in this paragraph, if that
salt, ester, or isomer promotes muscle growth. Such term does not include an
anabolic steroid which is expressly intended for administration through implants
to cattle or other nonhuman species and which has been approved by the secretary
of health and human services for such administration:
(A) Boldenone;
(B)
Chlorotestosterone;
(C) Clostebol;
(D) Dehydrochlormethyltestosterone;
(E) Dihydrotestosterone;
(F) Drostanolone;
(G)
Ethylestrenol;
(H) Fluoxymesterone;
(I) Formebolone;
(J)
Mesterolone;
(K) Methandienone;
(L) Methandranone;
(M)
Methandriol;
(N) Methandrostenolone;
(O) Methenolone;
(P)
Methyltestosterone;
(Q) Mibolerone;
(R) Nandrolone;
(S)
Norethandrolone;
(T) Oxandrolone;
(U) Oxymesterone;
(V)
Oxymetholone;
(W) Stanolone;
(X) Stanozolol;
(Y)
Testolactone;
(Z) Testosterone;
(AA) Trenbolone;
(7)
Ketamine;
(8) Dronabinol (synthetic) in sesame oil
and encapsulated in a U.S. Food and Drug Administration approved drug product
also known as Marinol;
(9) Sodium oxybate, when the
FDA approved form of this drug is in a container labeled in compliance with
subsection (a) or (b) of Code Section 26-3-8, in the possession of a registrant
permitted to dispense the drug, or in the possession of a person to whom it has
been lawfully prescribed;
(10) Buprenorphine.
16-13-27.1. [
Index ]
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 Section 16-13-27:
TABLE OF EXEMPT ANABOLIC STEROID
PRODUCTS
Trade
Name Company
Androgen LA Forest Pharmaceuticals St.
Louis, MO
Andro-Estro 90-4 Rugby Labs Rockville
Centre, NY
depANDROGYN Forest Pharmaceuticals St.
Louis, MO
DEPO-T.E. Quality Research Pharm Carmel,
IN
depTESTROGEN Maroca Pharm Phoenix,
AZ
Duomone Winitec Pharm Pacific,
MO
DURATESTRIN W. E. Hauck Alpharetta,
GA
DUO-SPAN II Premedics Labs Gardena,
CA
Estratest Solvay Pharmaceuticals Marietta,
GA
Estratest HS Solvay Pharmaceuticals Marietta,
GA
PAN ESTRA TEST Pan American Labs Covington,
LA
Premarin 1.25mg with Methyltestosterone Ayerst
Labs, Inc. New York, NY
Premarin 0.625mg with
Methyltestosterone Ayerst Labs, Inc. New York,
NY
TEST-ESTRO Cypionates Rugby Labs Rockville Centre,
NY
Testosterone Cyp 50 Estradiol Cyp 2 I.D.E.
Interstate Amityville, NY
Testosterone
Cypionate-Estradiol Cypionate Injection Best Generics N. Miami Beach,
FL
Testosterone Cypionate-Estradiol Cypionate
Injection Schein Pharm Port Washington,
NY
Testosterone Cypionate-Estradiol Cypionate
Injection Steris Labs, Inc. Phoenix, AZ
Testosterone
Cypionate-Estradiol Valerate Injection Schein Pharm Port Washington,
NY
Testosterone Enanthate-Estradiol Valerate
Injection Steris Labs, Inc. Phoenix,
AZ
16-13-28. [
Index ]
(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, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specified chemical designation, included as having a stimulant or
depressant effect on the central nervous system or a hallucinogenic effect:
(1) Alprazolam;
(2)
Barbital;
(2.1) Bromazepam;
(2.15) Butorphanol;
(2.2)
Camazepam;
(2.25) Carisoprodol;
(2.3) Cathine;
(3) Chloral
betaine;
(4) Chloral hydrate;
(5) Chlordiazepoxide, but not including librax
(chlordiazepoxide hydrochloride and clidinium bromide) or menrium
(chlordiazepoxide and water soluble esterified estrogens);
(5.1) Clobazam;
(6)
Clonazepam;
(7) Clorazepate;
(7.1) Clotiazepam;
(7.2)
Cloxazolam;
(7.3) Delorazepam;
(8) Desmethyldiazepam;
(8.5) Dexfenfluramine;
(9)
Reserved;
(10) Diazepam;
(11) Diethylpropion;
(11.05) Difenoxin;
(11.1)
Estazolam;
(12) Ethchlorvynol;
(13) Ethinamate;
(13.1)
Ethyl loflazepate;
(13.2) Fencamfamin;
(14) Fenfluramine;
(14.1)
Flunitrazepam;
(14.2) Fenproporex;
(15) Flurazepam;
(16)
Halazepam;
(16.1) Haloxazolam;
(16.2) Ketazolam;
(16.3)
Lometazepam;
(16.4) Loprazolam;
(17) Lorazepam;
(18)
Mazindol;
(19) Mebutamate;
(19.1) Medazepam;
(19.2)
Mefenorex;
(20) Meprobamate;
(21) Methohexital;
(22)
Methylphenobarbital;
(22.1) Midazolam;
(22.15) Modafinil;
(22.2)
Nimetazepam;
(22.3) Nitrazepam;
(22.4) Nordiazepam;
(23)
Oxazepam;
(23.1) Oxazolam;
(24) Paraldehyde;
(25)
Pemoline;
(26) Pentazocine;
(27) Petrichloral;
(28)
Phenobarbital;
(29) Phentermine;
(29.1) Pipradrol;
(30)
Prazepam;
(30.05) Propoxyphene (including all salts
and optical isomers);
(30.1) Quazepam;
(30.2) Sibutramine;
(30.3)
SPA (-)-1-dimethylamino-1, 2-diphenylethane;
(31)
Temazepam;
(32) Triazolam;
(32.5) Zaleplon;
(33)
Zolpidem.
(b) The State Board of Pharmacy may except
by rule any compound, mixture, or preparation containing any depressant,
stimulant, or hallucinogenic substance listed in subsection (a) of this Code
section from the application of all or any part of this article if the compound,
mixture, or preparation contains one or more active, medicinal ingredients not
having a depressant or stimulant effect on the central nervous system, and if
the admixtures are included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the substances which have
a depressant or stimulant effect on the central nervous system.
16-13-29. [
Index ]
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 ingredients in
sufficient proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by the narcotic drug
alone:
(A) Not more than 200 milligrams of codeine,
or any of its salts, per 100 milliliters or per 100 grams;
(B) Not more than 100 milligrams of dihydrocodeine,
or any of its salts, per 100 milliliters or per 100 grams;
(C) Not more than 100 milligrams of ethylmorphine, or
any of its salts, per 100 milliliters or per 100 grams;
(D) Not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage unit;
(E) Not more than 100 milligrams of opium per 100
milliliters or per 100 grams;
(2) Reserved;
(3) Reserved; or
(4)
Pyrovalerone.
16-13-29.1.
[
Index ]
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 form) Composition/Potency Manufacturer or
distributor
Amodrin (Tablet) Phenobarbital/8.00 mg;
Aminophylline/100.00 mg; Racephedrine/25.00 mg Searle, G.D. &
Co.
Amodrine E C (Enteric-coated
tablet) Phenobarbital/8.00 mg; Aminophylline/100.00 mg; Racephedrine/25.00
mg Searle, G.D. & Co.
Anodyne (Ointment) Chloral
hydrate/0.69 g/30 g Zemmer Co.
Anti-Asthma
(Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine
hydrochloride/ 25.00 mg Ormont Drug &
Chem.
Anti-asthmatic (Tablet) Phenobarbital/8.10 mg;
Ephedrine hydrochloride/ 24.00 mg; Theophylline/ 130.00 mg Zenith Labs.,
Inc.
Asma-Ese (Tablet) Phenobarbital/8.10 mg;
Theophylline/129.60 mg; Ephedrine hydrochloride/ 24.30 mg Parmed
Pharm.
Asma-Lief (Tablet) Phenobarbital/8.10 mg;
Ephedrine hydrochloride/ 24.30 mg; Theophylline/ 129.60 mg Columbia Medical
Co.
Asma-Lief Pediatric
(Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine hydrochloride/ 12.00 mg/05
ml; Theophylline/ 65.00 mg/05 ml Columbia Medical
Co.
Asma Tuss (Syrup) Phenobarbital/4.00 mg/05 ml;
Glyceryl guaiacolate/50.00 mg/05 ml; Chlorphentramine maleate/1.00 mg/05 ml;
Ephedrine sulfate/12.00 mg/05 ml; Theophylline/ 15.00 mg/05 ml Halsey Drug
Co.
Azma-Aid (Tablet) Phenobarbital/8.00 mg;
Theophylline/129.60 mg; Ephedrine hydrochloride/ 24.30 mg Rondex
Labs.
Azmadrine (Tablet) Phenobarbital/8.00 mg;
Ephedrine hydrochloride/ 24.00 mg; Theophylline/ 130.00 mg U.S.
Ethicals.
Benzedrex Inhaler
(Inhaler) Propylhexedrine Smith Kline Consumer
Products.
Bet-U-Lol (Liquid) Chloral hydrate/0.54 g/30
ml; Methyl salicylate/30.10 g/30 ml; Menthol/0.69 g/30 ml Huxley
Pharm.
Bronkolixir (Elixir) Phenobarbital/4.00 mg/05
ml; Theophylline/15.00 mg/05 ml; Ephedrine sulfate/12.00 mg/05 ml; Glyceryl
guaiacolate/50.00 mg/05 ml Breon Labs.
Bronkotabs
(Tablet) Phenobarbital/8.00 mg; Theophylline/100.00 mg; Glyceryl
guaiacolate/100.00 mg; Ephedrine sulfate/24.00 mg Breon
Labs.
Bronkotabs-Hafs (Tablet) Phenobarbital/4.00 mg;
Glyceryl guaiacolate/50.00 mg; Theophylline/50.00 mg; Ephedrine sulfate/12.00
mg Breon Labs.
Ceepa (Tablet) Phenobarbital/8.00 mg;
Theophylline/130.00 mg; Ephedrine hydrochloride/ 24.00 mg Geneva
Drugs.
Chlorasal (Ointment) Chloral hydrate/648.00
mg/30 g; Menthol/972.00 mg/30 g; Methyl salicylate/4.277 g/30 g Wisconsin
Pharmacal.
Choate´s Leg Freeze (Liquid) Chloral
hydrate/7.40 g/30 ml; Ether/10.3 ml/30 ml; Menthol/6.3 g/30 ml; Camphor/8.7
g/30 ml Bickmore, Inc.
Chloro-salicylate
(Ointment) Chloral hydrate/648.00 mg/30 g; Methyl salicylate/6.66 g/30 g;
Menthol/1.13 g/30 g Kremers-Urban Co.
Menthalgesic
(Ointment) Chloral hydrate/0.45 g/30 g; Menthol/0.45 g/30 g; Methyl
salicylate/3.60 g/30 g; Camphor/0.45 g/30 g Blue Line Chem
Co.
Neoasma (Tablet) Phenobarbital/10.00 mg;
Theophylline/130.00 mg; Ephedrine hydrochloride/ 24.00 mg Tarmac
Products.
P.E.C.T. (Tablet) Phenobarbital/8.10 mg;
Chlorpheniramine maleate/ 2.00 mg; Ephedrine sulfate/24.30 mg;
Theophylline/129.60 mg Halsom Drug Co.
Primatene
(Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/ 24.00 mg;
Theophylline/ 130.00 mg Whitehall Labs.
Rynal
(Spray) d1-methamphetamine hydrochloride/0.11 g/50 ml; Antipyrine/0.14 g/50 ml;
Pyriamine maleate/0.005 g/50 ml; Hyamine 2389/0.01 g/50 ml Blaine
Co.
S-K Asthma (Tablet) Phenobarbital/8.00 mg;
Ephedrine hydrochloride/ 24.30 mg; Theophylline/ 129.60 mg S-K Research
Labs.
Tedral (Tablet) Phenobarbital/8.00 mg;
Theophylline/130.00 mg; Ephedrine hydrochloride/ 24.00
mg Warner-Chilcott.
Tedral Anti H
(Tablet) Phenobarbital/8.00 mg; Chlorpheniramine maleate/ 2.00 mg;
Theophylline/ 130.00 mg; Ephedrine hydrochloride/24.00
mg Warner-Chilcott.
Tedral Antiasthmatic
(Tablet) Phenobarbital/8.00 mg; Theophylline/130.00 mg; Ephedrine
hydrochloride/ 24.00 mg Parke-Davis & Co.
Tedral
Elixir (Elixir) Phenobarbital/2.00 mg/05 ml; Ephedrine hydrochloride/6.00 mg/05
ml; Theophylline/ 32.50 mg/05
ml Warner-Chilcott.
Tedral Pediatric
(Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine hydrochloride/12.00 mg/05
ml; Theophylline/ 65.00 mg/05
ml Warner-Chilcott.
Teephen
(Tablet) Phenobarbital/8.00 mg; Ephedrine hydrochloride/ 24.00 mg;
Theophylline/ 130.00 mg Robinson Labs.
Teephen
Pediatric (Suspension) Phenobarbital/4.00 mg/05 ml; Ephedrine
hydrochloride/12.00 mg/05 ml; Theophylline anhydrous/65.00 mg/05 ml Robinson
Labs.
TEP (Tablet) Phenobarbital/8.00 mg;
Theophylline/130.00 mg; Ephedrine hydrochloride/ 24.00 mg Towne, Paulsen &
Co., Inc.
T.E.P. Compound (Tablet) Phenobarbital/8.10
mg; Theophylline/129.60 mg; Ephedrine hydrochloride/ 24.30 mg Stanlabs,
Inc.
Thedrizem (Tablet) Phenobarbital/8.00 mg;
Ephedrine hydrochloride/ 25.00 mg; Theophylline/ 100.00 mg Zemmer
Co.
Theobal (Tablet) Phenobarbital/8.00 mg; Ephedrine
hydrochloride/ 24.00 mg; Theophylline/ 130.00 mg Halsey Drug
Co.
Val-Tep (Tablet) Phenobarbital/8.00 mg; Ephedrine
hydrochloride/ 24.00 mg; Theophylline/ 130.00 mg Vale Chemical
Co.
Verequad (Suspension) Phenobarbital/4.00 mg/05 ml;
Ephedrine hydrochloride/ 12.00 mg/05 ml; Theophylline calcium salicylate/65.00
mg/05 ml; Glyceryl guaiacolate/ 50.00 mg/05 ml Knoll
Pharm.
Verequad (Tablet) Phenobarbital/8.00 mg;
Ephedrine hydrochloride/24.00 mg; Glyceryl guaiacolate/100.00 mg; Theophylline
calcium salicylate/130.00 mg Knoll Pharm.
Vicks
Inhaler (Inhaler) 1-Desoxyephedrine/113.00 mg Vick Chemical
Co.
16-13-29.2. [
Index ]
The
Georgia State Board of Pharmacy shall have the authority to exempt and control
the sale of Schedule V controlled substances by rule which shall allow the sale
of such substances without the need for issuance of a prescription from a
medical practitioner and shall require such substances to be sold only in a
pharmacy when such substances are sold without a prescription. Such substances
shall be known as Exempt Over-the-Counter (OTC) Schedule V Controlled
Substances.
16-13-30. [
Index ]
(a)
Except as authorized by this article, it is unlawful for any person to purchase,
possess, or have under his control any controlled substance.
(b) Except as authorized by this article, it is
unlawful for any person to manufacture, deliver, distribute, dispense,
administer, sell, or possess with intent to distribute any controlled substance.
(c) Except as otherwise provided, any person who
violates subsection (a) of this Code section with respect to a controlled
substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment for not
less than two years nor more than 15 years. Upon conviction of a second or
subsequent offense, he shall be imprisoned for not less than five years nor more
than 30 years.
(d) Except as otherwise provided, any
person who violates subsection (b) of this Code section with respect to a
controlled substance in Schedule I or Schedule II shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 30 years. Upon conviction of a second or
subsequent offense, he or she shall be imprisoned for not less than ten years
nor more than 40 years or life imprisonment. The provisions of subsection (a) of
Code Section 17-10-7 shall not apply to a sentence imposed for a second such
offense; provided, however, that the remaining provisions of Code Section
17-10-7 shall apply for any subsequent offense.
(e)
Any person who violates subsection (a) of this Code section with respect to a
controlled substance in Schedule II, other than a narcotic drug, shall be guilty
of a felony and, upon conviction thereof, shall be punished by imprisonment for
not less than two years nor more than 15 years. Upon conviction of a second or
subsequent offense, he shall be punished by imprisonment for not less than five
years nor more than 30 years.
(f) Reserved.
(g) Any person who violates subsection (a) of this
Code section with respect to a controlled substance in Schedule III, IV, or V
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one year nor more than five years. Upon
conviction of a second or subsequent offense, he shall be imprisoned for not
less than one year nor more than ten years.
(h) Any
person who violates subsection (b) of this Code section with respect to a
controlled substance in Schedule III, IV, or V shall be guilty of a felony and,
upon conviction thereof, shall be punished by imprisonment for not less than one
year nor more than ten years.
(i) Except as
authorized by this article, it is unlawful for any person to possess, have under
his control, manufacture, deliver, distribute, dispense, administer, purchase,
sell, or possess with intent to distribute a counterfeit substance. Any person
who violates this subsection shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one year nor more
than ten years.
(j)(1) It is unlawful for any person
to possess, have under his control, manufacture, deliver, distribute, dispense,
administer, purchase, sell, or possess with intent to distribute marijuana.
(2) Except as otherwise provided in subsection (c) of
Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this
subsection shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one year nor more than ten years.
(k) It shall be unlawful for any person to hire,
solicit, engage, or use an individual under the age of 17 years, in any manner,
for the purpose of manufacturing, distributing, or dispensing, on behalf of the
solicitor, any controlled substance, counterfeit substance, or marijuana unless
the manufacturing, distribution, or dispensing is otherwise allowed by law. Any
person who violates this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than five
years nor more than 20 years or by a fine not to exceed $20,000.00, or both.
(l)(1) Any person who violates subsection (a) of this
Code section with respect to flunitrazepam, a Schedule IV controlled substance,
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than two years nor more than 15 years. Upon conviction
of a second or subsequent offense, such person shall be punished by imprisonment
for not less than five years nor more than 30 years.
(2) Any person who violates subsection (b) of this
Code section with respect to flunitrazepam, a Schedule IV controlled substance,
shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than five years nor more than 30 years. Upon
conviction of a second or subsequent offense, such person shall be punished by
imprisonment for not less than ten years nor more than 40 years or life
imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not
apply to a sentence imposed for a second such offense, but that subsection and
the remaining provisions of Code Section 17-10-7 shall apply for any subsequent
offense.
16-13-30.1.
[
Index ]
(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 substance;
(B) The express or implied representation that the
substance is of such nature or appearance that the recipient of said delivery
will be able to distribute said substance as a controlled substance;
or
(C) The express or implied representation that the
substance has essentially the same pharmacological action or effect as a
controlled substance.
(2) The definitions of the
terms 'deliver,' 'delivery,' 'distribute,' 'dispense,' and 'manufacture'
provided in Code Section 16-13-21 shall not be applicable to this Code section;
but such terms as used in this Code section shall have the meanings ascribed to
them in the ordinary course of business.
(b) An
implied representation may be shown by proof of any two of the following:
(1) The manufacture, delivery, distribution,
dispensing, or sale included an exchange or a demand for money or other valuable
property as consideration for delivery of the substance and the amount of such
consideration was substantially in excess of the reasonable value of the
noncontrolled substance;
(2) The physical appearance
of the finished product containing the substance is substantially identical to a
specific controlled substance;
(3) The finished
product bears an imprint, identifying mark, number, or device which is
substantially identical to the trademark, identifying mark, imprint, number, or
device of a manufacturer licensed by the Food and Drug Administration of the
United States Department of Health and Human Services.
(c) In any prosecution for unlawful manufacture,
delivery, distribution, possession with intent to distribute, dispensing, or
sale of a noncontrolled substance, it is no defense that the accused believed
the noncontrolled substance to be actually a controlled substance.
(d) The provisions of this Code section shall not
prohibit a duly licensed business establishment, acting in the usual course of
business, from selling or for a practitioner, acting in the usual course of his
professional practice, from dispensing a drug preparation manufactured by a
manufacturer licensed by the Food and Drug Administration of the United States
Department of Health and Human Services for over-the-counter sale which does not
bear a label stating 'Federal law prohibits dispensing without a prescription'
or similar language meaning that the drug preparation requires a prescription.
(e) The unlawful manufacture, delivery, distribution,
dispensing, possession with the intention to distribute, or sale of a
noncontrolled substance in violation of this Code section is a felony and, upon
conviction thereof, such person shall be punished by imprisonment for not less
than one year nor more than ten years or by a fine not to exceed $25,000.00, or
both.
(f) All property which would be subject to
forfeiture under the provisions of subsection (d) of Code Section 16-13-49 for a
violation of this article which is used, or intended for use, to facilitate, or
is derived from, a violation of this Code section and any noncontrolled
substance which is manufactured, distributed, dispensed, possessed with the
intent to distribute, or sold in violation of this Code section are declared to
be contraband and there shall be no property interest therein. Any property or
noncontrolled substance which is subject to the provisions of this subsection
shall be forfeited in accordance with the procedures of Code Section 16-13-49.
16-13-30.2. [
Index ]
(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 section are
cumulative and shall not be construed as restricting any remedy, provisional or
otherwise, provided by law for the benefit of any party.
(c) No civil or criminal liability shall be imposed
by virtue of this Code section on any person registered under this article who
manufactures, distributes, or possesses an imitation controlled substance for
use by a practitioner, as defined in paragraph (23) of Code Section 16-13-21, in
the course of lawful professional practice or research.
(d) All materials which are manufactured,
distributed, or possessed in violation of this Code section are declared to be
contraband and shall be forfeited according to the procedure described in Code
Section 16-13-49.
16-13-30.3.
[
Index ]
(a) As used in this Code section, the term:
(1) 'Ephedrine,' 'pseudoephedrine,' and
'phenylpropanolamine' mean any drug product containing ephedrine,
pseudoephedrine, or phenylpropanolamine, or any of their salts, isomers, or
salts of isomers, alone or in a mixture.
(2)
'Personal use' means the sale in a single transaction to an individual customer
for a legitimate medical use of a product containing ephedrine, pseudoephedrine,
or phenylpropanolamine in quantities at or below that specified in subsection
(b) of this Code section, and includes the sale of those products to employers
to be dispensed to employees from first-aid kits or medicine chests.
(3) 'Retail distributor' means a grocery store,
general merchandise store, drugstore, convenience store, or other related
entity, the activities of which involve the distribution of ephedrine,
pseudoephedrine, or phenylpropanolamine products.
(b)(1) It is unlawful for any person, other than a
person or entity described in paragraph (28), (29), or (33) of Code Section
26-4-5 or a retail distributor, to knowingly possess any product that contains
ephedrine, pseudoephedrine, or phenylpropanolamine in an amount which exceeds
300 pills, tablets, gelcaps, capsules, or other individual units or more than 9
grams of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts,
isomers, or salts of isomers, or a combination of any of these substances,
whichever is smaller.
(2) It shall be unlawful for
any person to possess any amount of a substance set forth in this Code section
with the intent to manufacture amphetamine or methamphetamine.
(3) Any person who violates the provisions of this
Code section shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one year nor more than ten years.
(c) This Code section shall not apply to:
(1) Pediatric products primarily intended for
administration to children under 12 years of age, according to label
instructions, either:
(A) In solid dosage form whose
recommended dosage, according to label instructions, does not exceed 15
milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per individual
dosage unit; or
(B) In liquid form whose recommended
dosage, according to label instructions, does not exceed 15 milligrams of
ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of
liquid product;
(2) Pediatric liquid products
primarily intended for administration to children under two years of age for
which the recommended dosage does not exceed two milliliters and the total
package content does not exceed one fluid ounce; or
(3)
Products that the State Board of Pharmacy, upon application of a manufacturer,
exempts by rule from this Code section because the product has been formulated
in such a way as to prevent effectively the conversion of the active ingredient
into methamphetamine or its salts or precursors.
(d)
Except as authorized by this article, it is unlawful for any person to possess,
have under his or her control, manufacture, deliver, distribute, dispense,
administer, purchase, sell, or possess with intent to distribute any substance
containing any amounts of ephedrine, pseudoephedrine, phenylpropanolamine, or
any of their salts, optical isomers, or salts of optical isomers which have been
altered from their original condition so as to be powdered, liquefied, or
crushed. This subsection shall not apply to any of the substances identified
within this subsection which are possessed or altered for a legitimate medical
purpose. Any person who violates this subsection shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one year or more than ten years.
16-13-31.
[
Index ]
(a)(1) Any person who knowingly sells, manufactures,
delivers, or brings into this state or who is knowingly in possession of 28
grams or more of cocaine or of any mixture with a purity of 10 percent or more
of cocaine, as described in Schedule II, in violation of this article commits
the felony offense of trafficking in cocaine and, upon conviction thereof, shall
be punished as follows:
(A) If the quantity of the
cocaine or the mixture involved is 28 grams or more, but less than 200 grams,
the person shall be sentenced to a mandatory minimum term of imprisonment of ten
years and shall pay a fine of $200,000.00;
(B) If the
quantity of the cocaine or the mixture involved is 200 grams or more, but less
than 400 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of 15 years and shall pay a fine of $300,000.00;
and
(C) If the quantity of the cocaine or the mixture
involved is 400 grams or more, the person shall be sentenced to a mandatory
minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
(2) Any person who knowingly sells, manufactures,
delivers, or brings into this state or who is knowingly in possession of any
mixture with a purity of less than 10 percent of cocaine, as described in
Schedule II, in violation of this article commits the felony offense of
trafficking in cocaine if the total weight of the mixture multiplied by the
percentage of cocaine contained in the mixture exceeds any of the quantities of
cocaine specified in paragraph (1) of this subsection. Upon conviction thereof,
such person shall be punished as provided in paragraph (1) of this subsection
depending upon the quantity of cocaine such person is charged with knowingly
selling, manufacturing, delivering, or bringing into this state or knowingly
possessing.
(b) Any person who knowingly sells,
manufactures, delivers, brings into this state, or has possession of 4 grams or
more of any morphine or opium or any salt, isomer, or salt of an isomer thereof,
including heroin, as described in Schedules I and II, or 4 grams or more of any
mixture containing any such substance in violation of this article commits the
felony offense of trafficking in illegal drugs and, upon conviction thereof,
shall be punished as follows:
(1) If the quantity of
such substances involved is 4 grams or more, but less than 14 grams, the person
shall be sentenced to a mandatory minimum term of imprisonment of five years and
shall pay a fine of $50,000.00;
(2) If the quantity
of such substances involved is 14 grams or more, but less than 28 grams, the
person shall be sentenced to a mandatory minimum term of imprisonment of ten
years and shall pay a fine of $100,000.00; and
(3) If
the quantity of such substances involved is 28 grams or more, the person shall
be sentenced to a mandatory minimum term of imprisonment of 25 years and shall
pay a fine of $500,000.00.
(c) Any person who
knowingly sells, manufactures, grows, delivers, brings into this state, or has
possession of a quantity of marijuana exceeding 10 pounds commits the offense of
trafficking in marijuana and, upon conviction thereof, shall be punished as
follows:
(1) If the quantity of marijuana involved is
in excess of 10 pounds, but less than 2,000 pounds, the person shall be
sentenced to a mandatory minimum term of imprisonment of five years and shall
pay a fine of $100,000.00;
(2) If the quantity of
marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the
person shall be sentenced to a mandatory minimum term of imprisonment of seven
years and shall pay a fine of $250,000.00; and
(3) If
the quantity of marijuana involved is 10,000 pounds or more, the person shall be
sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay
a fine of $1 million.
(d) Any person who knowingly
sells, manufactures, delivers, or brings into this state 200 grams or more of
methaqualone or of any mixture containing methaqualone, as described in
paragraph (6) of Code Section 16-13-25, in violation of this article commits the
felony offense of trafficking in methaqualone and, upon conviction thereof,
shall be punished as follows:
(1) If the quantity of
the methaqualone or the mixture involved is 200 grams or more, but less than 400
grams, the person shall be sentenced to a mandatory minimum term of imprisonment
of five years and shall pay a fine of $50,000.00;
and
(2) If the quantity of the methaqualone or the
mixture involved is 400 grams or more, the person shall be sentenced to a
mandatory minimum term of imprisonment of 15 years and shall pay a fine of
$250,000.00.
(e) Any person who knowingly sells,
delivers, or brings into this state or has possession of 28 grams or more of
methamphetamine, amphetamine, or any mixture containing either methamphetamine
or amphetamine, as described in Schedule II, in violation of this article
commits the felony offense of trafficking in methamphetamine or amphetamine and,
upon conviction thereof, shall be punished as follows:
(1) If the quantity of methamphetamine, amphetamine,
or a mixture containing either substance involved is 28 grams or more, but less
than 200 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of ten years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine, amphetamine,
or a mixture containing either substance involved is 200 grams or more, but less
than 400 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of 15 years and shall pay a fine of $300,000.00;
and
(3) If the quantity of methamphetamine,
amphetamine, or a mixture containing either substance involved is 400 grams or
more, the person shall be sentenced to a mandatory minimum term of imprisonment
of 25 years and shall pay a fine of $1 million.
(f)
Any person who knowingly manufactures methamphetamine, amphetamine, or any
mixture containing either methamphetamine or amphetamine, as described in
Schedule II, in violation of this article commits the felony offense of
trafficking methamphetamine or amphetamine and, upon conviction thereof, shall
be punished as follows:
(1) If the quantity of
methamphetamine, amphetamine, or a mixture containing either substance involved
is less than 200 grams, the person shall be sentenced to a mandatory minimum
term of imprisonment of ten years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine, amphetamine,
or a mixture containing either substance involved is 200 grams or more, but less
than 400 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of 15 years and shall pay a fine of $300,000.00;
and
(3) If the quantity of methamphetamine,
amphetamine, or a mixture containing either substance involved is 400 grams or
more, the person shall be sentenced to a mandatory minimum term of imprisonment
of 25 years and shall pay a fine of $1 million.
(g)(1)
Except as provided in paragraph (2) of this subsection and notwithstanding Code
Section 16-13-2, with respect to any person who is found to have violated this
Code section, adjudication of guilt or imposition of sentence shall not be
suspended, probated, deferred, or withheld prior to serving the mandatory
minimum term of imprisonment prescribed by this Code section.
(2) The district attorney may move the sentencing
court to impose a reduced or suspended sentence upon any person who is convicted
of a violation of this Code section and who provides substantial assistance in
the identification, arrest, or conviction of any of his accomplices,
accessories, coconspirators, or principals. Upon good cause shown, the motion
may be filed and heard in camera. The judge hearing the motion may impose a
reduced or suspended sentence if he finds that the defendant has rendered such
substantial assistance.
(h) Any person who violates
any provision of this Code section in regard to trafficking in cocaine, illegal
drugs, marijuana, or methamphetamine shall be punished by imprisonment for not
less than five years nor more than 30 years and by a fine not to exceed $1
million.
16-13-32. [
Index ]
(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 inject, ingest, inhale, or otherwise introduce
marijuana or a controlled substance into the human body;
(B) To enhance the effect of marijuana or a
controlled substance on the human body;
(C) To test
the strength, effectiveness, or purity of marijuana or a controlled substance;
(D) To process or prepare marijuana or a controlled
substance for introduction into the human body;
(E)
To conceal any quantity of marijuana or a controlled substance;
or
(F) To contain or hold marijuana or a controlled
substance while it is being introduced into the human body.
(2) 'Knowing' means either actual or constructive
knowledge of the drug related nature of the object; and a person or corporation
has constructive knowledge of the drug related nature of the object if he or it
has knowledge of facts which would put a reasonable and prudent person on notice
of the drug related nature of the object.
(b) It
shall be unlawful for any person or corporation, knowing the drug related nature
of the object, to sell, lend, rent, lease, give, exchange, or otherwise
distribute to any person any drug related object. It shall also be unlawful for
any person or corporation, knowing the drug related nature of the object, to
display for sale, or possess with the intent to distribute any drug related
object. Unless stated within the body of the advertisement or notice that the
object that is advertised or about which information is disseminated is not
available for distribution of any sort in this state, it shall be unlawful for
any person or corporation, knowing the drug related nature of the object, to
distribute or disseminate in any manner to any person any advertisement of any
kind or notice of any kind which gives information, directly or indirectly, on
where, how, from whom, or by what means any drug related object may be obtained
or made.
(c) It shall be unlawful for any person or
corporation, other than a licensed pharmacist or a practitioner licensed to
dispense Legend Drugs, to sell, lend, rent, lease, give, exchange, or otherwise
distribute to any person a hypodermic syringe or needle designed or marketed
primarily for human use. It shall be an affirmative defense that the hypodermic
syringe or needle was marketed for a legitimate medical purpose.
(d) For a first offense, any person or corporation
which violates any provision of this Code section shall be guilty of a
misdemeanor. For a second offense, the defendant shall be guilty of a
misdemeanor of a high and aggravated nature. For a third or subsequent offense,
the defendant shall be guilty of a felony and, upon conviction thereof, shall be
imprisoned for not less than one year nor more than five years and shall be
fined not more than $5,000.00.
(e) All instruments,
devices, and objects which are distributed or possessed in violation of this
Code section are declared to be contraband.
(f) After
conviction and after all direct appeals from the conviction have been exhausted,
any instruments, devices, or objects which are the subject of prosecution under
this Code section may be destroyed by the state or any county or municipality
thereof without court order.
(g) Any instruments,
devices, or objects which are seized after July 1, 1980, on condemnation as
being distributed or possessed in violation of this Code section and which are
not made the subject of prosecution under this Code section may be destroyed by
the state or any county or municipality thereof if within 90 days after such
seizures are made, the district attorney or the solicitor-general of any court
that has jurisdiction to try misdemeanors in the county where the seizure
occurred shall institute condemnation proceedings in the court by petition, a
copy of which shall be served upon the owner of the seized items, if known; and
if the owner is unknown, notice of such proceedings shall be published once a
week for two weeks in the newspaper in which the sheriff´s advertisements
are published. The petition shall allege that the seized items were distributed
or possessed in violation of this Code section; and, if no defense is filed
within 30 days from the filing of the petition, judgment by default shall be
entered by the court at chambers, and the court shall order the seized items to
be destroyed; otherwise, the case shall proceed as other civil cases in the
court. Should the state prove, by a preponderance of the evidence, that the
seized items were distributed or possessed in violation of this Code section,
the court shall order the seized items to be destroyed.
16-13-32.1. [
Index ]
(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, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the human body
marijuana or a controlled substance.
(b) Unless
stated within the body of the advertisement or notice that the object or
materials that are advertised or about which information is disseminated are not
available for distribution of any sort in this state, it shall be unlawful for
any person or corporation to sell, rent, lease, give, exchange, distribute, or
possess with intent to distribute any advertisement of any kind or notice of any
kind which gives information, directly or indirectly, on where, how, from whom,
or by what means any object or materials may be obtained or made, which object
or materials such person or corporation intends to be used for the purpose of
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body marijuana or a controlled
substance.
(c) In determining whether any object or
materials are intended for any of the purposes listed in subsections (a) and (b)
of this Code section, a court or other authority shall consider all logically
relevant factors. In a trial under this Code section, any evidence admissible on
this question under the rules of evidence shall be admitted. Subject to the
rules of evidence, when they are the object of an offer of proof in a court
proceeding, the following factors are among those that should be considered by a
court or other authority on this question:
(1)
Statements by an owner or anyone in control of the object or materials;
(2) Instructions provided with the object or
materials;
(3) Descriptive materials accompanying the
object or materials;
(4) National and local
advertising or promotional materials concerning the object or materials;
(5) The appearance of, and any writing or other
representations appearing on, the object or materials;
(6) The manner in which the object or materials are
displayed for sale or other distribution;
(7) Expert
testimony concerning the object or materials; and
(8)
Any written or pictorial materials which are present in the place where the
object is located.
(d) For a first offense, any
person or corporation which violates any provision of this Code section shall be
guilty of a misdemeanor. For a second offense, the defendant shall be guilty of
a misdemeanor of a high and aggravated nature. For a third or subsequent
offense, the defendant shall be guilty of a felony and, upon conviction thereof,
shall be imprisoned for not less than one year nor more than five years and
shall be fined not more than $5,000.00.
(e) All
objects and materials which are distributed or possessed in violation of this
Code section are declared to be contraband and shall be forfeited according to
the procedure described in Code Section 16-13-49.
16-13-32.2. [
Index ]
(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, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body marijuana or a controlled substance.
(b) Any person or corporation which violates any
provision of this Code section shall be guilty of a misdemeanor.
16-13-32.3. [
Index ]
(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 separate offense under this
Code section. For purposes of this Code section, the term 'communication
facility' means any and all public and private instrumentalities used or useful
in the transmission of writing, signs, signals, pictures, or sounds of all kinds
and includes mail, telephone, wire, radio, computer or computer network, and all
other means of communication.
(b) Any person who
violates subsection (a) of this Code section shall be punished by a fine of not
more than $30,000.00 or by imprisonment for not less than one nor more than four
years, or both.
16-13-32.4.
[
Index ]
(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, or school board used for elementary or secondary education.
(b) Any person who violates or conspires to violate
subsection (a) of this Code section shall be guilty of a felony and upon
conviction shall receive the following punishment:
(1)
Upon a first conviction, imprisonment for not more than 20 years or a fine of
not more than $20,000.00, or both; or
(2) Upon a
second or subsequent conviction, imprisonment for not less than five years nor
more than 40 years or a fine of not more than $40,000.00, or both. It shall be
mandatory for the court to impose a minimum sentence of five years which may not
be suspended unless otherwise provided by law.
A
sentence imposed under this Code section shall be served consecutively to any
other sentence imposed.
(c) A conviction arising
under this Code section shall not merge with a conviction arising under any
other provision of this article.
(d) It shall be no
defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of
the offense;
(2) The real property was being used for
other purposes besides school purposes at the time of the offense;
or
(3) The offense took place on a school vehicle.
(e) In a prosecution under this Code section, a map
produced or reproduced by any municipal or county agency or department for the
purpose of depicting the location and boundaries of the area on or within 1,000
feet of the real property of a school board or a private or public elementary or
secondary school that is used for school purposes, or a true copy of the map,
shall, if certified as a true copy by the custodian of the record, be admissible
and shall constitute prima-facie evidence of the location and boundaries of the
area, if the governing body of the municipality or county has approved the map
as an official record of the location and boundaries of the area. A map approved
under this Code section may be revised from time to time by the governing body
of the municipality or county. The original of every map approved or revised
under this subsection or a true copy of such original map shall be filed with
the municipality or county and shall be maintained as an official record of the
municipality or county. This subsection shall not preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense. This subsection shall not preclude the use or
admissibility of a map or diagram other than the one which has been approved by
the municipality or county.
(f) A county school board
may adopt regulations requiring the posting of signs designating the areas
within 1,000 feet of school boards and private or public elementary and
secondary schools as 'Drug-free School Zones.'
(g) It
is an affirmative defense to prosecution for a violation of this Code section
that the prohibited conduct took place entirely within a private residence, that
no person 17 years of age or younger was present in such private residence at
any time during the commission of the offense, and that the prohibited conduct
was not carried on for purposes of financial gain. Nothing in this subsection
shall be construed to establish an affirmative defense with respect to any
offense under this chapter other than the offense provided for in subsection (a)
of this Code section.
16-13-32.5.
[
Index ]
(a) It shall be unlawful for any person to
manufacture, distribute, dispense, or possess with intent to distribute a
controlled substance or marijuana or a counterfeit substance in, on, or within
1,000 feet of any real property which has been dedicated and set apart by the
governing authority of any municipality or county for use as a park, playground,
recreation center, or for any other recreation purposes, unless the manufacture,
distribution, or dispensing is otherwise allowed by law.
(b) It shall be unlawful for any person to
manufacture, distribute, dispense, or possess with intent to distribute a
controlled substance or marijuana or a counterfeit substance in, on, or within
1,000 feet of any real property of any publicly owned or publicly operated
housing project, unless the manufacture, distribution, or dispensing is
otherwise allowed by law. For the purposes of this Code section, the term
'housing project' means any facilities under the jurisdiction of a housing
authority which constitute single or multifamily dwelling units occupied by low
and moderate-income families pursuant to Chapter 3 of Title 8.
(c) Any person who violates or conspires to violate
subsection (a) or (b) of this Code section shall be guilty of a felony and upon
conviction shall receive the following punishment:
(1)
Upon a first conviction, imprisonment for not more than 20 years or a fine of
not more than $20,000.00, or both; or
(2) Upon a
second or subsequent conviction, imprisonment for not less than five years nor
more than 40 years or a fine of not more than $40,000.00, or both. It shall be
mandatory for the court to impose a minimum sentence of five years which may not
be suspended unless otherwise provided by law.
A
sentence imposed under this Code section shall be served consecutively to any
other sentence imposed.
(d) A conviction arising
under this Code section shall not merge with a conviction arising under any
other provision of this article.
(e) In a prosecution
under this Code section, a map produced or reproduced by any municipal or county
agency or department for the purpose of depicting the location and boundaries of
the area on or within 1,000 feet of the real property of any publicly owned or
publicly operated housing project or the real property set apart for use as a
park, playground, recreation center, or for any other recreation purposes, or a
true copy of the map, shall, if certified as a true copy by the custodian of the
record, be admissible and shall constitute prima-facie evidence of the location
and boundaries of the area, if the governing body of the municipality or county
has approved the map as an official record of the location and boundaries of the
area. A map approved under this Code section may be revised from time to time by
the governing body of the municipality or county. The original of every map
approved or revised under this subsection or a true copy of such original map
shall be filed with the municipality or county and shall be maintained as an
official record of the municipality or county. This subsection shall not
preclude the prosecution from introducing or relying upon any other evidence or
testimony to establish any element of this offense. This subsection shall not
preclude the use or admissibility of a map or diagram other than the one which
has been approved by the municipality or county.
(f)
The governing authority of a municipality or county may adopt regulations
requiring the posting of signs designating the areas within 1,000 feet of any
lands or buildings set apart for use as parks, playgrounds, recreation centers,
or any other recreation purposes as 'Drug-free Recreation Zones' and designating
the areas within 1,000 feet of the real property of any publicly owned or
publicly operated housing project as 'Drug-free Residential Zones.'
(g) It is an affirmative defense to prosecution for a
violation of this Code section that the prohibited conduct took place entirely
within a private residence, that no person 17 years of age or younger was
present in such private residence at any time during the commission of the
offense, and that the prohibited conduct was not carried on for purposes of
financial gain. Nothing in this subsection shall be construed to establish an
affirmative defense with respect to any offense under this chapter other than
the offense provided for in subsections (a) and (b) of this Code section.
16-13-32.6. [
Index ]
(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.
(b)(1) Any person who
violates or conspires to violate subsection (a) of this Code section shall be
guilty of a felony and upon conviction shall receive the following punishment:
(A) Upon a first conviction, imprisonment for not
more than 20 years or a fine of not more than $20,000.00, or both;
or
(B) Upon a second or subsequent conviction,
imprisonment for not less than five years nor more than 40 years or a fine of
not more than $40,000.00, or both.
(2) A sentence
imposed under this Code section shall be served consecutively to any other
sentence imposed.
(3) Any person convicted of a
violation of subsection (a) of this Code section may, as a condition of
probation or parole, be required by the sentencing court or State Board of
Pardons and Paroles to refrain for a period of not more than 24 months from
entering or at any time being within the boundaries of the drug-free commercial
zone wherein such person was arrested for a violation of this Code section. Any
person arrested for violation of his or her terms of probation shall be governed
by the provisions of Code Section 42-8-38 and any person arrested for a
violation of his or her terms of parole shall be governed by the provisions of
Article 2 of Chapter 9 of Title 42.
(c) A conviction
arising under this Code section shall not merge with a conviction arising under
any other provision of this article.
(d) Any
municipality or county may designate one or more commercial areas where there is
a high rate of drug related crime as drug-free commercial zones. A drug-free
commercial zone may include only an area which the municipality or county has
previously zoned commercial pursuant to its planning and zoning powers and any
residential area contiguous to such commercially zoned area extending not more
than one-half mile from the external boundary of any portion of the commercially
zoned area. A municipality or county which designates one or more areas as
drug-free commercial zones shall be required to make such designations by
ordinance and shall be required to post prominent and conspicuous signs on the
boundaries of and throughout any such drug-free commercial zone. A municipality
or county shall be required to file with the Department of Community Affairs a
copy of each ordinance which shall have attached a clearly defined map
describing each drug-free commercial zone and a report evidencing all drug
related crimes in such drug-free commercial zone area during the 12 months
preceding the enactment of such ordinance. A municipality or county shall also
be required to file with the Department of Community Affairs, during the period
that a drug-free commercial zone is in effect, annual reports evidencing all
drug related crimes in such drug-free commercial zone. Such ordinances, maps,
and drug crime reports shall be maintained in a permanent register by such
department, and copies of such ordinances, maps, and drug crime reports of
drug-free commercial zones shall be made available to the public at a reasonable
cost. A drug-free commercial zone shall not be effective and valid for the
purposes of this Code section until it has been adopted by the General Assembly
by general law. After the General Assembly has adopted one or more drug-free
commercial zones, the governing authority of each municipality or county which
has such a zone or zones designated and adopted shall be required to have a
description of each such zone published in the legal organ of the municipality
or county at least once a week for three weeks. A drug-free commercial zone
adopted by the General Assembly shall remain in effect for five years and shall
expire five years from the effective date of such adoption by the General
Assembly. An area which has been a drug-free commercial zone may be continued as
or again designated as a drug-free commercial zone upon the enactment of an
ordinance and adoption thereof by the General Assembly in accordance with the
provisions of this subsection. No arrest for a violation of this Code section
shall be permissible for a period of 30 days immediately following the effective
date of the adoption of such drug-free commercial zone by the General Assembly.
(e) In a prosecution under this Code section, a true
copy of a map produced or reproduced by any municipal or county agency or
department for the purpose of depicting the location and boundaries of any
drug-free commercial zone and filed and on record at the Department of Community
Affairs shall, if certified as a true copy by the custodian of such records at
such department, be admissible and shall constitute prima-facie evidence of the
location and boundaries of such zone. A map approved under this Code section may
be revised from time to time by the governing body of the municipality or
county; provided, however, that a revised map shall not become effective and the
revised area shall not be a drug-free commercial zone until the revised map has
been filed with the Department of Community Affairs and adopted by the General
Assembly by general law; provided, further, that the revision of a drug-free
commercial zone shall not extend the expiration date of such a drug-free
commercial zone. The original copy of every map approved or revised under this
subsection or a true copy of such original map shall be filed with the
Department of Community Affairs and shall be maintained as an official record of
the department. This subsection shall not preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense.
(f) The General Assembly
hereby adopts and incorporates into this Code section all drug-free commercial
zones which have been adopted by municipal or county ordinance and entered in
the register of the Department of Community Affairs as provided for in
subsection (d) of this Code section on or before March 22, 1999.
16-13-33. [
Index ]
Any person who
attempts or conspires to commit any offense defined in this article shall be,
upon conviction thereof, punished by imprisonment not exceeding the maximum
punishment prescribed for the offense, the commission of which was the object of
the attempt or conspiracy.
16-13-34.
[
Index ]
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.
16-13-35. [
Index ]
(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 Board of Pharmacy in
accordance with its rules.
(b) Persons registered by
the State Board of Pharmacy under this article to manufacture, distribute,
dispense, or conduct research with controlled substances may possess,
manufacture, distribute, dispense, or conduct research with those substances to
the extent authorized by their registration and in conformity with this article.
(c) The following persons need not register and may
lawfully possess controlled substances under this article:
(1) An agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled substance if he is
acting in the usual course of his business or employment;
(2) A common or contract carrier or warehouseman, or
any employee thereof, whose possession of any controlled substance is in the
usual course of his business or employment;
(3) An
ultimate user or a person in possession of any controlled substance pursuant to
a lawful order of a practitioner or in lawful possession of a Schedule V
substance; and
(4) Officers and employees of this
state, or of a political subdivision of this state, or of the United States
while acting in the course of their official duties.
(d) The State Board of Pharmacy may waive by rule the
requirements for registration of certain manufacturers, distributors, or
dispensers if it finds it consistent with the public health and safety.
(e) A separate registration is required at each
principal place of business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances.
(f) The State Board of Pharmacy, the director of the
Georgia Drugs and Narcotics Agency, or other drug agents designated by the State
Board of Pharmacy for this purpose may inspect the establishment of a registrant
or applicant for registration in accordance with the State Board of Pharmacy
rules and the provisions of this article.
(g) The
following persons are registered under this article and are exempt from the
registration fee and registration application requirements of this article:
(1) Persons licensed by the State Board of Pharmacy
as a pharmacist or a pharmacy under Chapter 4 of Title 26;
(2) Persons licensed as a physician, dentist, or
veterinarian under the laws of the state to use, mix, prepare, dispense,
prescribe, and administer drugs in connection with medical treatment to the
extent provided by the laws of this state; and
(3) An
employee, agent, or representative of any person described in paragraph (1) or
(2) of this subsection acting in the usual course of his employment or
occupation and not on his own account, provided that suspension or revocation of
licensure as set forth in paragraphs (1) and (2) of this subsection shall
nullify the exemption as set forth in this subsection.
16-13-36. [
Index ]
(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 determining the public interest, the State Board of
Pharmacy shall consider the following factors:
(1)
Maintenance of effective controls against diversion of controlled substances
into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable state and local law;
(3) Any convictions of the applicant under any
federal or state laws relating to any controlled substance;
(4) Past experience in the manufacture or
distribution of controlled substances and the existence in the applicant´s
establishment of effective controls against illegal diversion of controlled
substances;
(5) Furnishing by the applicant of false
or fraudulent material in any application filed under this article;
(6) Suspension or revocation of the applicant´s
federal registration to manufacture, distribute, or dispense controlled
substances as authorized by federal law;
(7)
Suspension or revocation of the applicant´s registration or license to
manufacture, distribute, or dispense controlled substances, drugs, or narcotics
in this state or any other state of the United States;
and
(8) Any other factors relevant to and consistent
with the public health and safety.
(b) Registration
under subsection (a) of this Code section does not entitle a registrant to
manufacture and distribute controlled substances in Schedule I or II other than
those specified in the registration.
(c)
Practitioners must be registered under state law to dispense any controlled
substances or to conduct research with controlled substances in Schedules II
through V if they are authorized to dispense or conduct research under the law
of this state. The State Board of Pharmacy need not require separate
registration under this Code section for practitioners engaging in research with
nonnarcotic controlled substances in Schedules II through V where the registrant
is already registered under this article in another capacity. Practitioners
registered under federal law to conduct research with Schedule I substances may
conduct research with Schedule I substances within this state upon furnishing
the State Board of Pharmacy satisfactory evidence of that federal registration.
Any practitioner conducting research with Schedule I controlled substances must
obtain a separate registration with the State Board of Pharmacy.
(d) Compliance by manufacturers and distributors with
the provisions of federal law respecting registration (excluding fees) entitles
them to be registered under this article.
16-13-37. [
Index ]
(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 application filed
under this article;
(2) Has been convicted of a
felony under any state or federal law relating to any controlled substance;
(3) Has had his federal registration to manufacture,
distribute, or dispense controlled substances suspended or revoked;
(4) Has violated any provision of this article or the
rules and regulations promulgated under this article;
or
(5) Has failed to maintain sufficient controls
against diversion of controlled substances into other than legitimate medical,
scientific, or industrial channels.
(b) The State
Board of Pharmacy may limit revocation or suspension of a registration to the
particular controlled substance with respect to which grounds for revocation or
suspension exist.
(c) If the State Board of Pharmacy
suspends or revokes a registration, all controlled substances owned or possessed
by the registrant at the time of suspension or the effective date of the
revocation order shall be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has elapsed or until
all appeals have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the proceeds of the
sale with the court. Upon a revocation order becoming final, all controlled
substances shall be forfeited to the state.
(d) The
State Board of Pharmacy shall promptly notify the bureau of all orders
suspending or revoking registration and all forfeitures of controlled
substances.
16-13-38.
[
Index ]
(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 the
renewal should not be refused. The order to show cause shall contain a statement
of the basis therefor and shall call upon the applicant or registrant to appear
before the State Board of Pharmacy at a time and place not less than 30 days
after the date of service of the order; but in the case of a denial of renewal
of registration the show cause order shall be served not later than 30 days
before the expiration of the registration. These proceedings shall be conducted
in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' without regard to any criminal prosecution or other proceeding.
Proceedings to refuse renewal or registration shall not abate the existing
registration, which shall remain in effect pending the outcome of the
administrative hearing.
(b) The State Board of
Pharmacy shall suspend, without an order to show cause, any registration
simultaneously with the institution of proceedings under Code Section 16-13-37
or where renewal of registration is refused if it finds that there is an
imminent danger to the public health or safety which warrants this action. The
suspension shall continue in effect until the conclusion of the proceedings,
including judicial review thereof, unless sooner withdrawn by the State Board of
Pharmacy or dissolved by a court of competent jurisdiction.
16-13-39. [
Index ]
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 and inventories in conformance with
the record-keeping and inventory requirements of federal law and with any rules
issued by the State Board of Pharmacy.
16-13-40.
[
Index ]
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.
16-13-41.
[
Index ]
(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 prescription drug order to cause the dispensing of a
Schedule II substance, he or she shall include the name and address of the
person for whom it is prescribed, the kind and quantity of such Schedule II
controlled substance, the directions for taking, the signature, and the name,
address, telephone number, and DEA registration number of the prescribing
practitioner. Such prescriptions shall be signed and dated by the practitioner
on the date when issued, and the nature of such signatures shall be defined in
regulations promulgated by the State Board of Pharmacy. Prescription drug orders
for Schedule II controlled substances may be transmitted via facsimile machine
or other electronic means only in accordance with regulations promulgated by the
State Board of Pharmacy in accordance with Code Section 26-4-80 or 26-4-80.1, or
in accordance with DEA regulations at 21 C.F.R. 1306.
(c) In emergency situations, as defined by rule of
the State Board of Pharmacy, Schedule II drugs may be dispensed upon oral
prescription of a registered practitioner, reduced promptly to writing and filed
by the pharmacy. Prescriptions shall be retained in conformity with the
requirements of Code Section 16-13-39. No prescription for a Schedule II
substance may be refilled.
(d)(1) Except when
dispensed directly by a practitioner, other than a pharmacy or pharmacist, to an
ultimate user, a controlled substance included in Schedule III, IV, or V, which
is a prescription drug as determined under any law of this state or the Federal
Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, 52 Stat. 1040 (1938), shall
not be dispensed without a written or oral prescription of a registered
practitioner. The prescription shall not be filled or refilled more than six
months after the date on which such prescription was issued or be refilled more
than five times.
(2) When a practitioner writes a
prescription drug order to cause the dispensing of a Schedule III, IV, or V
controlled substance, he or she shall include the name and address of the person
for whom it is prescribed, the kind and quantity of such controlled substance,
the directions for taking, the signature, and the name, address, telephone
number, and DEA registration number of the practitioner. Such prescriptions
shall be signed and dated or may be issued orally by the practitioner on the
date when issued, and the nature of the signature of the prescriber shall meet
the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated
by the State Board of Pharmacy, or both such guidelines and regulations.
(e) A controlled substance included in Schedule V
shall not be distributed or dispensed other than for a legitimate medical
purpose.
(f) No person shall prescribe or order the
dispensing of a controlled substance, except a registered practitioner who is:
(1) Licensed or otherwise authorized by this state to
prescribe controlled substances;
(2) Acting in the
usual course of his professional practice; and
(3)
Prescribing or ordering such controlled substances for a legitimate medical
purpose.
(g) No person shall fill or dispense a
prescription for a controlled substance except a person who is licensed by this
state as a pharmacist or a pharmacy intern acting under the immediate and direct
personal supervision of a licensed pharmacist in a pharmacy licensed by the
State Board of Pharmacy, provided that this subsection shall not prohibit a
registered physician, dentist, veterinarian, or podiatrist authorized by this
state to dispense controlled substances as provided in this article if such
registered person complies with all record-keeping, labeling, packaging, and
storage requirements regarding such controlled substances and imposed upon
pharmacists and pharmacies in this chapter and in Chapter 4 of Title 26 and
complies with the requirements of Code Section 26-4-130.
(h) It shall be unlawful for any practitioner to
issue any prescription document signed in blank. The issuance of such document
signed in blank shall be prima-facie evidence of a conspiracy to violate this
article. The possession of a prescription document signed in blank by a person
other than the person whose signature appears thereon shall be prima-facie
evidence of a conspiracy between the possessor and the signer to violate the
provisions of this article.
16-13-42.
[
Index ]
(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 registration or to
distribute or dispense a controlled substance not authorized by his registration
to another registrant or other authorized person;
(3)
To refuse or fail to make, keep, or furnish any record, notification, order
form, statement, invoice, or information required under this article;
(4) To refuse an entry into any premises for any
inspection authorized by this article; or
(5)
Knowingly to keep or maintain any store, shop, warehouse, dwelling, building,
vehicle, boat, aircraft, or other structure or place which is resorted to by
persons using controlled substances in violation of this article for the purpose
of using these substances, or which is used for keeping or selling them in
violation of this article.
(b) Any person who
violates this Code section is guilty of a felony and, upon conviction thereof,
may be imprisoned for not more than five years, fined not more than $25,000.00,
or both.
16-13-43.
(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 substance, a registration number which is
fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled
substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;
(4) To furnish false or fraudulent material
information in, or omit any material information from, any application, report,
or other document or record required to be kept or filed under this article;
(5) To make, distribute, or possess any punch, die,
plate, stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device of another
or any likeness of any of the foregoing, upon any drug or container or labeling
thereof so as to render the drug a counterfeit substance;
or
(6) To withhold information from a practitioner
that such person has obtained a controlled substance of a similar therapeutic
use in a concurrent time period from another practitioner.
(b) Any person who violates this Code section is
guilty of a felony and, upon conviction thereof, may be imprisoned for not more
than eight years or fined not more than $50,000.00, or both.
16-13-44.
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.
16-13-45.
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, subpoenas, and summonses issued
under the authority of this state;
(3) Make arrests
without warrant for any offense under this article committed in his presence or
if he has probable cause to believe that the person to be arrested has committed
or is committing a violation of this article which may constitute a felony;
(4) Make seizures of property pursuant to this
article; or
(5) Perform other law enforcement duties
as the State Board of Pharmacy or the director of the Georgia Drugs and
Narcotics Agency designates.
16-13-46.
[
Index ]
(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 warrants for the purpose of conducting inspections authorized
by this article, or rules promulgated under this article, and seizures of
property appropriate to the inspections. For the purpose of the issuance of
inspection warrants, probable cause exists upon showing a valid public interest
in the effective enforcement of this article, or rules promulgated under this
article, sufficient to justify inspection of the area, premises, building, or
conveyance in the circumstances specified in the application for the warrant;
(2) A warrant shall issue only upon an affidavit of a
designated officer, drug agent, or employee of the State Board of Pharmacy
having knowledge of the facts alleged, sworn to before the judicial officer and
establishing the grounds for issuing the warrant. If the judicial officer is
satisfied that grounds for the application exist or that there is probable cause
to believe they exist, he shall issue a warrant identifying the area, premises,
building, registrant, or conveyance to be inspected, the purpose of the
inspection, and, if appropriate, the type of property to be inspected, if any.
The warrant shall:
(A) State the grounds for its
issuance and the name of each person whose affidavit has been taken in support
thereof;
(B) Be directed to persons authorized by
Code Section 16-13-45 to execute it;
(C) Command the
persons to whom it is directed to inspect the area, premises, building,
registrant, or conveyance identified for the purpose specified and, if
appropriate, direct the seizure of the property specified;
(D) Identify the item or types of property to be
seized, if any; and
(E) Designate the judicial officer
to whom it shall be returned;
(3) A warrant issued
pursuant to this Code section must be executed and returned within ten days of
its date unless, upon a showing of a need for additional time, the court orders
otherwise. If property is seized pursuant to a warrant, a copy shall be provided
upon request to the person from whom or from whose premises the property is
taken, together with a receipt for the property taken. The return of the warrant
shall be made promptly, accompanied by a written inventory of any property
taken. A copy of the inventory shall be delivered upon request to the person
from whom or from whose premises the property was taken and to the applicant for
the warrant;
(4) The judicial officer who has issued
a warrant shall attach thereto a copy of the return and all papers returnable in
connection therewith and file them with the clerk of the superior court for the
county in which the inspection was made.
(b) The
State Board of Pharmacy, the director of the Georgia Drugs and Narcotics Agency
or drug agents may make inspections of controlled premises in accordance with
the following provisions:
(1) For purposes of this
Code section only, 'controlled premises' means:
(A)
Places where persons registered or exempted from registration requirements under
this article are required to keep records; and
(B)
Places, including factories, warehouses, establishments, and conveyances, in
which persons registered or exempted from registration requirements under this
article are permitted to hold, manufacture, compound, process, sell, deliver, or
otherwise dispose of any controlled substance;
(2)
When authorized by an inspection warrant issued pursuant to subsection (a) of
this Code section, an officer or employee designated by the State Board of
Pharmacy or the director of the Georgia Drugs and Narcotics Agency, upon
presenting the warrant and appropriate credentials to the owner, operator, or
agent in charge, may enter controlled premises for the purpose of conducting an
inspection;
(3) When authorized by an inspection
warrant, an officer or employee designated by the State Board of Pharmacy or the
director of the Georgia Drugs and Narcotics Agency may:
(A) Inspect and copy records required by this article
to be kept;
(B) Inspect, within reasonable limits and
in a reasonable manner, controlled premises and all pertinent equipment,
finished and unfinished material, containers, and labeling found therein, and,
except as provided in paragraph (5) of subsection (b) of this Code section, all
other things therein, including records, files, papers, processes, controls, and
facilities bearing on violation of this article;
and
(C) Inventory any stock of any controlled
substance therein and obtain samples thereof;
(4)
This Code section does not prevent the inspection without a warrant of books and
records pursuant to an administrative inspection in accordance with subsection
(c) of this Code section, nor does it prevent entries and inspections, including
seizures of property, without a warrant:
(A) If the
owner, operator, or agent in charge of the controlled premises consents;
(B) In situations presenting imminent danger to
health or safety;
(C) In situations involving
inspection of conveyance if there is reasonable cause to believe that the
mobility of the conveyance makes it impracticable to obtain a warrant;
(D) In any other exceptional or emergency
circumstance where time or opportunity to apply for a warrant is lacking;
or
(E) In all other situations in which a warrant is
not constitutionally required;
(5) An inspection
authorized by this Code section shall not extend to financial data, sales data
other than shipment data, or pricing data unless the owner, operator, or agent
in charge of the controlled premises consents in writing.
(c) The State Board of Pharmacy, its members, or duly
authorized agents or drug agents shall have the power to inspect, without a
warrant, in a lawful manner at all reasonable hours, any pharmacy or other place
licensed by the State Board of Pharmacy pursuant to Chapter 4 of Title 26 for
the purpose:
(1) Of determining if any of the
provisions of this article or any rule or regulation promulgated under its
authority is being violated;
(2) Of securing samples
or specimens of any drug or medical supplies, after first paying or offering to
pay for such samples or specimens; and
(3) Of securing
other such evidence as may be needed for an administrative proceedings action,
as provided by this article.
16-13-47.
[
Index ]
(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.
16-13-48. [
Index ]
(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 information among
governmental officials concerning the use and abuse of controlled substances;
(2) Coordinate and cooperate in training programs
concerning controlled substance law enforcement at local and state levels;
(3) Cooperate with the bureau by establishing a
centralized unit to accept, catalogue, file, and collect statistics, including
records, other than medical treatment records, of drug dependent persons and
other controlled substance law offenders within the state, and make the
information available for federal, state, and local law enforcement purposes;
and
(4) Conduct or promote programs of eradication
aimed at destroying wild or illicit growth of plant species from which
controlled substances may be extracted.
(b) Results,
information, and evidence received from the bureau relating to the regulatory
functions of this article, including results of inspections conducted by it, may
be relied and acted upon by the State Board of Pharmacy or drug agents in the
exercise of its or their regulatory functions under this article.
16-13-48.1. [
Index ]
Money or
property seized or forfeited pursuant to federal law regarding controlled
substances, marijuana, or dangerous drugs, which money, property, or proceeds
therefrom are authorized by that federal law to be transferred to a cooperating
law enforcement agency of this state or any political subdivision thereof, shall
be utilized by the law enforcement agency or political subdivision to which the
money, property, or proceeds are so transferred as provided by such federal law
and regulations thereunder. Unless otherwise required by federal law or
regulation, such funds shall be received and utilized as provided by Georgia
law.
16-13-49. [
Index ]
(a) As
used in this Code section, the term:
(1) 'Controlled
substance' shall have the same meaning as provided in paragraph (4) of Code
Section 16-13-21 and shall also include marijuana as such term is defined in
paragraph (16) of Code Section 16-13-21, notwithstanding any other provisions of
this article.
(2) 'Costs' means, but is not limited
to:
(A) All expenses associated with the seizure,
towing, storage, maintenance, custody, preservation, operation, or sale of the
property; and
(B) Satisfaction of any security
interest or lien not subject to forfeiture under this Code section.
(3) 'Court costs' means, but is not limited to:
(A) All court costs, including the costs of
advertisement, transcripts, and court reporter fees;
and
(B) Payment of receivers, conservators,
appraisers, accountants, or trustees appointed by the court pursuant to this
Code section.
(4) 'Enterprise' means any person, sole
proprietorship, partnership, corporation, trust, association, or other legal
entity created under the laws of this state, of the United States or any of the
several states of the United States, or of any foreign nation or a group of
individuals associated in fact although not a legal entity and includes illicit
as well as licit enterprises and governmental as well as other entities.
(5) 'Governmental agency' means any department,
office, council, commission, committee, authority, board, bureau, or division of
the executive, judicial, or legislative branch of a state, the United States, or
any political subdivision thereof.
(6) 'Interest
holder' means a secured party within the meaning of Code Section 11-9-102 or the
beneficiary of a perfected encumbrance pertaining to an interest in property.
(7) 'Owner' means a person, other than an interest
holder, who has an interest in property and is in compliance with any statute
requiring its recordation or reflection in public records in order to perfect
the interest against a bona fide purchaser for value.
(8) 'Proceeds' means property derived directly or
indirectly from, maintained by, or realized through an act or omission and
includes any benefit, interest, or property of any kind without reduction for
expenses incurred for acquisition, maintenance, or any other purpose.
(9) 'Property' means anything of value and includes
any interest in anything of value, including real property and any fixtures
thereon, and tangible and intangible personal property, including but not
limited to currency, instruments, securities, or any other kind of privilege,
interest, claim, or right.
(10) 'United States'
includes its territories, possessions, and dominions and the District of
Columbia.
(b)(1) An action filed pursuant to this
Code section shall be filed in the name of the State of Georgia and may be
brought:
(A) In the case of an in rem action, by the
district attorney for the judicial circuit where the property is located;
(B) In the case of an in personam action, by the
district attorney for the judicial circuit in which the defendant resides;
or
(C) By the district attorney having jurisdiction
over any offense which arose out of the same conduct which made the property
subject to forfeiture.
Such district attorney may
bring an action pursuant to this Code section in any superior court of this
state.
(2) If more than one district attorney has
jurisdiction to file an action pursuant to this Code section, the district
attorney having primary jurisdiction over a violation of this article shall, in
the event of a conflict, have priority over any other district attorney.
(3) Any action brought pursuant to this Code section
may be compromised or settled in the same manner as other civil actions.
(c) An action for forfeiture brought pursuant to this
Code section shall be tried:
(1) If the action is in
rem against real property, in the county where the property is located, except
where a single tract is divided by a county line, in which case the superior
court of either county shall have jurisdiction;
(2)
If the action is in rem against tangible or intangible personal property, in any
county where the property is located or will be during the pendency of the
action; or
(3) If the action is in personam, as
provided by law.
(d) The following are declared to be
contraband and no person shall have a property right in them:
(1) All controlled substances, raw materials, or
controlled substance analogs that have been manufactured, distributed,
dispensed, possessed, or acquired in violation of this article;
(2) All property which is, directly or indirectly,
used or intended for use in any manner to facilitate a violation of this article
or any proceeds derived or realized therefrom;
(3)
All property located in this state which was, directly or indirectly, used or
intended for use in any manner to facilitate a violation of this article or of
the laws of the United States or any of the several states relating to
controlled substances which is punishable by imprisonment for more than one year
or any proceeds derived or realized therefrom;
(4)
All weapons possessed, used, or available for use in any manner to facilitate a
violation of this article or any of the laws of the United States or any of the
several states relating to controlled substances which is punishable by
imprisonment for more than one year;
(5) Any
interest, security, claim, or property or contractual right of any kind
affording a source of influence over any enterprise that a person has
established, operated, controlled, conducted, or participated in the conduct of
in violation of this article or any of the laws of the United States or any of
the several states relating to controlled substances which is punishable by
imprisonment for more than one year or any proceeds derived or realized
therefrom; and
(6) All moneys, negotiable instruments,
securities, or other things of value which are found in close proximity to any
controlled substance or marijuana or other property which is subject to
forfeiture under this subsection.
(e)(1) A property
interest shall not be subject to forfeiture under this Code section if the owner
of such interest or interest holder establishes that the owner or interest
holder:
(A) Is not legally accountable for the
conduct giving rise to its forfeiture, did not consent to it, and did not know
and could not reasonably have known of the conduct or that it was likely to
occur;
(B) Had not acquired and did not stand to
acquire substantial proceeds from the conduct giving rise to its forfeiture
other than as an interest holder in an arm?s length commercial transaction;
(C) With respect to conveyances for transportation
only, did not hold the property jointly, in common, or in community with a
person whose conduct gave rise to its forfeiture;
(D)
Does not hold the property for the benefit of or as nominee for any person whose
conduct gave rise to its forfeiture, and, if the owner or interest holder
acquired the interest through any such person, the owner or interest holder
acquired it as a bona fide purchaser for value without knowingly taking part in
an illegal transaction; and
(E) Acquired the interest:
(i) Before the completion of the conduct giving rise
to its forfeiture, and the person whose conduct gave rise to its forfeiture did
not have the authority to convey the interest to a bona fide purchaser for value
at the time of the conduct; or
(ii) After the
completion of the conduct giving rise to its forfeiture:
(I) As a bona fide purchaser for value without
knowingly taking part in an illegal transaction;
(II)
Before the filing of a lien on it and before the effective date of a notice of
pending forfeiture relating to it and without notice of its seizure for
forfeiture under this article; and
(III) At the time
the interest was acquired, was reasonably without cause to believe that the
property was subject to forfeiture or likely to become subject to forfeiture
under this article.
(2) A property interest shall not
be subject to forfeiture under this Code section for a violation involving only
one gram or less of a mixture containing cocaine or four ounces or less of
marijuana unless said property was used to facilitate a transaction in or a
purchase of or sale of a controlled substance or marijuana.
(f) A rented or leased vehicle shall not be subject
to forfeiture unless it is established in forfeiture proceedings that the owner
of the rented or leased vehicle is legally accountable for the conduct which
would otherwise subject the vehicle to forfeiture, consented to the conduct, or
knew or reasonably should have known of the conduct or that it was likely to
occur. Upon learning of the address or phone number of the company which owns
any rented or leased vehicle which is present at the scene of an arrest or other
action taken pursuant to this Code section, the duly authorized authorities
shall immediately contact the company to inform it that the vehicle is available
for the company to take possession.
(g)(1) Property
which is subject to forfeiture under this Code section may be seized by the
director of the Georgia Drugs and Narcotics Agency or any duly authorized agent
or drug agent of this state or by any law enforcement officer of this state or
of any political subdivision thereof who has power to make arrests or execute
process or a search warrant issued by any court having jurisdiction over the
property. A search warrant authorizing seizure of property which is subject to
forfeiture pursuant to this Code section may be issued on an affidavit
demonstrating that probable cause exists for its forfeiture or that the property
has been the subject of a previous final judgment of forfeiture in the courts of
this state, any other state, or the United States. The court may order that the
property be seized on such terms and conditions as are reasonable.
(2) Property which is subject to forfeiture under
this Code section may be seized without process if there is probable cause to
believe that the property is subject to forfeiture under this article or the
seizure is incident to an arrest or search pursuant to a search warrant or to an
inspection under an inspection warrant.
(3) The
court?s jurisdiction over forfeiture proceedings is not affected by a seizure in
violation of the Constitution of Georgia or the United States Constitution made
with process or in a good faith belief of probable cause.
(h)(1) When property is seized pursuant to this
article, the sheriff, drug agent, or law enforcement officer seizing the same
shall report the fact of seizure, in writing, within 20 days thereof to the
district attorney of the judicial circuit having jurisdiction in the county
where the seizure was made.
(2) Within 60 days from
the date of seizure, a complaint for forfeiture shall be initiated as provided
for in subsection (n), (o), or (p) of this Code section.
(3) If the state fails to initiate forfeiture
proceedings against property seized for forfeiture by notice of pending
forfeiture within the time limits specified in paragraphs (1) and (2) of this
subsection, the property must be released on the request of an owner or interest
holder, pending further proceedings pursuant to this Code section, unless the
property is being held as evidence.
(i)(1) Seizure of
property by a law enforcement officer constitutes notice of such seizure to any
person who was present at the time of seizure who may assert an interest in the
property.
(2) When property is seized pursuant to
this article, the district attorney or the sheriff, drug agent, or law
enforcement officer seizing the same shall give notice of the seizure to any
owner or interest holder who is not present at the time of seizure by personal
service, publication, or the mailing of written notice:
(A) If the owner?s or interest holder?s name and
current address are known, by either personal service or mailing a copy of the
notice by certified mail or statutory overnight delivery to that address;
(B) If the owner?s or interest holder?s name and
address are required by law to be on record with a government agency to perfect
an interest in the property but the owner?s or interest holder?s current address
is not known, by mailing a copy of the notice by certified mail or statutory
overnight delivery, return receipt requested, to any address on the record;
or
(C) If the owner?s or interest holder?s address is
not known and is not on record as provided in subparagraph (B) of this paragraph
or the owner?s or interest holder?s interest is not known, by publication in two
consecutive issues of a newspaper of general circulation in the county in which
the seizure occurs.
(3) Notice of seizure must
include a description of the property, the date and place of seizure, the
conduct giving rise to forfeiture, and the violation of law alleged.
(j) A district attorney may file, without a filing
fee, a lien for forfeiture of property upon the initiation of any civil or
criminal proceeding under this article or upon seizure for forfeiture. The
filing constitutes notice to any person claiming an interest in the property
owned by the named person. The filing shall include the following:
(1) The lien notice must set forth:
(A) The name of the person and, in the discretion of
the state, any alias and any corporations, partnerships, trusts, or other
entities, including nominees, that are either owned entirely or in part or
controlled by the person; and
(B) The description of
the property, the criminal or civil proceeding that has been brought under this
article, the amount claimed by the state, the name of the court where the
proceeding or action has been brought, and the case number of the proceeding or
action if known at the time of filing;
(2) A lien
under this subsection applies to the described property and to one named person
and to any aliases, fictitious names, or other names, including names of
corporations, partnerships, trusts, or other entities, that are either owned
entirely or in part or controlled by the named person and any interest in real
property owned or controlled by the named person. A separate lien for forfeiture
of property must be filed for any other person;
(3)
The lien creates, upon filing, a lien in favor of the state as it relates to the
seized property or to the named person or related entities with respect to said
property. The lien secures the amount of potential liability for civil judgment
and, if applicable, the fair market value of seized property relating to all
proceedings under this article enforcing the lien. The forfeiture lien referred
to in this subsection must be filed in accordance with the provisions of the
laws in this state pertaining to the type of property that is subject to the
lien. The state may amend or release, in whole or in part, a lien filed under
this subsection at any time by filing, without a filing fee, an amended lien in
accordance with this subsection which identifies the lien amended. The state, as
soon as practical after filing a lien, shall furnish to any person named in the
lien a notice of the filing of the lien. Failure to furnish notice under this
subsection does not invalidate or otherwise affect a lien filed in accordance
with this subsection;
(4) Upon entry of judgment in
favor of the state, the state may proceed to execute on the lien as in the case
of any other judgment;
(5) A trustee, constructive or
otherwise, who has notice that a lien for forfeiture of property, a notice of
pending forfeiture, or a civil forfeiture proceeding has been filed against the
property or against any person or entity for whom the person holds title or
appears as the owner of record shall furnish, within ten days, to the district
attorney or his designee the following information:
(A) The name and address of the person or entity for
whom the property is held;
(B) The names and
addresses of all beneficiaries for whose benefit legal title to the seized
property, or property of the named person or related entity, is held;
and
(C) A copy of the applicable trust agreement or
other instrument, if any, under which the trustee or other person holds legal
title or appears as the owner of record of the property;
and
(6) A trustee, constructive or otherwise, who
fails to comply with this subsection shall be guilty of a misdemeanor.
(k) Property taken or detained under this Code
section is not subject to replevin, conveyance, sequestration, or attachment.
The seizing law enforcement agency or the district attorney may authorize the
release of the property if the forfeiture or retention is unnecessary or may
transfer the action to another agency or district attorney by discontinuing
forfeiture proceedings in favor of forfeiture proceedings initiated by the other
law enforcement agency or district attorney. An action under this Code section
may be consolidated with any other action or proceeding under this article
relating to the same property on motion by an interest holder and must be so
consolidated on motion by the district attorney in either proceeding or action.
The property is deemed to be in the custody of the State of Georgia subject only
to the orders and decrees of the superior court having jurisdiction over the
forfeiture proceedings.
(l)(1) If property is seized
under this article, the district attorney may:
(A)
Remove the property to a place designated by the superior court having
jurisdiction over the forfeiture proceeding;
(B)
Place the property under constructive seizure by posting notice of pending
forfeiture, by giving notice of pending forfeiture to its owners and interest
holders, or by filing notice of seizure in any appropriate public record
relating to the property;
(C) Remove the property to
a storage area, within the jurisdiction of the court, for safekeeping or, if the
property is a negotiable instrument or money and is not needed for evidentiary
purposes, the district attorney may authorize its being deposited in an
interest-bearing account in a financial institution in this state. Any accrued
interest shall follow the principal in any judgment with respect thereto;
(D) Provide for another governmental agency, a
receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or
an interest holder to take custody of the property and remove it to an
appropriate location within the county where the property was seized;
or
(E) Require the sheriff or chief of police of the
political subdivision where the property was seized to take custody of the
property and remove it to an appropriate location for disposition in accordance
with law.
(2) If any property which has been attached
or seized pursuant to this Code section is perishable or is liable to perish,
waste, or be greatly reduced in value by keeping or if the expense of keeping
the same is excessive or disproportionate to the value thereof, the court, upon
motion of the state, a claimant, or the custodian, may order the property or any
portion thereof to be sold upon such terms and conditions as may be prescribed
by the court; and the proceeds shall be paid into the registry of the court
pending final disposition of the action.
(m) As soon
as possible, but not more than 30 days after the seizure of property, the
seizing law enforcement agency shall conduct an inventory and estimate the value
of the property seized.
(n) If the estimated value of
personal property seized is $25,000.00 or less, the district attorney may elect
to proceed under the provisions of this subsection in the following manner:
(1) Notice of the seizure of such property shall be
posted in a prominent location in the courthouse of the county in which the
property was seized. Such notice shall include a description of the property,
the date and place of seizure, the conduct giving rise to forfeiture, a
statement that the owner of such property has 30 days within which a claim must
be filed, and the violation of law alleged;
(2) A
copy of the notice, which shall include a statement that the owner of such
property has 30 days within which a claim must be filed, shall be served upon an
owner, interest holder, or person in possession of the property at the time of
seizure as provided in subsection (i) of this Code section and shall be
published for at least three successive weeks in a newspaper of general
circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim
within 30 days after the second publication of the notice of forfeiture by
sending the claim to the seizing law enforcement agency and to the district
attorney by certified mail or statutory overnight delivery, return receipt
requested;
(4) The claim must be signed by the owner
or interest holder under penalty of perjury and must set forth:
(A) The caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept
mail;
(C) The nature and extent of the claimant?s
interest in the property;
(D) The date, identity of
the transferor, and circumstances of the claimant?s acquisition of the interest
in the property;
(E) The specific provision of this
Code section relied on in asserting that the property is not subject to
forfeiture;
(F) All essential facts supporting each
assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the district attorney shall
file a complaint for forfeiture as provided in subsection (o) or (p) of this
Code section within 30 days of the actual receipt of the claim. A person who
files a claim shall be joined as a party; and
(6) If
no claim is filed within 30 days after the second publication of the notice of
forfeiture, all right, title, and interest in the property is forfeited to the
state and the district attorney shall dispose of the property as provided in
subsection (u) of this Code section.
(o) In rem
proceedings.
(1) In actions in rem, the property
which is the subject of the action shall be named as the defendant. The
complaint shall be verified on oath or affirmation by a duly authorized agent of
the state in a manner required by the laws of this state. Such complaint shall
describe the property with reasonable particularity; state that it is located
within the county or will be located within the county during the pendency of
the action; state its present custodian; state the name of the owner or interest
holder, if known; allege the essential elements of the violation which is
claimed to exist; state the place of seizure, if the property was seized; and
conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be
served on any person known to be an owner or interest holder and any person who
is in possession of the property.
(A) Service of the
complaint and summons shall be as provided in subsections (a), (b), (c), and (e)
of Code Section 9-11-4.
(B) If real property is the
subject of the action or the owner or interest holder is unknown or resides out
of the state or departs the state or cannot after due diligence be found within
the state or conceals himself so as to avoid service, notice of the proceeding
shall be published once a week for two successive weeks in the newspaper in
which the sheriff?s advertisements are published. Such publication shall be
deemed notice to any and all persons having an interest in or right affected by
such proceeding and from any sale of the property resulting therefrom, but shall
not constitute notice to an interest holder unless that person is unknown or
resides out of the state or departs the state or cannot after due diligence be
found within the state or conceals himself to avoid service.
(C) If tangible property which has not been seized is
the subject of the action, the court may order the sheriff or another law
enforcement officer to take possession of the property. If the character or
situation of the property is such that the taking of actual possession is
impracticable, the sheriff shall execute process by affixing a copy of the
complaint and summons to the property in a conspicuous place and by leaving
another copy of the complaint and summons with the person having possession or
his agent. In cases involving a vessel or aircraft, the sheriff or other law
enforcement officer is authorized to make a written request with the appropriate
governmental agency not to permit the departure of such vessel or aircraft until
notified by the sheriff or his deputy that the vessel or aircraft has been
released.
(3) An owner of or interest holder in the
property may file an answer asserting a claim against the property in the action
in rem. Any such answer shall be filed within 30 days after the service of the
summons and complaint. Where service is made by publication and personal service
has not been made, an owner or interest holder shall file an answer within 30
days of the date of final publication. An answer must be verified by the owner
or interest holder under penalty of perjury. In addition to complying with the
general rules applicable to an answer in civil actions, the answer must set
forth:
(A) The caption of the proceedings as set
forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept
mail;
(C) The nature and extent of the claimant?s
interest in the property;
(D) The date, identity of
transferor, and circumstances of the claimant?s acquisition of the interest in
the property;
(E) The specific provision of this Code
section relied on in asserting that the property is not subject to forfeiture;
(F) All essential facts supporting each assertion;
and
(G) The precise relief sought.
(4) If at the expiration of the period set forth in
paragraph (3) of this subsection no answer has been filed, the court shall order
the disposition of the seized property as provided for in this Code section.
(5) If an answer is filed, a hearing must be held
within 60 days after service of the complaint unless continued for good cause
and must be held by the court without a jury.
(6) An
action in rem may be brought by the state in addition to or in lieu of any other
in rem or in personam action brought pursuant to this title.
(p) In personam proceedings.
(1) The complaint shall be verified on oath or
affirmation by a duly authorized agent of the state in a manner required by the
laws of this state. It shall describe with reasonable particularity the property
which is sought to be forfeited; state its present custodian; state the name of
the owner or interest holder, if known; allege the essential elements of the
violation which is claimed to exist; state the place of seizure, if the property
was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) Service of the complaint and summons shall be as
follows:
(A) Except as otherwise provided in this
subsection, service of the complaint and summons shall be as provided by
subsections (a), (b), (c), and (d) of Code Section 9-11-4;
and
(B) If the defendant is unknown or resides out of
the state or departs the state or cannot after due diligence be found within the
state or conceals himself so as to avoid service, notice of the proceedings
shall be published once a week for two successive weeks in the newspaper in
which the sheriff?s advertisements are published. Such publication shall be
deemed sufficient notice to any such defendant.
(3) A
defendant shall file a verified answer within 30 days after the service of the
summons and complaint. Where service is made by publication and personal service
has not been made, a defendant shall file such answer within 30 days of the date
of final publication. In addition to complying with the general rules applicable
to an answer in civil actions, the answer must contain all of the elements set
forth in paragraph (3) of subsection (o) of this Code section.
(4) Any interest holder or person in possession of
the property may join any action brought pursuant to this subsection as provided
by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.'
(5) If at the expiration of the period set forth in
paragraph (3) of this subsection no answer has been filed, the court shall order
the disposition of the seized property as provided for in this Code section.
(6) If an answer is filed, a hearing must be held
within 60 days after service of the complaint unless continued for good cause
and must be held by the court without a jury.
(7) On
a determination of liability of a person for conduct giving rise to forfeiture
under this Code section, the court must enter a judgment of forfeiture of the
property described in the complaint and must also authorize the district
attorney or his agent or any law enforcement officer or peace officer to seize
all property ordered to be forfeited which was not previously seized or was not
then under seizure. Following the entry of an order declaring the property
forfeited, the court, on application of the state, may enter any appropriate
order to protect the interest of the state in the property ordered to be
forfeited.
(8) Except as provided in this subsection,
no person claiming an interest in property subject to forfeiture under this Code
section may intervene in a trial or appeal of a criminal action or in an in
personam civil action involving the forfeiture of the property.
(q) In conjunction with any civil or criminal action
brought pursuant to this article:
(1) The court, on
application of the district attorney, may enter any restraining order or
injunction; require the execution of satisfactory performance bonds; appoint
receivers, conservators, appraisers, accountants, or trustees; or take any
action to seize, secure, maintain, or preserve the availability of property
subject to forfeiture under this article, including issuing a warrant for its
seizure and writ of attachment, whether before or after the filing of a
complaint for forfeiture;
(2) A temporary restraining
order under this Code section may be entered on application of the district
attorney, without notice or an opportunity for a hearing, if the district
attorney demonstrates that:
(A) There is probable
cause to believe that the property with respect to which the order is sought, in
the event of final judgment or conviction, would be subject to forfeiture under
this title; and
(B) Provision of notice would
jeopardize the availability of the property for forfeiture;
(3) Notice of the entry of a restraining order and an
opportunity for a hearing must be afforded to persons known to have an interest
in the property. The hearing must be held at the earliest possible date
consistent with the date set in subsection (b) of Code Section 9-11-65 and is
limited to the issues of whether:
(A) There is a
probability that the state will prevail on the issue of forfeiture and that
failure to enter the order will result in the property?s being destroyed,
conveyed, encumbered, removed from the jurisdiction of the court, concealed, or
otherwise made unavailable for forfeiture; and
(B) The
need to preserve the availability of property through the entry of the requested
order outweighs the hardship on any owner or interest holder against whom the
order is to be entered;
(4) If property is seized for
forfeiture or a forfeiture lien is filed without a previous judicial
determination of probable cause or order of forfeiture or a hearing under
paragraph (2) of this subsection, the court, on an application filed by an owner
of or interest holder in the property within 30 days after notice of its seizure
or lien or actual knowledge of such seizure or lien, whichever is earlier, and
complying with the requirements for an answer to an in rem complaint, and after
five days? notice to the district attorney of the judicial circuit where the
property was seized or, in the case of a forfeiture lien, to the district
attorney filing such lien, may issue an order to show cause to the seizing law
enforcement agency for a hearing on the sole issue of whether probable cause for
forfeiture of the property then exists. The hearing must be held within 30 days
unless continued for good cause on motion of either party. If the court finds
that there is no probable cause for forfeiture of the property, the property
must be released pending the outcome of a judicial proceeding which may be filed
pursuant to this Code section; and
(5) The court may
order property that has been seized for forfeiture to be sold to satisfy a
specified interest of any interest holder, on motion of any party, and after
notice and a hearing, on the conditions that:
(A) The
interest holder has filed a proper claim and:
(i) Is
authorized to do business in this state and is under the jurisdiction of a
governmental agency of this state or of the United States which regulates
financial institutions, securities, insurance, or real estate;
or
(ii) Has an interest that the district attorney has
stipulated is exempt from forfeiture;
(B) The
interest holder must dispose of the property by commercially reasonable public
sale and apply the proceeds first to its interest and then to its reasonable
expenses incurred in connection with the sale or disposal;
and
(C) The balance of the proceeds, if any, must be
returned to the actual or constructive custody of the court, in an
interest-bearing account, subject to further proceedings under this Code
section.
(r) A defendant convicted in any criminal
proceeding is precluded from later denying the essential allegations of the
criminal offense of which the defendant was convicted in any proceeding pursuant
to this Code section, regardless of the pendency of an appeal from that
conviction; however, evidence of the pendency of an appeal is admissible. For
the purposes of this Code section, a conviction results from a verdict or plea
of guilty, including a plea of nolo contendere.
(s)
In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any
determination of probable cause or reasonable cause, all evidence admissible in
determining probable cause at a preliminary hearing or by a magistrate pursuant
to Article 1 of Chapter 5 of Title 17, together with inferences therefrom;
(2) The fact that money or a negotiable instrument
was found in proximity to contraband or to an instrumentality of conduct giving
rise to forfeiture authorizes the trier of the fact to infer that the money or
negotiable instrument was the proceeds of conduct giving rise to forfeiture or
was used or intended to be used to facilitate such conduct;
and
(3) There is a rebuttable presumption that any
property of a person is subject to forfeiture under this Code section if the
state establishes probable cause to believe that:
(A)
The person has engaged in conduct giving rise to forfeiture;
(B) The property was acquired by the person during
the period of the conduct giving rise to forfeiture or within a reasonable time
after the period; and
(C) There was no likely source
for the property other than the conduct giving rise to forfeiture.
(t)(1) All property declared to be forfeited under
this Code section vests in this state at the time of commission of the conduct
giving rise to forfeiture together with the proceeds of the property after that
time. Any property or proceeds transferred later to any person remain subject to
forfeiture and thereafter must be ordered to be forfeited unless the transferee
claims and establishes in a hearing under this Code section that the transferee
is a bona fide purchaser for value and the transferee?s interest is exempt under
subsection (e) of this Code section.
(2) On entry of
judgment for a person claiming an interest in the property that is subject to
proceedings to forfeit property under this Code section, the court shall order
that the property or interest in property be released or delivered promptly to
that person free of liens and encumbrances, as provided under this article.
(3) The court shall order a claimant who fails to
establish that a substantial portion of the claimant?s interest is exempt from
forfeiture under subsection (e) of this Code section to pay the reasonable costs
relating to the disproving of the claim which were incurred by the state,
including costs for investigation, prosecution, and attorneys? fees.
(u)(1) Whenever property is forfeited under this
article, any property which is required by law to be destroyed or which is
harmful to the public shall, when no longer needed for evidentiary purposes, be
destroyed or forwarded to the Division of Forensic Sciences of the Georgia
Bureau of Investigation or any other agency of state or local government for
destruction or for any medical or scientific use not prohibited under the laws
of the United States or this state.
(2) When
property, other than money or real property, is forfeited under this article,
the court may:
(A) Order the property to be sold,
with the proceeds of the sale to be distributed as provided in paragraph (4) of
this subsection; or
(B) Provide for the in-kind
distribution of the property as provided for in paragraph (4) of this
subsection.
(2.1) When real property is forfeited,
the court may order that:
(A) The real property be
turned over to the state;
(B) The appropriate
political subdivision take charge of the property and:
(i) Sell the property with such conditions as the
court deems proper, and distribute the proceeds in such manner as the court so
orders; or
(ii) Hold the property for use by one or
more law enforcement agencies;
(C) The real property
be turned over to an appropriate political subdivision without restrictions;
(D) The real property be deeded to a land bank
authority as provided in Article 4 of Chapter 4 of Title 48;
or
(E) The real property be disposed of in such other
manner as the court deems proper.
(3) Where property
is to be sold pursuant to this subsection, the court may direct that such
property be sold by:
(A) Judicial sale as provided in
Article 7 of Chapter 13 of Title 9; provided, however, that the court may
establish a minimum acceptable price for such property;
or
(B) Any commercially feasible means, including, but
not limited to, in the case of real property, listing such property with a
licensed real estate broker, selected by the district attorney through
competitive bids.
(4) All money and property
forfeited in the same forfeiture proceeding shall be pooled together for
distribution as follows:
(A) A fair market value
shall be assigned to all items of property other than money in such pool; and a
total value shall be established for the pool by adding together the fair market
value of all such property in the pool and the amount of money in the pool;
(B) All costs, including court costs, shall be paid
and the remaining pool shall be distributed pro rata to the state and to local
governments, according to the role which their law enforcement agencies played
in the seizure of the assets; provided, however, that the amount distributed to
the state shall not exceed 25 percent of the amount distributed; county
governments are authorized upon request of the district attorney to provide for
payment of any and all necessary expenses for the operation of the office from
the said forfeiture pool up to 10 percent of the amount distributed, in addition
to any other expenses paid by the county to the district attorney?s office.
(C) An order of distribution provided for in this
subsection shall be submitted by the district attorney to the court for
approval; and
(D)(i) Property and money distributed to
a local government shall be passed through to the local law enforcement agency
until the sum equals 33 1/3 percent of the amount of local funds appropriated or
otherwise made available to such agency for the fiscal year in which such funds
are distributed. Proceeds received may be used for any official law enforcement
purpose except for the payment of salaries or rewards to law enforcement
personnel, at the discretion of the chief officer of the local law enforcement
agency, or may be used to fund victim-witness assistance programs. Such property
shall not be used to supplant any other local, state, or federal funds
appropriated for staff or operations.
(ii) The local
governing authority shall expend any remaining proceeds for any law enforcement
purpose; for the representation of indigents in criminal cases; for drug
treatment, rehabilitation, prevention, or education or any other program which
responds to problems created by drug or substance abuse; for use as matching
funds for grant programs related to drug treatment or prevention; to fund
victim-witness assistance programs; or for any combination of the foregoing. If
real property is distributed to a local government, the local government may
transfer the real property to a land bank authority as provided in Article 4 of
Chapter 4 of Title 48.
(iii) Any local law
enforcement agency receiving property under this subsection shall submit an
annual report to the local governing authority. The report shall be submitted
with the agency?s budget request and shall itemize the property received during
the fiscal year and the utilization made thereof.
(iv)
Money distributed to the state pursuant to this subsection shall be paid into
the general fund of the state treasury, it being the intent of the General
Assembly that the same be used, subject to appropriation from the general fund
in the manner provided by law for representation of indigents in criminal cases;
for funding of the Crime Victims Emergency Fund; for law enforcement and
prosecution agency programs and particularly for funding of advanced drug
investigation and prosecution training for law enforcement officers and
prosecuting attorneys; for drug treatment, rehabilitation, prevention, or
education or any other program which responds to problems created by drug or
substance abuse; for use as matching funds for grant programs related to drug
treatment or prevention; or for financing the judicial system of the state.
(v) Property distributed in kind to the state
pursuant to this subsection may be designated by the Attorney General, with the
approval of the court, for use by such agency or officer of the state as may be
appropriate or, otherwise, shall be turned over to the Department of
Administrative Services for such use or disposition as may be determined by the
commissioner of the Department of Administrative Services.
(v) An acquittal or dismissal in a criminal
proceeding does not preclude civil proceedings under this article.
(w) For good cause shown, the court may stay civil
forfeiture proceedings during the criminal trial resulting from a related
indictment or information alleging a violation of this article.
(x)(1) The court shall order the forfeiture of any
property of a claimant or defendant up to the value of property found by the
court to be subject to forfeiture under the provisions of this Code section if
any of the forfeited property:
(A) Cannot be located;
(B) Has been transferred or conveyed to, sold to, or
deposited with a third party;
(C) Is beyond the
jurisdiction of the court;
(D) Has been substantially
diminished in value while not in the actual physical custody of the receiver or
governmental agency directed to maintain custody of the property;
or
(E) Has been commingled with other property that
cannot be divided without difficulty.
(2) In addition
to any other remedy provided for by law, a district attorney on behalf of the
state may institute an action in any court of this state or of the United States
or any of the several states against any person acting with knowledge or any
person to whom notice of a lien for forfeiture of property has been provided in
accordance with subsection (j) of this Code section; to whom notice of seizure
has been provided in accordance with subsection (i) of this Code section; or to
whom notice of a civil proceeding alleging conduct giving rise to forfeiture
under this Code section has been provided, if property subject to forfeiture is
conveyed, alienated, disposed of, or otherwise rendered unavailable for
forfeiture after the filing of a forfeiture lien notice or notice of seizure or
after the filing and notice of a civil proceeding alleging conduct giving rise
to forfeiture under this Code section, as the case may be. The state may recover
judgment in an amount equal to the value of the lien but not to exceed the fair
market value of the property or, if there is no lien, in an amount not to exceed
the fair market value of the property, together with reasonable investigative
expenses and attorneys? fees. If a civil proceeding is pending, the action must
be heard by the court in which the civil proceeding is pending.
(3) A district attorney may file and prosecute in any
of the courts of this state or of the United States or of any of the several
states such civil actions as may be necessary to enforce any judgment rendered
pursuant to this Code section.
(4) No person claiming
an interest in property subject to forfeiture under this article may commence or
maintain any action against the state concerning the validity of the alleged
interest other than as provided in this Code section. Except as specifically
authorized by this Code section, no person claiming an interest in such property
may file any counterclaim or cross-claim to any action brought pursuant to this
Code section.
(5) A civil action under this article
must be commenced within five years after the last conduct giving rise to
forfeiture or to the claim for relief became known or should have become known,
excluding any time during which either the property or defendant is out of the
state or in confinement or during which criminal proceedings relating to the
same conduct are in progress.
(y) Controlled
substances included in Schedule I which are contraband and any controlled
substance whose owners are unknown are summarily forfeited to the state. The
court may include in any judgment of conviction under this article an order
forfeiting any controlled substance involved in the offense to the extent of the
defendant?s interest.
(z) This Code section must be
liberally construed to effectuate its remedial purposes.
16-13-50. [
Index ]
(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 person claiming it.
(b) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form issued under this
article, he is presumed not to be the holder of the registration or form. The
burden of proof is upon him to rebut the presumption.
(c) No liability is imposed by this article upon any
authorized state, county, or municipal officer engaged in the lawful performance
of his duties.
16-13-51.
[
Index ]
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
of fact by the State Board of Pharmacy, if supported by substantial evidence,
are conclusive.
16-13-52.
[
Index ]
(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 misuse and abuse of controlled substances. In connection
with the research and in furtherance of the enforcement of this article, they
may:
(1) Establish methods to assess accurately the
effects of controlled substances and identify and characterize those with
potential for abuse;
(2) Make studies and undertake
programs of research to:
(A) Develop new or improved
approaches, techniques, systems, equipment, and devices to strengthen the
enforcement of this article;
(B) Determine patterns
of misuse and abuse of controlled substances and the social effects thereof;
(C) Improve methods for preventing, predicting,
understanding, and dealing with the misuse and abuse of controlled substances;
and
(3) Enter into agreements with public agencies,
institutions of higher education, and private organizations or individuals for
the purpose of conducting research, demonstrations, or special projects which
bear directly on misuse and abuse of controlled substances.
(c) The State Board of Pharmacy, in the public
interest, may authorize persons engaged in research on the use and effects of
controlled substances to withhold the names and other identifying
characteristics of individuals who are the subjects of the research. Persons who
obtain this authorization are not to be compelled in any civil, criminal,
administrative, legislative, or other proceeding to identify the individuals who
are the subjects of research for which the authorization was obtained.
(d) The State Board of Pharmacy may authorize the
possession and distribution of controlled substances by persons engaged in
research. Persons who obtain this authorization are exempt from state
prosecution for possession and distribution of controlled substances to the
extent of the authorization.
16-13-53.
[
Index ]
(a) Prosecution for any violation of law occurring
prior to July 1, 1974, is not affected or abated by this article. If the offense
which was being prosecuted is similar to one set out in this article, then the
penalties under this article apply if they are less than those under prior law.
(b) Civil seizures or forfeitures and injunctive
proceedings commenced prior to July 1, 1974, are not affected by this article.
(c) All administrative proceedings pending under
prior laws which were superseded by this article shall be continued and brought
to a final determination in accord with the laws and rules in effect prior to
July 1, 1974. Any substance controlled under prior law which is not listed
within Schedules I through V is automatically controlled without further
proceedings and shall be listed in the appropriate schedule.
(d) This article applies to violations of law,
seizures, forfeitures, injunctive proceedings, administrative proceedings, and
investigations occurring after July 1, 1974.
16-13-54. [
Index ]
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.
16-13-55.
[
Index ]
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.
16-13-56. [
Index ]
(a) Unless
otherwise specified with respect to a particular offense, any person who
violates any provision of this article shall be guilty of a misdemeanor.
(b) In addition to any other penalty imposed by law
for a violation of this article, if the sentencing court finds that in
committing a violation of this article, the defendant contributed to a release
of hazardous waste, a hazardous constituent, or a hazardous substance as such
terms are defined by Code Sections 12-8-62 and 12-8-92, the court shall require
such defendant to make restitution to the State of Georgia pursuant to
subsection (a) of Code Section 12-8-96.1 for the reasonable costs of activities
associated with the cleanup of environmental hazards, including legal expenses
incurred by the state. Restitution made pursuant to this Code section shall not
preclude the State of Georgia from obtaining any other civil or criminal remedy
available under any other provision of law. The restitution authorized by this
Code section is supplemental and not exclusive.
16-13-70. [
Index ]
This article
shall be known and may be cited as the 'Dangerous Drug
Act.'
16-13-70.1. [
Index ]
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.
16-13-71. [
Index ]
(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 any civil or criminal action or other
proceedings, a certification from the Food and Drug Administration of the United
States Department of Health and Human Services attesting to the fact that a drug
other than a drug contained in any schedule of Article 2 of this chapter
involved in the action or proceeding is a dangerous drug that federal law
prohibits dispensing of without a prescription pursuant to the Federal Food,
Drug, and Cosmetic Act shall be admissible as prima-facie proof that such drug
is a 'dangerous drug.'
(b) In addition to subsection
(a) of this Code section, a 'dangerous drug' means any other drug or substance
declared by the General Assembly to be a dangerous drug; to include any of the
following drugs, chemicals, or substances; salts, isomers, esters, ethers, or
derivatives of such drugs, chemicals, or substances which have essentially the
same pharmacological action; all other salts, isomers, esters, ethers, and
compounds of such drugs, chemicals, or substances unless specifically exempted
and the following devices, identified as 'dangerous drugs':
(.03) Abacavir;
(.04)
Abciximab;
(.05) Acarbose;
(.1) Acebutolol;
(1)
Acecarbromal;
(2) Acenocoumarol;
(3) Acetazolamide;
(3.5)
Reserved;
(4) Acetohexamide;
(4.1) Aceto-hydroxamic acid;
(5) Acetophenazine;
(6)
Acetosulfone;
(7) Acetyl sulfamethoxypyridazine;
(8) Acetyl sulfisoxazole;
(9) Acetylcarbromal;
(10)
Acetylcholine;
(11) Acetylcysteine;
(12) Acetyldigitoxin;
(12.1) Acitretin;
(13)
Acrisorcin;
(13.3) Acrivastine;
(13.5) Acyclovir;
(13.55)
Adapalene;
(13.6) Adenosine;
(14) Adenosine 5-monophosphate;
(15) Adenylic acid;
(16)
Adiphenine hydrochloride;
(17) Adrenal cortex
extracts;
(17.5) Albendazole;
(18) Albumin, normal human serum;
(18.1) Albuterol;
(19)
Albutonium;
(19.5) Alclometasone dipropionate;
(19.6) Alendronate;
(19.7)
Alglucerase;
(19.8) Alitretinoin;
(20) Alkaverir;
(21)
Alkavervir;
(21.1) Alkyl nitrites;
(22) Allopurinol;
(22.2)
Almotriptan;
(22.5) Alosetron;
(23) Alpha amylase;
(23.1)
Alprostadil;
(24) Alseroxylon;
(24.1) Altenodol;
(24.6)
Altretamine;
(25) Aluminum nicotinate;
(26) Alverine;
(27)
Amantadine;
(28) Ambenonium chloride;
(29) Ambrosiacae follens;
(30) Amcinonide;
(30.1)
Amdinocillin;
(30.5) Amifostine;
(31) Amikacin;
(31.1)
Amiloride;
(32) Aminacrine;
(33) 4-amino-N-methyl-pteroylglutamic acid;
(34) Amino acid preparations for injection or vaginal
use;
(35) Aminocaproic acid;
(36) Aminohippurate;
(36.5)
Aminolevulinic acid;
(37) Aminophylline;
(38) Aminosalicylate — See exceptions;
(39) Aminosalicylate calcium — See exceptions;
(40) Aminosalicylate potassium — See
exceptions;
(41) Aminosalicylate sodium — See
exceptions;
(42) Aminosalicylic acid — See
exceptions;
(42.1) Amiodarone;
(43) Amisometradine;
(44)
Amitriptyline;
(44.3) Amlexanox;
(44.5) Amlodipine;
(44.7)
Ammonium lactate;
(45) Amodiaquin;
(45.5) Amoxapine;
(46)
Amoxicillin;
(47) Amphotericin B;
(48) Ampicillin;
(48.2)
Amprenavir;
(48.6) Amrinone;
(49) Amyl nitrite;
(50)
Amylolytic enzymes;
(50.1) Anabolic steroids, if
listed in Code Section 16-13-27.1 as being exempt as Schedule III controlled
substances;
(50.3) Anagrelide;
(50.4) Anakinra;
(50.5)
Anastrozole;
(51) Androgens, except those androgens
listed in paragraph (6) of Code Section 16-13-27;
(52)
Angiotensin amide;
(53) Anisindione;
(54) Anisotropine;
(55)
Antazoline;
(56) Anterior pituitary hormones;
(57) Anthralin;
(58)
Anti-coagulant acid:
(A) Citrate dextrose;
(59) Antigens:
(A)
Alternaria tenius;
(B) Aqua ivy;
(C) Ash mix;
(D)
Aspergillus fumigatus;
(E) Bacterial, Staphylococcus
aureus, Type 1;
(F) Bacterial, Staphylococcus aureus,
Type 3;
(G) Bacterial, Undenatured;
(H) Bee;
(I) Beech;
(J) Bermuda grass;
(K)
Birch;
(L) California live oak;
(M) Candida albicans;
(N)
Careless weed;
(O) Cat epithelia;
(P) Cattle epithelia;
(Q)
Coccidioides immitis;
(R) Cottonwood fremont;
(S) Dog epithelia;
(T) Elm
mix;
(U) English plantain;
(V) Feather mix;
(W) Gram
negative bacterial;
(X) Helminthosporium sativum;
(Y) Hickory;
(Z)
Hormodendrum hordei;
(AA) Hornet;
(BB) House dust;
(CC)
House dust mix;
(DD) Insects;
(EE) Intradermal or scratching test;
(FF) Johnson grass;
(GG)
Kentucky blue grass;
(HH) Kochia;
(II) Lamb quarters;
(JJ)
Maple;
(KK) Mesquite;
(LL)
Mixed epidermals;
(MM) Mixed grass, ragweeds
(spring-fall);
(NN) Mixed grasses (spring);
(OO) Mixed inhalants;
(PP)
Mixed molds;
(QQ) Mixed ragweed;
(RR) Mixed ragweed — mixed weeds (fall);
(SS) Mixed weeds;
(TT)
Molds;
(UU) Mountain cedar;
(VV) Mugwort common;
(WW)
National weed mix;
(XX) Oak mix;
(YY) Olive;
(ZZ) Orchard
grass;
(AAA) Pecan;
(BBB)
Penicillium notatum;
(CCC) Perennial rye;
(DDD) Poison oak and poison ivy;
(EEE) Pollens;
(FFF)
Poplar mix;
(GGG) Prescription;
(HHH) Ragweed mix;
(III)
Red top grass;
(JJJ) Respiratory bacterial;
(KKK) Rough pigweed;
(LLL)
Russian thistle;
(MMM) Sagebrush common;
(NNN) Scale mix;
(OOO)
Short ragweed;
(PPP) Simplified allergy screening
set;
(QQQ) Skin bacterial;
(RRR) Southern grass;
(SSS)
Staphylococcal;
(TTT) Stinging insect mix;
(UUU) Stinging insects;
(VVV) Sweet vernal;
(WWW)
Sycamore;
(XXX) Tall ragweed;
(YYY) Timothy;
(ZZZ) Tree
mix;
(AAAA) Trees (early spring);
(BBBB) Walnut;
(CCCC)
Wasp;
(DDDD) West ragweed;
(EEEE) West weed mix;
(FFFF) Yellow jacket;
(60)
Antihemophilic factor, Human;
(61) Antirabies serum;
(62) Antivenin;
(62.1)
Apomorphine;
(62.3) Apraclonidine;
(62.5) Aprotinin;
(62.7)
Ardeparin;
(62.8) Argatroban;
(63) Arginine, L-;
(64)
Arsenic — Preparation for human use;
(64.1)
Arsenic trioxide;
(65) Artegraft;
(66) Ascorbate sodium — Injection;
(67) Asparaginase;
(67.6)
Astemizole;
(68.1) Atenolol;
(68.15) Atomoxetine;
(68.2)
Atorvastatin;
(68.3) Atovaquone;
(68.4) Atracurium besylate;
(68.5) Atropine — See exceptions;
(68.6) Auranofin;
(69)
Aurothioglucose;
(70) Azapetine;
(71) Azatadine maleate;
(72) Azathioprine;
(72.3)
Azelaic acid;
(72.4) Azelastine;
(72.5) Azithromycin;
(72.7)
Azlocillin;
(73) Azo-sulfisoxazole;
(73.5) Aztreonam;
(74)
Azuresin;
(75) Bacitracin — See exceptions;
(76) Baclofen;
(76.5)
Balsalazide;
(77) Barium — See exceptions;
(78) Beclomethasone;
(79)
Belladonna;
(80) Belladonna alkaloids;
(81) Belladonna extracts;
(82) Benactyzine;
(82.5)
Benazepril;
(83) Bendroflumethiazide;
(83.1) Benoxaprofen;
(83.2)
Bentiromide;
(83.5) Bentoquatam — See
exceptions;
(84) Benzestrol;
(85) Benzonatate;
(86)
Benzoylpas;
(87) Benzquinamide;
(88) Benzthiazide;
(89)
Benztropine;
(90) Benzylpenicilloyl - polylysine;
(91) Bephenium hydroxynaphthoate;
(91.5) Bepridil;
(91.7)
Beractant;
(92) Beta-carotene — See exceptions;
(93) Betadine vaginal gel;
(94) Betahistine;
(94.5)
Betaine, anhydrous;
(95) Betamethasone;
(95.1) Betaxolol;
(96)
Betazole;
(97) Bethanechol;
(97.1) Bethanidine sulfate;
(97.3) Bexarotene;
(97.5)
Bicalutamide;
(98) Bile extract;
(98.2) Bimatoprost;
(99)
Biperiden;
(100) Bisacodyl tannex;
(101) Bishydroxycoumarin;
(102) Bismuth sodium tartrate — See exceptions;
(102.05) Bisoprolol;
(102.1) Bitolterol mesylate;
(102.5) Bivalirudin;
(103)
Blastomycine;
(104) Bleomycin;
(105) Boroglycerin glycerite;
(105.5) Bosentan;
(105.7)
Botulinum toxin (B);
(106) Botulism antitoxin;
(107) Bretylium;
(107.3)
Briazolamide;
(107.5) Brimonidine;
(108) Bromelains — See exceptions;
(109) Bromisovalum;
(110)
Bromocriptine;
(111) Bromodiphenhydramine;
(112) Brompheniramine—See exceptions;
(113) Brucella antigen;
(114) Brucella protein nucleate;
(115) Buclizine;
(115.3)
Budesonide;
(115.5) Bumetanide;
(116) Bupivacaine;
(116.05)
Buprenorphine;
(116.1) Buproprion;
(116.5) Buspirone;
(117)
Busulfan;
(118) Butacaine;
(119) Butaperazine;
(119.05) Butenafine — See exceptions;
(119.1) Butoconazole — See exceptions;
(120) Reserved;
(121)
Butyl nitrite;
(122) Butyrophenone;
(122.5) Cabergoline;
(123)
Cadmium sulfide — See exceptions;
(124)
Caffeine sodium benzoate;
(124.3) Calcifediol;
(124.7) Calcipotriene;
(125) Calcitonin, Salmon;
(126) Calcitriol;
(127)
Calcium disodium edetate — See exceptions;
(128)
Calcium gluconogalactogluconate;
(129) Calcium
levulinate;
(129.5) Calfactant;
(130) Calusterone;
(130.5)
Candesartan;
(131) Candicidin;
(132) Cantharidin;
(132.5)
Capecitabine;
(133) Capreomycin;
(133.1) Captopril;
(134)
Capyodiame;
(135) Caramiphen;
(136) Carbachol;
(137)
Carbamazepine;
(138) Carbazochrome;
(139) Carbenicillin;
(140)
Carbetapentane;
(141) Carbidopa;
(142) Carbinoxamine;
(142.5) Carboplatin;
(143)
Reserved;
(144) Carmustine;
(144.1) Carnitine;
(145)
Carphenazine;
(145.6) Carteolol;
(145.8) Carvedilol;
(146)
Casein hydrolysate;
(146.6)
Caspofungin;
(147) Catarrhalis combined vaccine;
(148) Catarrhalis vaccine mixed;
(149) Cefaclor;
(150)
Cefadroxil;
(151) Cefamandole;
(151.3) Cefazolin;
(151.4)
Cefdinir;
(151.45) Cefditoren;
(151.5) Cefepime;
(151.6)
Cefixime;
(151.7) Cefmetazole;
(151.8) Cefonicid;
(152)
Cefoperazone;
(152.1) Ceforanide;
(152.2) Cefotaxime;
(152.3)
Cefotetan;
(152.7) Cefotiam;
(152.9) Cefoxitin;
(153.1)
Cefpiramide;
(153.2) Cefpodoxime;
(153.3) Cefprozil;
(153.4)
Ceftazidime;
(153.5) Ceftibuten;
(153.6) Ceftizoxime;
(153.8) Ceftriaxone;
(153.9) Cefuroxime;
(153.95) Celecoxib;
(154)
Cellulose, Oxadized, Regenerated — See exceptions;
(155) Cephalexin;
(156)
Cephaloglycin;
(157) Cephaloridine;
(158) Cephalothin;
(159)
Cephapirin;
(159.3) Cephradine;
(159.6) Ceretec;
(159.8)
Cerivastatin;
(160.1) Ceruletide;
(160.15) Cetirizine;
(160.16) Cetrorelix;
(160.17) Cevimeline;
(160.20) Chenodiol;
(161)
Chlophedianol;
(162) Chlorambucil;
(163) Chloramphenicol;
(164) Chloranil — See exceptions;
(165) Chlordantoin;
(166)
Chlordiazepoxide in combination with clidinium bromide or water soluble
esterified estrogens;
(166.5) Chlorhexidine —
See exceptions;
(167) Chlormadinone;
(168) Chlormerodrin;
(169)
Chlormezanone;
(170) Chloroacetic acid — See
exceptions;
(171) Chlorobutanol — See
exceptions;
(172) Chloroform — See exceptions;
(173) Chloroguanide;
(174)
Chloroprocaine;
(175) Chloroquine;
(176) Chlorothiazide;
(177)
Chlorotrianisene;
(178) Chloroxine;
(179) Chlorphenesin;
(180)
Chlorpheniramine — See exceptions;
(181)
Chlorphenoxamine;
(182) Chlorpromazine;
(183) Chlorpropamide;
(184)
Chlorprothixene;
(185) Chlorquinaldol;
(186) Chlortetracycline;
(187) Chlorthalidone;
(188)
Chlorzoxazone;
(189) Cholera vaccine;
(190) Cholestyramine resin;
(191) Chondroitin;
(191.5)
Chymopapain;
(192) Chymotrypsin;
(192.03) Ciclopirox;
(192.05) Cidofovir;
(192.1)
Cilastatin;
(192.4) Cilexetil;
(193) Cimetidine — See exceptions;
(194) Cinoxacin;
(194.5)
Ciprofloxacin;
(194.7) Cisapride;
(194.8) Cisatracurium;
(195) Cisplatin;
(195.2)
Citalopram;
(195.3) Cladribine;
(195.5) Clarithromycin;
(195.7) Clavulanate;
(196)
Clemastine — See exceptions;
(197) Clidinium
bromide;
(198) Clindamycin;
(198.1) Clobetasol propionate;
(199) Clocortolone pivalate;
(200) Clofibrate;
(201)
Clomiphene;
(201.5) Clomipramine;
(202) Clonidine;
(203)
Clopidogerel;
(204) Clostridiopeptidase;
(205) Clotrimazole—See exceptions;
(206) Cloxacillin;
(206.5)
Clozapine;
(207) Coal tar solution topical;
(208) Cobra venom;
(209)
Colchicine — See exceptions;
(210) Colestipol;
(211) Colistimethate;
(212)
Colistin;
(213) Collagenase;
(213.5) Corticorelin;
(214)
Corticotropin;
(215) Corticotropin, Respository;
(216) Cortisone;
(217)
Cosyntropin;
(217.5) Crixivan;
(218) Cromolyn — See exceptions;
(219) Crotaline antivenin, Polyvalent;
(220) Crotamiton;
(221)
Cryptenamine;
(221.5) Cupric chloride —
injectable;
(222) Cyanide antidote;
(223) Cyclacillin;
(224)
Cyclandelate;
(225) Reserved;
(226) Cyclobenzaprine;
(227) Cyclomethycaine;
(228) Cyclopentamine;
(229)
Cyclopentolate;
(230) Cyclophosphamide;
(231) Cycloserine;
(231.5)
Cyclosporine;
(232) Cyclothiazide;
(233) Cycrimine;
(234)
Cyproheptadine;
(234.5) Cysteamine;
(235) Cytarabine;
(236)
Dacarbazine;
(236.6) Daclizumab;
(237) Dactinomycin;
(237.2)
Dalfopristin;
(237.5) Dalteparin;
(237.7) Danaparoid;
(238)
Danazol;
(239) Dantrolene;
(239.5) Dapiprazole;
(240)
Dapsone — See exceptions;
(240.5) Darbepoetin
alfa;
(241) Daunorubicin;
(242) Deanol;
(243)
Decamethonium;
(244) Deferoxamine;
(244.5) Delavirdine;
(245)
Demecarium;
(246) Demeclocycline;
(247) Demethylchlortetracycline;
(248) Deoxyribonuclease, Pancreatic;
(249) Deserpidine;
(249.5)
Desflurane;
(250) Desipramine;
(251) Deslanoside;
(251.5)
Desloratadine;
(252) Desmopressin;
(252.5) Desogestrel;
(253)
Desonide;
(254) Desoximetasone;
(255) Desoxycorticosterone;
(256) Desoxyribonuclease;
(257) Dexamethasone;
(258)
Dexbrompheniramine — See exceptions;
(259)
Dexchlorpheniramine;
(260) Dexpanthenol;
(260.5) Dexrazoxane;
(261)
Dextran;
(262) Reserved;
(263) Dextriferron;
(264)
Dextroisoephedrine;
(265) Dextrothyroxine;
(265.5) Dezocine;
(266)
Diatrizoate;
(267) Diazoxide;
(268) Dibucaine;
(269)
Dichloralphenazone;
(270) Dichlorphenamide;
(270.5) Diclofenac;
(271)
Dicloxacillin;
(272) Dicyclomine;
(272.5) Didanosine;
(273)
Dienestrol;
(274) Diethylcarbamazine;
(275) Diethylstilbestrol;
(276) Reserved;
(277)
Diflorasone diacetate;
(277.5) Diflunisal;
(278) Digitalis;
(279)
Digitoxin;
(280) Digoxin;
(281) Dihydroergocornine;
(282) Dihydroergocristine;
(283) Dihydroergocryptine;
(284) Dihydroergotamine;
(285) Dihydrostreptomycin;
(286) Dihydrotachysterol;
(287) Diiodohydroxyquin;
(287.5) Diltiazem;
(288)
Dimenhydrinate — Injection or suppositories;
(289) Dimercaprol;
(290)
Dimethindene;
(291) Dimethisterone;
(292) Dimethyl sulfoxide — See exceptions;
(293) Dimethyl tubocurarine;
(293.5) Dimyristoyl;
(294)
Dinoprost;
(295) Dinoprostone;
(296) Dioxyline;
(297)
Diphemanil;
(298) Diphenadione;
(299) Diphenhydramine — See exceptions;
(300) Diphenidol;
(301)
Diphenylhydantoin;
(302) Diphenylpyraline;
(303) Diphtheria antitoxin;
(304) Diphtheria and tetanus toxoids;
(305) Diphtheria and tetanus toxoids and pertussis
vaccine;
(306) Diphtheria and tetanus toxoids,
Absorbed;
(307) Diphtheria and tetanus toxoids,
Pertussis;
(308) Diphtheria toxoid;
(309) Dipivefrin;
(310)
Dipyridamole;
(311) Dipyron;
(311.3) Dirithromycin;
(311.5) Disibind;
(312)
Disodium edetate — See exceptions;
(313)
Disopyramide;
(314) Disulfiram;
(314.5) Divalproex;
(315)
Dobutamine;
(315.5) Docetaxel;
(315.7) Docosanol — See exceptions;
(316) Doderlein bacilli;
(316.2) Dofetilide;
(316.3)
Dolasetron;
(316.5) Donepezil;
(317) Dopamine;
(317.3)
Dornase Alpha;
(317.4) Dorzolamide;
(317.5) Doxacurium;
(318)
Doxapram;
(318.5) Doxazosin mesylate;
(319) Doxepin;
(319.5)
Doxercalciferol;
(320) Doxorubicin;
(321) Doxycycline;
(322)
Doxylamine;
(323) Doxylamine succinate;
(324) Dromostanolone;
(325)
Droperidol;
(325.3) Drospirenone;
(325.4) Drotrecogin alfa;
(325.5) Dutasteride;
(326)
Dyclonine;
(327) Dydrogesterone;
(328) Dyphylline;
(329)
Echothiophate;
(329.5) Econazole;
(330) Ectylurea;
(330.5)
Edetate — See exceptions;
(331) Edrophonium;
(331.03) Efavirenz;
(331.05) Eflornithine;
(331.07) Emedastine;
(331.1) Enalapril;
(331.6)
Enalaprilat;
(332) Enflurane;
(332.5) Enoxacin;
(332.7)
Enoxaparin;
(332.8) Entacapone;
(333) Epinephrine;
(334)
Epinephryl borate;
(334.3) Epirubicin;
(334.5) Epoprostenol;
(334.7) Eprosartan;
(334.8)
Eptifibatide;
(335) Ergocalciferol — See
exceptions;
(335.5) Ergoloid mesylates;
(336) Ergonovine;
(337)
Ergotamine;
(338) Ergosine;
(339) Ergocristine;
(340)
Ergocryptine;
(341) Ergocornine;
(342) Ergotaminine;
(343)
Ergosinine;
(344) Ergocristinine;
(345) Ergocryptinine;
(346)
Ergocorninine;
(346.5) Ertapenem;
(347) Erythrityl tetranitrate;
(348) Erythromycin;
(349)
Eserine;
(349.4) Esmolol;
(349.7) Esomeprazole;
(350)
Esterified estrogens;
(351) Estradiol;
(352) Estriol;
(353)
Estrogens;
(354) Estrogenic substances;
(355) Estrone;
(355.5)
Estropipate;
(356) Ethacrynate;
(357) Ethacrynic acid;
(358) Ethambutol;
(359)
Ethamivan;
(359.5) Ethanolamine oleate;
(360) Ethaverine;
(361)
Ether — See exceptions;
(361.5) Ethinamate;
(362) Ethinyl estradiol;
(363) Ethiodized oil;
(364)
Ethionamide;
(365) Ethisterone;
(366) Ethoheptazine;
(367)
Ethopropazine;
(368) Ethosuximide;
(369) Ethotoin;
(370)
Ethoxazene — See exceptions;
(371)
Ethoxyzolamide;
(372) Ethyl biscoumacetate;
(373) Ethyl chloride — See exceptions;
(374) Ethyl nitrite spirit;
(375) Reserved;
(376)
Ethylnorepinephrine;
(377) Ethynodiol diacetate;
(378) Etidocaine;
(379)
Etidronate;
(379.05) Etodolac;
(379.07) Etomidate;
(379.1)
Etoposide;
(380) Eucatropine;
(380.5) Exemestane;
(381)
Factor IX complex, Human;
(381.1) Famciclovir;
(381.2) Famotidine — See exceptions;
(381.3) Felbamate;
(381.5)
Felodipine;
(381.55) Fenfibrate;
(381.6) Fenofenadine;
(381.7) Fenofibrate;
(381.8) Fenoldopam;
(382)
Fenoprofen;
(383) Ferric cacodylate;
(383.3) Ferumoxides;
(383.4) Ferumoxsil;
(383.5)
Fexofenadine;
(384) Fibrinogen;
(385) Fibrinogen/antihemophilic factor, Human;
(386) Fibrinolysin, Human;
(386.3) Finasteride;
(386.5) Filgrastin;
(387)
Flavoxate;
(387.1) Flecainide acetate;
(388) Florantyrone;
(388.5)
Flosequinan;
(389) Floxuridine;
(389.5) Fluconazole;
(390)
Flucytosine;
(390.5) Fludarabine;
(390.7) Fludeoxyglucose;
(391) Fludrocortisone;
(391.5) Flumazenil;
(392)
Flumethasone;
(392.1) Flunisolide;
(393) Fluocinonide;
(394)
Fluocinolone;
(395) Fluorescein;
(396) Fluoride — See exceptions;
(396.5) Fluorometholone;
(397) Fluorophosphates;
(398) Fluorouracil;
(399)
Fluoxetine;
(399.5) Fluoxymesterone;
(400) Fluphenazine;
(401)
Fluprednisolone;
(402) Flurandrenolide;
(402.2) Flurbiprofen;
(402.5) Flutamide;
(402.7)
Fluticasone Propionate;
(402.8) Fluvastatin;
(402.9) Fluvoxamine;
(403)
Folate sodium;
(404) Folic acid — See
exceptions;
(404.3) Follitropin;
(404.5) Fomivirsen;
(404.7)
Fondaparinux;
(405) Foreign protein;
(406) Formaldehyde — See exceptions;
(406.2) Formoterol;
(406.4)
Foscarnet;
(406.5) Fosfomycin;
(406.7) Fosinopril;
(406.9)
Fosphenytoin;
(406.95) Frovatriptan;
(407) Furazolidone;
(408)
Furosemide;
(408.2) Gabapentin;
(408.3) Gadodiamide;
(408.4) Gadopentetate dimeglumine;
(408.6) Gadoteridol;
(408.8) Gadoversetamide;
(408.9) Galantamine;
(409)
Gallamine triethiodide;
(409.3) Gallium citrate;
(409.5) Gallium nitrate;
(410) Gamma benzene hexachloride;
(411) Gamma globulin;
(411.5) Ganciclovir;
(411.7) Ganirelix;
(412)
Gas gangrene polyvalent antitoxin;
(412.03)
Gatifloxacin;
(412.05) Gemcitabine;
(412.1) Gemfibrozil;
(412.3) Gemtuzumab ozogamicin;
(412.5) Genotropin;
(413)
Gentamicin;
(414) Gentian violet vaginal
suppositories;
(415) Gitalin;
(415.03) Glatiramer;
(415.05) Glimepiride;
(415.1) Glipizide;
(416)
Glucagon;
(417) Gluceptate;
(418) Gluconate magnesium;
(419) Gluconate potassium — See exceptions;
(420) Glutamate arginine;
(420.1) Glyburide;
(420.5)
Glycine — See exceptions;
(421) Glycobiarsol;
(422) Glycopyrrolate;
(423)
Gold sodium thiomalate;
(424) Gold thiosulfate
— See exceptions;
(425) Gomenol Solution;
(425.5) Gonadorelin acetate;
(426) Gonadotropin, Chroinic;
(427) Gonadotropin, Chroinic, Anti-human serum;
(428) Gonadotropin, Serum;
(428.5) Goserelin;
(429)
Gramicidin;
(430) Gramineae pollens;
(430.3) Gramosetron;
(430.5) Granisetron;
(431)
Griseofulvin;
(431.5) Guanabenz;
(432) Guanethidine;
(432.4)
Guanadrel;
(432.7) Guanfacine;
(432.9) Guanidine;
(433)
Halcinonide;
(433.5) Halobetasol Propionate;
(433.7) Halofantrine;
(434)
Haloperidol;
(435) Haloprogin;
(436) Halothane;
(437)
Hartman?s solution;
(438) Heparin;
(439) Hetacillin;
(440)
Hexachlorophene — See exceptions;
(441)
Hexafluorenium;
(442) Hexocyclium;
(443) Hexylcaine;
(444)
Histamine;
(445) Histoplasmin;
(445.5) Histrelin acetate;
(446) Homatropine;
(446.6)
Hyaluronan;
(446.7) Hyaluronic acid;
(447) Hyaluronidase;
(448)
Hydralazine;
(449) Hydrocalciferol;
(450) Hydrochlorothiazide;
(451) Hydrocortamate;
(452)
Hydrocortisone — See exceptions;
(453)
Hydroflumethiazide;
(454) Hydroquinone;
(455) Hydroxocobalamin — See exceptions;
(456) Hydroxyamphetamine;
(457) Hydroxychloroquine;
(458) Hydroxyprogesterone;
(459) Hydroxyurea;
(460)
Hydroxyzine;
(461) Hyoscyamine;
(462) Hyoscyamus alkaloids;
(463) Hypophamine;
(464)
Ibuprofen — See exceptions;
(464.05) Ibutilide;
(464.1) Idarubicin;
(464.3)
Idoxuridine;
(464.6) Ifosfamide;
(464.8) Imatinib;
(465)
Imiglucerase;
(465.1) Imipenem/cilastatin;
(466) Imipramine;
(466.5)
Imiquimod;
(467) Immune hepatitis B globulin, Human;
(468) Immune poliomyelitis globulin, Human;
(469) Immune serum globulin, Human;
(469.1) Indapamide;
(469.5)
Indecainide;
(470) Indigotindisulfonate;
(470.05) Indinavir;
(470.1)
Indium IN-III oxyquinolone;
(470.3) Indium IN-III
pentetreotide;
(471) Indocyanine green;
(472) Indomethacin;
(472.5)
Infliximab;
(473) Influenza virus vaccines;
(474) Injections, All substances for human use
— See exceptions;
(474.2) Insulin aspart;
(474.4) Insulin glargine;
(474.5) Interferon;
(475)
Intrinsic factor concentrate manufactured for human use;
(475.3) Inulin;
(475.5)
Iobenguane;
(476) Iocetamic acid;
(477) Iodamide;
(478)
Iodinated I-125 serum albumin;
(479) Iodinated I-131
serum albumin;
(480) Iodinated glycerol-theophylline;
(481) Iodine solution, Strong oral;
(482) Iodipamide;
(482.5)
Iodixanol;
(483) Iodized oil;
(484) Iodobenzoic acid — See exceptions;
(485) Iodobrassid;
(485.1)
Iodohippurate sodium;
(486) Iodopyracet;
(487) Iodothiouracil;
(487.05) Iofetamine;
(487.08) Iohexol;
(487.1)
Iopamidol;
(488) Iopanoic acid — See
exceptions;
(489) Iophendylate;
(489.1) Iopromide;
(489.2)
Iothalamate;
(489.3) Iothiouracil;
(489.5) Iotrolan;
(489.6)
Ioversol;
(490.1) Ioxaglate;
(490.5) Ioxilan;
(491)
Ipodate;
(491.5) Ipratropium;
(491.6) Irbesartan;
(491.7)
Irinotecan;
(492) Iron cacodylate;
(493) Iron dextran injection;
(494) Iron peptonized;
(495) Iron sorbitex;
(496)
Isocarboxazid;
(497) Isoetharine;
(498) Isoflurane;
(499)
Isoflurophate;
(500) Isometheptene;
(501) Isoniazid;
(502)
Isopropamide;
(503) Isoproterenol;
(504) Isosorbide dinitrate;
(504.05) Isosorbide mononitrate;
(504.1) Isosulfan blue;
(505) Isothipendyl;
(505.5)
Isotretinoin;
(506) Isoxsuprine;
(506.5) Isradipine;
(506.7)
Itraconazole;
(506.8) Ivermectin;
(507) Kanamycin;
(508)
Reserved;
(509) Ketocholanic acids;
(509.1) Ketoconazole — See exceptions;
(509.15) Ketoprofen — See exceptions;
(509.17) Ketorolac tromethamine;
(509.18) Ketotifen;
(509.2)
Labetalol;
(510) Lactated ringers solution;
(511) Lactulose;
(511.3)
Lamivudine;
(511.5) Lamotrigine;
(512) Lanatoside C;
(512.5)
Lansoprazole;
(512.7) Latanoprost;
(513) Latrodectus mactans;
(513.5) Leflunomide;
(513.8) Letrozole;
(514)
Leucovorin;
(514.1) Leuprolide;
(514.5) Levalbuterol;
(515)
Levallorphan;
(515.5) Levamisole;
(516) Levarterenol;
(516.05) Levetiracetam;
(516.07) Levobetaxolol;
(516.1) Levobunolol;
(516.3) Levobupivacine;
(516.5) Levocabastine;
(516.7) Levocarnitine;
(517) Levodopa;
(517.2)
Levofloxacin;
(517.3) Levomethadyl;
(517.4) Levonordefrin;
(517.5) Levonorgestrel;
(518) Levopropoxyphene;
(519) Levothyroxine;
(520)
Lidocaine — See exceptions;
(521) Lincomycin;
(522) Lindane — See exceptions;
(522.5) Linezolid;
(523)
Linolenic acid;
(524) Liothyronine;
(525) Liotrix;
(525.5)
Lisinopril;
(526) Lithium carbonate — See
exceptions;
(527) Lithium citrate;
(528) Liver extract;
(528.3) Lodoxamide;
(528.5)
Lomefloxacin;
(529) Lomustine;
(529.1) Loperamide — See exceptions;
(529.5) Lopinavir;
(529.7)
Loracarbef;
(529.9) Loratadine — See
exceptions;
(529.95) Losartan;
(529.97) Loteprednol;
(530)
Lovastatin;
(530.5) Loxapine;
(531) Lugols solution;
(532) Lututrin;
(533)
Lymphogranuloma venereum antigen;
(534) Lypressin
synthetic;
(535) Mafenide;
(536) Magnesium gluconate — See exceptions;
(537) Magnesium salicylate;
(538) Mandelic acid — See exceptions;
(539) Mannitol — See exceptions;
(540) Mannitol hexanitrate;
(540.1) Maprotiline;
(540.5) Masoprocol;
(541)
Measles immune globulin, Human;
(542) Measles virus
vaccines;
(543) Mebendazole for human use;
(544) Mecamylamine;
(545)
Mechlorethamine;
(546) Meclizine — See
exceptions;
(546.5) Meclocycline;
(547) Meclofenamate;
(548)
Medroxyprogesterone;
(549) Medrysone;
(550) Mefenamic acid;
(550.5) Mefloguine;
(551)
Megestrol;
(552) Meglumine;
(552.5) Meloxicam;
(553)
Melphalan;
(554) Menadiol;
(555) Menadione;
(556)
Meningococcal polysaccharide vaccine;
(557)
Menotropins;
(558) Mepenzolate;
(559) Mephenesin;
(560)
Mephentermine;
(561) Mephenytoin;
(562) Meprednisone;
(563)
Mepivacaine;
(563.5) Mequinol;
(564) Meralluride;
(565)
Mercaptomerin;
(566) Mercaptopurine;
(567) Mercury bichloride — See exceptions;
(567.1) Meropenem;
(567.2)
Mersalyl;
(567.3) Mesalamine;
(567.5) Mesna;
(568)
Mesoridazine;
(569) Mestranol;
(570) Metaproterenol;
(571)
Metaraminol;
(572) Metaxalone;
(572.5) Metformin;
(573)
Methachloine;
(574) Methacycline;
(575) Methallenestril;
(576) Reserved;
(577)
Reserved;
(578) Methantheline;
(579) Methazolamide;
(580)
Methdilazine;
(581) Methenamine hippurate;
(582) Methenamine mandelate;
(583) Methenamine sulfosalicylate;
(584) Methicillin;
(585)
Methimazole;
(586) Methiodal;
(587) Methionine;
(588)
Methixene;
(589) Methocarbamol;
(590) Methotrexate;
(591)
Methotrimeprazine;
(592) Methoxamine;
(593) Methoxsalen;
(594)
Methoxyflurane;
(595) Methoxyphenamine;
(596) Methscopolamine;
(597) Methsuximide;
(598)
Methyclothiazide;
(599) Methylandrostenediol;
(600) Methylatropine;
(601)
Methyldopa;
(602) Methyldopate;
(603) Methylene blue, Oral;
(604) Methylergonovine;
(605) Methylprednisolone;
(606) Reserved;
(607)
Methysergide;
(608) Metoclopramide;
(609) Metocurine iodide injection;
(610) Metolazone;
(611)
Metoprolol;
(612) Metrizamide;
(612.5) Metrizoate;
(613)
Metronidazole;
(614) Metyrapone;
(615) Metyrosine;
(615.01)
Mexiletine;
(615.1) Mezlocillin;
(615.6) Mibefradil;
(616)
Miconazole—See exceptions;
(617) Microfibrillar
collagen hemostat;
(617.1) Midodrine;
(617.3) Mifepristone;
(617.4) Miglitol;
(617.5)
Milrinone;
(618) Minocycline;
(619) Minoxidil — See exceptions;
(619.3) Mirtazapine;
(619.5) Misoprostol;
(620)
Mithramycin;
(621) Mitomycin;
(622) Mitotane;
(622.3)
Mitoxantrone;
(622.5) Mivacurium;
(622.7) Moexipril;
(623)
Molindone;
(623.5) Mometasone;
(624) Monobenzone;
(624.1)
Monooctanoin;
(624.5) Montelukast;
(624.7) Moricizine;
(625)
Morrhuate;
(625.1) Moxalactam;
(625.3) Moxidectin;
(625.5)
Moxifloxacin;
(626) Mumps virus vaccines;
(626.5) Mupirocin;
(627)
Mushroom spores which, when mature, contain either psilocybin or psilocin;
(627.5) Mycophenolate;
(628) N-acetyl-1-cysteine;
(629) N. cattarhalis antigen;
(629.5) Nabumetone;
(630)
Nadolol;
(630.5) Nafarelin;
(631) Nafcillin;
(631.5)
Naftifine;
(632) Nalbuphine;
(633) Reserved;
(634)
Nalidixic acid;
(634.5) Nalmefene;
(635) Naloxone;
(635.1)
Naltrexone;
(636) Reserved;
(637) Naphazoline — See exceptions;
(638) Naproxen — See exceptions;
(638.3) Naratriptan;
(638.5) Nedocromil;
(638.7)
Nefazodone;
(638.8) Nelfinavir;
(639) Neomycin — See exceptions;
(640) Neostigmine;
(640.2)
Nesiritide;
(640.3) Netilmicin;
(640.4) Nevirapine;
(640.5)
Niacinamide — See exceptions;
(640.7)
Nicardipine;
(640.8) Niclosamide;
(641.1) Nicotine resin complex (polacrilex) —
See exceptions;
(641.15) Nicotine transdermal system
— See exceptions;
(642) Nicotinyl alcohol;
(642.1) Nifedipine;
(643)
Nifuroximine;
(644) Nikethamide;
(644.4) Nilutamide;
(644.5)
Nimodipine;
(644.7) Nisoldipine;
(644.8) Nitisinone;
(644.9)
Nitric oxide — for use in humans;
(645)
Nitrofurantoin;
(646) Nitrofurazone;
(647) Nitroglycerin;
(648)
Nitroprusside — See exceptions;
(648.3) Nitrous
oxide — See exceptions;
(648.6) Nizatidine
— See exceptions;
(649.1) Nomifensine maleate;
(650) Nonoxynol — See exceptions;
(651) Norepinephrine;
(652)
Norethindrone;
(653) Norethynodrel;
(653.5) Norfloxacin;
(654)
Norgestrel;
(655) Normal serum albumin, Human;
(656) Nortriptyline;
(657)
Nositol;
(658) Novobiocin;
(659) Nux vomica;
(660)
Nylidrin;
(661) Nystatin;
(661.5) Octreotide acetate;
(661.7) Ofloxacin;
(661.8)
Olanzapine;
(662) Old tuberculin;
(663) Oleandomycin;
(663.2)
Olopatadine;
(663.3) Olsalazine Sodium;
(663.5) Omeprazole;
(663.7)
Ondansetron;
(663.75) Orlistat;
(664) Orphenadrine;
(665)
Orthoiodobenzoic acid;
(665.5) Oseltamivir;
(666) Oxacillin;
(666.6)
Oxamniquine;
(667) Oxaprozin;
(667.5) Oxcarbazepine;
(668) Oxethazaine;
(668.5)
Oxiconazole;
(669) Oxolinic acid;
(669.1) Oxprenolol;
(670)
Oxtriphylline;
(671) Oxybutynin;
(672) Oxygen for human use — See exceptions;
(673) Reserved;
(674)
Oxyphenbutazone;
(675) Oxyphencyclimine;
(676) Oxyphenisatin;
(677)
Oxyphenonium;
(678) Oxyquinoline;
(679) Oxytetracycline;
(680) Oxytocin;
(680.5)
Ozogamicin;
(681) P-nitrosulfathiazole;
(681.3) Paclitaxel;
(681.7)
Pamidronate;
(682) Pancreatin dornase;
(683) Pancreatic enzyme;
(684) Pancrelipase;
(685)
Pancuronium;
(685.5) Panidronate;
(685.7) Pantoprazole;
(686)
Papaverine;
(687) Paramethadione;
(688) Paramethasone;
(689)
Paranitrosulfathiazole;
(690) Parathyroid injection;
(691) Pargyline;
(691.5)
Paricalcitol;
(692) Paromomycin;
(692.2) Paroxetine;
(692.4)
Pegademase bovine;
(692.5) Pegaspargase;
(692.55) Pemirolast;
(692.6) Penbutolol;
(692.8)
Penciclovir;
(693) Penicillamine;
(694) Penicillin;
(695)
Penicillin G;
(696) Penicillin O;
(697) Penicillin V;
(698)
Penicillinase;
(699) Pentaerythritol tetranitrate;
(700) Pentagastrin;
(700.1)
Pentamidine isethionate;
(701) Pentapiperide;
(701.5) Pentetate calcium trisodium;
(702) Penthienate;
(703)
Pentolinium;
(703.03) Pentosan;
(703.05) Pentostatin;
(703.1) Pentoxifylline;
(703.4) Pentylenetetrazol;
(703.45) Perflexane;
(703.5) Perflubron;
(703.6)
Perfluoroalkylpolyether;
(703.65) Perflutren;
(703.7) Pergolide;
(704)
Perindopril;
(704.1) Permethrin — See
exceptions;
(705) Perphenazine;
(706) Pertussis immune globulin, Human;
(707) Phenacemide;
(708)
Phenaglycodol;
(709) Phenaphthazine;
(710) Phenazopyridine — See exceptions;
(711) Phenelzine;
(712)
Phenethicillin;
(713) Phenformin;
(714) Phenindamine;
(715)
Phenindione;
(716) Pheniramine — See
exceptions;
(717) Phenitramin;
(718) Phenothiazine derivatives;
(719) Phenoxybenzamine;
(720) Phenoxymethyl penicillin;
(721) Phenuprocoumon;
(722)
Phensuximide;
(723) Phentolamine;
(724) Phenylbutazone;
(725)
Phenylmercuric acetate;
(726) Phenylmercuric nitrate;
(726.5) Phenylpropanolamine;
(727) Phenyltoloxamine dihydrogen citrate;
(727.2) Phenytoin;
(728)
Phthalylsulfacetamide;
(729) Phthalylsulfathiazole;
(730) Physostigmine;
(731)
Phytonadione;
(731.1) Pimozide;
(732) Pilocarpine;
(732.3)
Pinacidil;
(732.7) Pindolol;
(732.8) Pioglitazone;
(732.9) Pimecrolimus;
(733)
Pipazethate;
(733.5) Pipecuronium;
(734) Pipenzolate;
(735)
Piperacetazine;
(735.1) Piperacillin;
(736) Piperazine;
(737)
Piperidolate;
(738) Piperocaine;
(739) Pipobraman;
(740)
Pipradrol;
(740.05) Pirbuterol;
(740.1) Piroxicam;
(741)
Plague vaccine;
(742) Plasma protein fraction;
(742.5) Plicamycin;
(743)
Pneumococcal polyvalent vaccine;
(743.3) Podofilox;
(743.5) Podophyllotoxin;
(744) Poison ivy extract;
(745) Poison ivy oak extract;
(746) Poison ivy oak, sumac extract;
(747) Poldine methylsulfate;
(748) Poliomyelitis vaccine;
(749) Poliovirus vaccine, Live, Oral, All;
(750) Polyestradiol;
(751)
Polymyxin B — See exceptions;
(751.5)
Polytetrafluoroethylene;
(752) Polythiazide;
(752.2) Poractant alfa;
(752.5) Porfimer;
(753)
Posterior pituitary;
(754) Potassium acetate
injection;
(755) Potassium acid phosphate — See
exceptions;
(756) Potassium p-aminobenzoate —
See exceptions;
(757) Potassium aminosalicylate
— See exceptions;
(758) Potassium arsenite
— See exceptions;
(759) Potassium bicarbonate
— See exceptions;
(760) Potassium carbonate
— See exceptions;
(761) Potassium chloride
— See exceptions;
(762) Potassium citrate
— See exceptions;
(763) Potassium gluconate
— See exceptions;
(764) Potassium hetacillin;
(765) Potassium iodide — See exceptions;
(766) Reserved;
(767)
Potassium permanganate — See exceptions;
(768)
Povidone — Iodine — See exceptions;
(769)
Pralidoxime;
(769.2) Pramipexole;
(769.4) Pravastatin;
(769.7) Praziquantel;
(770)
Prazosin;
(770.5) Prednicarbate;
(771) Prednisolone;
(772)
Prednisone;
(773) Prilocaine;
(774) Primaquine;
(775)
Primidone;
(776) Probenecid;
(777) Probucol;
(778)
Procainamide;
(779) Procaine;
(780) Procaine penicillin;
(781) Procaine penicillin G;
(782) Procarbazine;
(783)
Prochlorperazine;
(784) Procyclidine;
(785) Progesterone;
(785.5)
Proguanil;
(786) Promazine;
(787) Promethazine;
(788)
Promethestrol;
(788.5) Propafenone;
(789) Propantheline;
(790)
Proparacaine;
(791) Prophenpyridamine — See
exceptions;
(792) Propiolactone;
(793) Propiomazine;
(793.5)
Propofol;
(794) Propoxycaine;
(795) Propranolol;
(795.5)
Propylhexedrine;
(796) Propylparaben;
(797) Propylthiouracil;
(798) Protamine sulfate injection;
(799) Protein hydrolysate injection;
(800) Protein, Foreign injection;
(801) Proteolytic enzyme;
(802) Protirelin;
(803)
Protokylol;
(804) Protoveratrine A and B;
(805) Protriptyline;
(806)
Pseudoephedrine — See exceptions;
(807)
Pseudomonas polysaccharide complex;
(808)
P-ureidobenzenearsonic acid;
(809) Purified protein
derivatives of tuberculin;
(810) Pyrantel;
(811) Pyrazinamide;
(812)
Pyrazolon;
(813) Pyridostigmine;
(814) Pyrimethamine;
(815)
Pyrrobutamine;
(816) Pyrvinium;
(816.5) Quetiapine;
(817)
Quinacrine;
(817.5) Quinapril;
(818) Quinestrol;
(819)
Quinethazone;
(820) Quinidine;
(821) Quinine hydrochloride;
(822) Quinine and urea hydrochloride;
(822.3) Quinupristin;
(822.5) Rabeprazole;
(823)
Rabies anti-serum;
(824) Rabies immune globulin,
Human;
(825) Rabies vaccine;
(826) Radio-iodinated compounds;
(827) Radio-iodine;
(828)
Radio-iron;
(829) Radioisotopes;
(830) Radiopaque media;
(831) Ragweed pollen extract;
(831.02) Raloxifene;
(831.05) Ramipril;
(831.1)
Ranitidine — See exceptions;
(831.5)
Rapacuronium;
(832) Rauwolfia serpentina;
(832.2) Reboparhamil;
(833)
Rescinnamine;
(834) Reserpine;
(835) Reserpine alkaloids;
(836) Resorcinol monoacetate — See exceptions;
(836.5) Retinoic acid, all-trans;
(837) Rhus toxicodendron antigen;
(838) Rh D immune globulin, Human;
(838.5) Ribavirin;
(839)
Riboflavin — See exceptions;
(840) Ricinoleic
acid;
(840.5) Rifabutin;
(841) Reserved;
(842)
Rifampin;
(842.1) Rifapentine;
(842.2) Riluzole;
(842.4)
Rimantadine;
(842.7) Rimexolone;
(843) Ringer?s injection;
(843.3) Risperidone;
(843.7) Ritodrine;
(843.8)
Ritonavir;
(843.83) Rivastigmine;
(843.9) Rizatritpan;
(844)
Rocky mountain spotted fever vaccine;
(844.5)
Rocuronium;
(844.7) Rofecoxib;
(845) Rolitetracycline;
(845.3) Ropinirole;
(845.5)
Ropivacaine;
(845.7) Rosiglitazone;
(846) Rotoxamine;
(846.5)
RSVIGIV;
(847) Rubella and mumps virus vaccine;
(848) Rubella virus vaccine;
(849) Rutin — See exceptions;
(849.5) Sacrosidase;
(850)
Salicylazosulfapyridine;
(850.5) Salmeterol;
(851) Salmonella typhosa, Killed;
(851.03) Samarium SM 153 lexidronam;
(851.05) Saquinavir;
(851.1) Saralasin acetate;
(852) Scopolamine;
(852.1)
Secretin;
(852.6) Selegiline;
(853) Selenium sulfide — See exceptions;
(853.5) Selenomethionine;
(854) Senecio cineraria extract ophthalmic solution;
(855) Senega fluid extract;
(855.3) Seractide acetate;
(855.5) Sermorelin Acetate;
(855.7) Sertraline;
(855.74) Sevelamer;
(855.8)
Sevoflurane;
(855.85) Sildenafil;
(856) Silver nitrate ophthalmic solutions or
suspensions;
(857) Silver sulfadiazine cream;
(857.3) Simethicone coated cellulose suspension;
(857.5) Simvastatin;
(858)
Sincalide;
(858.5) Sirolimus;
(859) Sitosterols;
(860)
Solutions for injections, All;
(861) Smallpox
vaccine;
(862) Sodium acetate injection;
(863) Sodium acetrizoate;
(864) Sodium ascorbate injection;
(865) Sodium biphosphate — See exceptions;
(866) Sodium cacodylate;
(867) Sodium chloride injection;
(868) Sodium dehydrocholate;
(869) Sodium dextrothyroxine;
(870) Sodium estrone;
(871)
Sodium fluorescein — See exceptions;
(872)
Sodium fluoride — See exceptions;
(873) Sodium
iothalamate;
(873.5) Sodium nitroprusside;
(873.7) Sodium phenylbutyrate;
(874) Sodium polystyrene sulfonate;
(875) Sodium propionated vaginal cream;
(876) Sodium sulfacetamide;
(877) Sodium sulfadiazine;
(878) Sodium sulfobromophthalein;
(879) Sodium sulfoxone;
(880) Sodium tetradecyl;
(880.5) Sodium thiosulfate;
(881) Sodium tyropanoate;
(881.1) Somatrem;
(882)
Somatropin;
(883) Sorbus extract;
(883.5) Sotalol;
(883.8)
Sparfloxacin;
(884) Sparteine;
(885) Spectinomycin;
(886)
Spirapril;
(887) Spironolactone;
(888) Staphage lysate bacterial antigen;
(889) Staphylococcus and streptococcus vaccine;
(890) Staphylococcus toxoid;
(890.5) Stavudine;
(891)
Stibophen;
(892) Stinging insect antigens —
Combined;
(893) Stockes expectorant;
(894) Stramonium;
(895)
Streptococcus antigen;
(896)
Streptokinase-streptodornase;
(897) Streptomycin;
(898) Strontium — See exceptions;
(899) Strophanthin-G;
(900)
Strychnine — See exceptions;
(901) Succimer;
(902) Succinylchloline;
(903) Succinylsulfathiazole;
(903.1) Sucralfate;
(903.2)
Sulconazole;
(904) Sulfabenzamide vaginal
preparations;
(905) Sulfacetamide;
(906) Sulfachlorpyridazine;
(907) Sulfacytine;
(908)
Sulfadiazine;
(909) Sulfadimethoxine;
(909.1) Sulfadoxine;
(910)
Sulfaethidole;
(911) Sulfaguanidine;
(912) Sulfamerazine;
(913)
Sulfameter;
(914) Sulfamethazine;
(915) Sulfamethizole;
(916)
Sulfamethoxazole;
(917) Sulfamethoxypyridazine;
(918) Sulfanilamide;
(919)
Sulfaphenazole;
(920) Reserved;
(921) Sulfapyridine;
(922)
Sulfasalazine;
(922.5) Sulfathiazole;
(923) Sulfinpyrazone;
(924)
Sulfisomidine;
(925) Sulfisoxazole;
(926) Sulfur thioglycerol;
(927) Sulindac;
(927.5)
Sumatriptan;
(928) Superinone;
(928.1) Suprofen;
(929)
Sutilains;
(930) Syrosingopine;
(930.5) Tacrine;
(930.7)
Tacrolimus;
(930.9) Tadalafil;
(931) Tamoxifen;
(931.1)
Tamsulosin;
(931.3) Tazarotene;
(931.35) Tazobacam;
(931.5)
Technetium;
(931.55) Tegaserod;
(931.6) Telmisartan;
(931.7) Temafloxacin;
(931.75) Temozolomide;
(931.8) Teniposide;
(931.85) Tenofovir;
(931.9)
Terazosin;
(931.95) Terbinafine — See
exceptions;
(932) Terbutaline;
(932.05) Terconazole;
(932.1) Terfenadine;
(932.3) Teriparatide;
(933)
Terpin hydrate with codeine;
(934) Reserved;
(935) Reserved;
(936)
Tetanus and diphtheria toxoids;
(937) Tetanus
antitoxin;
(938) Tetanus immune globulin;
(939) Tetanus toxoids;
(940) Tetracaine;
(941)
Tetracycline;
(942) Tetraethylammonium chloride;
(943) Tetrahydrozoline — See exceptions;
(943.5) Thalidomide;
(944)
Thallous chloride;
(945) Theobromide;
(945.5) Theobromine;
(946)
Theobromine magnesium oleate;
(947) Theophylline
— See exceptions;
(948) Theophylline sodium
glycinate;
(949) Thiabendazole;
(950) Thiamylal;
(951)
Thiethylperazine;
(952) Thiopropazate;
(953) Thioguanine;
(954)
Thioridazine;
(955) Thiosalicylate;
(956) Thiotepa;
(957)
Thiothixene;
(958) Thiphenamil;
(959) Thrombin;
(960)
Thyroglobulin;
(961) Thyroid;
(962) Thyrotropin;
(963)
Thyroxine;
(964) Thyroxine fraction;
(964.5) Tiagabine;
(965)
Ticarcillin;
(965.5) Ticlopidine;
(966) Ticrynafen;
(966.6)
Tiludronate;
(967) Timolol;
(967.2) Tinzaparin;
(967.3)
Tioconazole — See exceptions;
(967.5)
Tiopronin;
(967.6) Tirofiban;
(967.7) Tizanidine;
(968)
Tobramycin;
(968.1) Tocainide;
(969) Tocamphyl;
(970)
Tolazamide;
(971) Tolazoline;
(972) Tolbutamide;
(972.5)
Tolcapone;
(973) Tolmetin;
(973.05) Tolterodine;
(973.1) Topiramate;
(973.3)
Topotecan;
(973.4) Toremifene;
(973.5) Torsemide;
(973.7)
Tramadol;
(973.8) Trandolapril;
(973.9) Tranexamic acid;
(974) Tranylcypromine;
(974.4) Travoprost;
(974.5)
Trazodone;
(974.7) Treprostinil;
(975) Tretinoin;
(976)
Triamcinolone;
(977) Triamterene;
(978) Trichlormethiazide;
(979) Trichloroacetic acid — See exceptions;
(980) Trichloroethylene — See exceptions;
(981) Trichlobisonium;
(982) Triclofos;
(983)
Tridihexethyl chloride;
(983.1) Trientine;
(984) Triethanolamine polypeptides;
(985) Triethylenethiophosphoramide;
(986) Trifluoperazine;
(987) Triflupromazine;
(988) Trifluridine;
(989)
Trihexyphenidyl;
(990) Triiodothyronine;
(990.1) Trilostane;
(991)
Trimeprazine;
(992) Trimethadione;
(993) Trimethaphan cansylate;
(994) Trimethobenzamide;
(995) Trimethoprim;
(995.5)
Trimetrexate;
(996) Trimipramine;
(997) Triolein;
(998)
Trioxsalen;
(999) Tripelennamine — See
exceptions;
(1000) Triphenyltetrazolium;
(1001) Triple sulfas;
(1002) Triprolidine — See exceptions;
(1002.5) Triptorelin;
(1003) Trisulfapyrimidines;
(1003.5) Troglitazone;
(1004) Troleandomycin;
(1005) Trolnitrate;
(1006)
Tromethamine;
(1007) Tropicamide;
(1007.5) Trovafloxacin;
(1008) Trypsin;
(1009)
Trypsin-chymotrypsin;
(1010) Tuaminoheptane;
(1011) Tuberculin, Purified protein derivatives;
(1012) Tuberculin tine test;
(1013) Tuberculin, Old;
(1014) Tubocurarine;
(1015)
Tybamate;
(1016) Typhoid and paratyphoid vaccine;
(1017) Typhus vaccine;
(1018) Tyropanoate;
(1019)
Undecoylium;
(1019.5) Unoprostone;
(1020) Uracil;
(1021) Urea
— See exceptions;
(1021.3) Urofollitropin;
(1021.5) Ursodiol;
(1021.7)
Valacyclovir;
(1021.8) Valdecoxib;
(1022) Valethamate;
(1022.2) Valganciclovir;
(1023) Valproate;
(1024)
Valproic acid — See exceptions;
(1024.3)
Valrubicin;
(1024.5) Valsartan;
(1025) Vancomycin;
(1026)
Vasopressin;
(1027) VDRL antigen;
(1027.1) Vecuronium bromide;
(1027.5) Velnacrine;
(1027.6) Venlafaxine;
(1027.7) Verapamil;
(1028)
Veratrum viride;
(1029) Versenate;
(1029.5) Verteporfin;
(1030) Vidarabine;
(1031)
Vinblastine;
(1032) Vincristine;
(1032.5) Vinorelbine;
(1033) Vinyl ethyl — See exceptions;
(1034) Viomycin;
(1035)
Vitamin K;
(1036) Vitamin B12 injection;
(1037) Vitamine with fluoride;
(1037.5) Voriconazole;
(1038) Warfarin;
(1039)
Wargarin;
(1039.1) Xylocaine;
(1040) Yellow fever vaccine;
(1041) Yohimbine;
(1042)
4-chloro-3, 5-xylenol — See exceptions;
(1042.01) Zafirlukast;
(1042.02) Zalcitabine;
(1042.03) Zanamivir;
(1042.05) Zidovudine;
(1042.4) Zileuton;
(1042.7)
Zinc acetate — See exceptions;
(1042.75)
Ziprasidone;
(1042.8) Zoledronic Acid;
(1042.9) Zolmitriptan;
(1042.92) Zonisamide;
(1043) Devices that require a prescription:
(A) Cellulose, Oxadized, Regenerated (surgical
absorbable hemostat) — See exceptions;
(B)
Diaphragms for vaginal use;
(C) Hemodialysis
solutions;
(D) Hemodialysis kits;
(E) Lippes loop intrauterine;
(F) Saf-T-Coil intrauterine device;
(G) Intrauterine devices, All;
(H) Absorbable hemostat;
(I) Gonorrhea test kit.
(c)
The following are exceptions to and exemptions from subsection (b) of this Code
section:
(1) Atropine sulfate — where the oral
dose is less than 1/200 gr. per unit;
(2) Bacitracin
cream or ointment for topical use;
(3) Belladonna or
belladonna alkaloids when in combination with other drugs and the dosage unit is
less than 0.1 mg. of the alkaloids or its equivalent;
(3.5) Bentoquatam — when used with a strength
of 5 percent or less in topical preparations;
(4)
Beta carotene — all forms occurring in food products or lotions;
(5) Bromelain, pancreatic enzymes, trypsin and bile
extract — when labeled properly as digestive aids with appropriate dosage
and in compliance with FDA labeling and restrictions;
(6) Brompheniramine — where a single dosage
unit is 4 mg. or less but with no more than 3 mg. of the dextrorotary optical
isomer of racemic brompheniramine per released dose;
(6.2) Butenafine — when used with a strength of
1 percent or less as a topical preparation;
(6.4)
Butoconazole — when used with a strength up to 2 percent in a vaginal
preparation;
(6.7) Chlorhexadine — when used
with a strength up to 4 percent in a topical skin product;
(7) Chlorpheniramine — where a single dosage
unit is 12 mg. or less;
(7.1) Cimetidine — when
a single dosage unit is 200 mg. or less;
(7.3)
Clemastine — where a single dose is 1.34 mg. or less;
(7.5) Clotrimazole—when a single vaginal insert
is 200 mg. or less or with a strength up to 2 percent in a topical skin, topical
vaginal, or vaginal product;
(7.8) Cromolyn —
when used as cromolyn sodium in a nasal solution of 4 percent or less in
strength;
(7.9) Dexbrompheniramine — when a
single dosage unit is 6 mg. or less;
(8)
Diphenhydramine — up to 12.5 mg. in each 5 cc?s when used in cough
preparations and up to 50 mg. per single dose when used as a nighttime sleep aid
or used as an antihistamine and labeled in compliance with FDA requirements;
(8.5) Docosanol — when used in 10 percent
topical preparation to treat fever blisters, cold sores, or fever blisters and
cold sores.
(9) Doxylamine succinate — where a
single dosage form is 25 mg. or less and when labeled to be used as a nighttime
sedative;
(9.3) Edetate — when used in any form
other than an oral or parenteral;
(9.5) Famotidine
— when a single dosage unit is 10 mg. or less;
(9.7) Fluoride — when used with a strength up
to 1,500 parts per million in an oral care or dentifrice product;
(9.8) Glycine — when used with a strength up to
1.5 percent in an irrigation solution, when used in a topical skin product;
(10) Hydrocortisone topical skin preparations up to
1.0 percent in strength;
(11) Hydroxocobalamin,
riboflavin, niacinamide, ergocalciferol (maximum of 400 I.U. per day), Folic
acid (maximum of 0.4 mg. per day), and magnesium gluconate — when as a
source of vitamins and dietary supplement but must bear such labels and adhere
to such restrictions of FDA regulations;
(11.1)
Ibuprofen — where a single dose is 200 mg. or less;
(11.6) Reserved;
(12)
Insulin — all injectable products which do not require a prescription drug
order and bear a label which indicates 'Rx Use Only' or are otherwise listed
under subsection (b) of this Code section; and no injectable insulin product may
be sold except by a pharmacy issued a permit by the State Board of Pharmacy or
by a medical practitioner authorized to dispense medications;
(12.3) Ketoconazole — when used with a strength
of 1 percent or less in topical preparations;
(12.5)
Ketoprofen — when a single dosage unit is 12.5 mg. or less;
(13) Lidocaine topical ointment, 25 mg./gm. or less;
(13.5) Loperamide — where a single dose is
either 1 mg. per 5 ml. or 2 mg. per dosage unit;
(13.7) Loratadine — when used in a single dose
of 10 mg. or less, including doses used in combination with other drugs provided
for under this subsection;
(14) Meclizine — 25
mg. or less;
(14.1) Miconazole — when used as
antifungal powder or cream, or both, and containing not more than 4 percent of
miconazole, or when used as a vaginal insert and containing not more than 1,200
mg. of miconazole;
(14.2) Minoxidil — when used
with a strength of 5 percent or less in topical preparations;
(14.3) Naphazoline — when used in an ophthalmic
solution in a concentration of 0.027 percent or less in combination with a
pheniramine concentration of 0.315 percent or less;
(14.5) Naproxen — where a single dosage unit is
220 mg. or less;
(15) Neomycin sulfate ointment or
cream for topical use;
(15.5) Nicotine resin complex
(polacrilex) — when used as oral chewing gum where a single dose (piece of
gum) is 4 mg. or less;
(15.55) Nicotine transdermal
system — when used in a strength of 21 mg. or less per transdermal patch
(transdermal delivery system);
(16) Nitrous oxide
— air products suppliers shall not sell medical grade nitrous oxide to
other than licensed practitioners or medical suppliers; industrial grade nitrous
oxide shall only be sold when mixed with not less than 100 parts per million of
sulfur dioxide and used as a fuel additive for combustion engines or when used
in industrial laboratory equipment;
(16.3) Nizatidine
— when a single dosage unit is 75 mg. or less;
(16.8) Nonoxynol — when used with a strength up
to 12.5 percent or 1 gram per dose in a vaginal product;
(17) Oxygen — compressed oxygen which is not
labeled 'CAUTION: Federal law prohibits dispensing without prescription' or
similar wording;
(17.3) Permethrin — when used
as a topical preparation in a strength of 1 percent or less;
(17.5) Phenazopyridine — where a single dose is
100 mg. or less, as approved by the federal Food and Drug Administration;
(18) Pheniramine — when the oral dose is 25 mg.
or less, or when used in an ophthalmic solution in a concentration of 0.315
percent or less in combination with a naphazoline concentration of 0.027 percent
or less;
(19) Polymyxin B when in combination with
other drugs in an ointment or cream for topical use;
(20) Any potassium electrolyte when manufactured for
use as a dietary supplement, food additive for industrial, scientific, or
commercial use, or when added to other drug products when the product is not
intended as a potassium supplement but must bear such labels and adhere to such
restrictions of FDA regulations;
(21) Povidone
— Iodine solutions and suspensions;
(22)
Reserved;
(23) Pseudoephedrine — when a single
dosage unit is 60 mg. or less or when manufactured in an extended release form
with a dosage unit of 240 mg. or less;
(23.5)
Ranitidine — when a single dosage unit is 75 mg. or less;
(24) Rutin — where the dosage unit is less than
60 mg.;
(25) Selenium sulfide suspension 1 percent or
less in strength;
(25.1) Strychnine — when used
in combination with other active ingredients in a rodent killer, and when not
bearing a label containing the words 'CAUTION: Federal law prohibits dispensing
without prescription' or other similar wording;
(25.5)
Terbinafine — when used with a strength of 1 percent or less in a topical
antifungal cream;
(26) Tetrahydrozaline for
ophthalmic or topical use;
(27) Theophylline
preparations alone or in combination with other drugs prepared for and approved
for OTC (over the counter) sale by FDA; example — tedral tablets (plain)
or oral suspension;
(27.5) Tioconazole — when
used with a strength of 1 percent or less in topical preparations or when used
with a strength of 6.5 percent or less in vaginal preparations;
(28) Tripelennamine cream or ointment for topical
use;
(28.5) Triprolidine — when a single dose
is 5 mg. or less when combined in the same preparation as one or more other drug
products for use as an antihistamine or decongestant or an antihistimine and
decongestant;
(29) Urea — except when the
manufacturer?s label contains the wording 'CAUTION: Federal law prohibits
dispensing without prescription' or similar wording;
(29.5) Zinc acetate — when used in topical
preparations;
(30) Any drug approved by FDA for
animal use and the package does not bear the statement 'CAUTION: Federal law
prohibits dispensing without prescription' or similar wording;
or
(31) Loperamide Oral Liquid (1.00 mg/5.00 ml).
(d) The following list of compounds or preparations
may be purchased without a prescription, provided the products are manufactured
for industrial, scientific, or commercial sale or use, unless they are intended
for human use or contain on the label 'CAUTION: Federal law prohibits dispensing
without prescription' or similar wording:
(1)
Aminosalicylate;
(2) Aminosalicylate calcium;
(3) Aminosalicylate potassium;
(4) Aminosalicylate sodium;
(5) Aminosalicylic acid;
(6) Barium;
(7)
Beta-carotene;
(8) Bismuth sodium tartrate;
(9) Cadmium sulfide;
(10)
Calcium disodium edetate;
(11) Cellulose, Oxadized,
Regenerated;
(12) Chlorabutanol;
(13) Chloranil;
(14)
Chloroacetic acid;
(15) Chloroform;
(16) Colchicine;
(17)
Dapsone;
(18) Dimethyl sulfoxide;
(19) Disodium edetate;
(20)
Edetate disodium;
(21) Ether;
(22) Ethoxazene;
(23)
Ethyl chloride;
(24) Fluoride;
(25) Formaldehyde;
(26)
Gold thiosulfate;
(27) Hexachlorophene;
(28) Iodobenzoic acid;
(29)
Iopanoic acid;
(30) Lindane;
(31) Lithium carbonate;
(32) Mandelic acid;
(33)
Mannitol;
(34) Mercury bichloride;
(35) Nitroprusside;
(36)
Potassium aminosalicylate;
(37) Potassium
p-aminobenzoate;
(37.5) Potassium perchlorate;
(38) Potassium permanganate;
(39) Resorcinol monoacetate;
(40) Selenium sulfide;
(41)
Sodium biphosphate;
(42) Sodium fluorescein;
(43) Sodium fluoride;
(44)
Strontium;
(45) Trichloroacetic acid;
(46) Trichloroethylene;
(47) Valproic acid;
(48)
Vinyl ether;
(49) 4-chloro-3, 5-xylenol.
(e) The State Board of Pharmacy may delete drugs from
the dangerous drug list set forth in this Code section. In making such deletions
the board shall consider, with respect to each drug, the following factors:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological
effect, if known;
(3) The state of current scientific
knowledge regarding the drug;
(4) The history and
current pattern of abuse, if any;
(5) The scope,
duration, and significance of abuse;
(6) Reserved;
(7) The potential of the drug to produce psychic or
physiological dependence liability; and
(8) Whether
such drug is included under the Federal Food, Drug, and Cosmetic Act, 52 Stat.
1040 (1938), 21 U.S.C. Section 301, et seq., as amended.
16-13-71.1.
Repealed.
16-13-72. [
Index ]
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, distributor, or
supplier holding a license or registration issued in accordance with the Federal
Food, Drug, and Cosmetic Act and authorizing the holder to possess dangerous
drugs may possess dangerous drugs within this state but may not distribute,
sell, exchange, give away, or by any other means supply dangerous drugs without
a permit issued by the State Board of Pharmacy. Any drug manufacturer,
wholesaler, distributor, or supplier holding a permit issued by the State Board
of Pharmacy may sell, give away, exchange, or distribute dangerous drugs within
this state, but only to a pharmacy, pharmacist, a practitioner of the healing
arts, and educational institutions licensed by the state, or to a drug
wholesaler, distributor, or supplier, and only if such distribution is made in
the normal course of employment;
(2) A pharmacy may
possess dangerous drugs, but the same shall not be sold, given away, bartered,
exchanged, or distributed except by a licensed pharmacist in accordance with
this article;
(3) A pharmacist may possess dangerous
drugs but may sell, give away, barter, exchange, or distribute the same only
when he compounds or dispenses the same upon the prescription of a practitioner
of the healing arts. No such prescription shall be refilled except upon the
authorization of the practitioner who prescribed it;
(4) A practitioner of the healing arts may possess
dangerous drugs and may sell, give away, barter, exchange, or distribute the
same in accordance with Code Section 16-13-74;
(4.1)
A physician in conformity with Code Section 43-34-26.1 may delegate to a nurse
or a physician?s assistant the authority to possess vaccines and such other
drugs as specified by the physician for adverse reactions to those vaccines, and
a nurse or physician?s assistant may possess such drugs pursuant to that
delegation; provided, however, that nothing in this paragraph shall be construed
to restrict any authority of nurses or physician?s assistants existing under
other provisions of law;
(4.2) A registered
professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is
employed or engaged by a licensed home health agency may possess sterile saline,
sterile water, and diluted heparin for use as intravenous maintenance for use in
a home health setting, and such nurse may administer such items to patients of
the home health agency upon the order of a licensed physician. The State Board
of Pharmacy shall be authorized to adopt regulations governing the storage,
quantity, use, and administration of such items; provided, however, nothing in
this paragraph or in such regulations shall be construed to restrict any
authority of nurses existing under other provisions of law;
(5) A manufacturer?s sales representative may
distribute a dangerous drug as a complimentary sample only upon the written
request of a practitioner. The request must be made for each distribution and
shall contain the names and addresses of the supplier and the requestor and the
name and quantity of the specific dangerous drug requested. The written request
shall be preserved by the manufacturer for a period of two years;
and
(6) Such person, firm, corporation, or association
shall keep a complete and accurate record of all dangerous drugs received,
purchased, manufactured, sold, dispensed, or otherwise disposed of and shall
maintain such records for at least two years or in conformance with any other
state or federal law or rule issued by the Georgia State Board of Pharmacy.
16-13-72.1. [
Index ]
(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 material
information in any application filed under this article;
(2) Has been convicted of a felony under any state or
federal law relating to any controlled substance or has been convicted of a
felony or misdemeanor under any state or federal law relating to any dangerous
drug;
(3) Has violated any provision of this article
or the rules and regulations promulgated under this article;
or
(4) Has failed to maintain sufficient controls
against diversion of dangerous drugs into other than legitimate medical,
scientific, or industrial channels.
(b) The State
Board of Pharmacy may limit revocation or suspension of a permit to the
particular dangerous drug with respect to which grounds for revocation or
suspension exist.
(c) Instead of suspending or
revoking a permit as authorized by subsection (a) or (b) of this Code section,
the State Board of Pharmacy may impose a fine in an amount not to exceed
$1,500.00.
(d) If the State Board of Pharmacy
suspends or revokes a permit, all dangerous drugs owned or possessed by the
permittee at the time of suspension or the effective date of the revocation
order shall be placed under seal. No disposition may be made of drugs under seal
until the time for taking an appeal has elapsed or until all appeals have been
concluded unless a court, upon application therefor, orders the sale of
perishable drugs and the deposit of the proceeds of the sale with the court.
Upon a revocation order becoming final, all dangerous drugs shall be forfeited
to the state.
16-13-73.
[
Index ]
(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 physician prescribing the drug;
(3) The expiration date, if any, of the drug;
(4) Name and address of the pharmacy from which the
drug was dispensed; and
(5) The date of the
prescription.
(b) Any pharmacist who dispenses a
dangerous drug and fails to place the label required by subsection (a) of this
Code section upon the container of such drug shall be guilty of a misdemeanor.
16-13-74. [
Index ]
(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 administration, the printed name, address,
and telephone number of the practitioner, and the number of permitted refills. A
prescription drug order for a dangerous drug is not required to bear the DEA
permit number of the prescribing practitioner. A prescription drug order for a
dangerous drug may be prepared by the practitioner or the practitioner?s agent.
The practitioner?s signature must appear on each prescription prepared by the
practitioner or the practitioner?s agent and the nature of the practitioner?s
signature must meet the guidelines set forth in Chapter 4 of Title 26, the
regulations promulgated by the State Board of Pharmacy, or both such guidelines
and regulations. Any practitioner who shall dispense dangerous drugs shall
comply with the provisions of Code Section 16-13-73.
(b) Any practitioner of the healing arts who fails to
comply with subsection (a) of this Code section shall be guilty of a
misdemeanor.
16-13-75.
[
Index ]
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 practitioner of
the healing arts and are labeled according to Code Section 26-3-8.
16-13-76. [
Index ]
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.
16-13-77.
[
Index ]
Nothing in this article shall be construed to prohibit
the administration of dangerous drugs by or under the direction of a
practitioner of the healing arts.
16-13-78.
[
Index ]
(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
material fact; or
(4) The use of a false name or the
giving of a false address.
(b) Any person violating
subsection (a) of this Code section shall be guilty of a misdemeanor.
(c) Nothing in this Code section shall apply to drug
manufacturers or their agents or employees when such manufacturers or their
agents or employees are authorized to engage in and are actually engaged in
investigative activities directed toward the safeguarding of the
manufacturer´s trademark.
16-13-78.1.
[
Index ]
(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 ordering such dangerous drug for a legitimate medical purpose.
(b) Any person violating subsection (a) of this Code
section shall be guilty of a misdemeanor.
16-13-78.2. [
Index ]
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 guilty of a misdemeanor.
16-13-79. [
Index ]
(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
treatment prescribed by the order of a licensed medical practitioner, except as
provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall
be guilty of a felony and upon conviction thereof shall be punished by
imprisonment for not less than one year nor more than three years or by a fine
not to exceed $5,000.00 or both.
(c) Any person who
distributes or possesses with the intent to distribute to any person under 18
years of age nitrous oxide for any use other than for a medical treatment
prescribed by the order of a licensed medical practitioner, except as provided
for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be
guilty of a felony and upon conviction thereof shall be punished for not less
than two years nor more than six years or by a fine not to exceed $10,000.00 or
both.
16-13-90. [
Index ]
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, ethyl alcohol, ethylene
dichloride, isopropyl acetate, isopropyl alcohol, isopropyl ether, methyl
acetate, methyl alcohol, propylene dichloride, propylene oxide,
trichlorethylene, amyl acetate, amyl alcohol, butyl acetate, butyl alcohol,
butyl ether, diethylcarbonate, diethylene oxide (dioxane), dipropyl ketone,
ethyl butyrate, ethylene glycol monoethyl ether (cellosolve), ethylene glycol
monomethyl ether acetate (methyl cellosolve acetate), isobutyl alcohol, methyl
amyl acetate, methyl amyl alcohol, methyl isobutyl ketone, or toluene.
16-13-91. [
Index ]
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 the inhalation of any anesthesia for medical or
dental purposes.
16-13-92.
[
Index ]
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.
16-13-93. [
Index ]
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 in his possession and exhibits to the seller or
transferor the written consent of his parent or legal guardian to make such
purchase or take possession of the model glue, provided any minor who shall
transfer possession of model glue to another minor for model building or other
lawful purpose shall not be held criminally liable for failing to require
exhibition of the written consent of the transferee-minor´s parents or for
failing to keep same available for inspection by law enforcement officials.
16-13-94. [
Index ]
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 section shall be kept available by the seller for
inspection by law enforcement officials for a period of six months.
16-13-95. [
Index ]
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 governing authority of any county or municipality from
enacting ordinances or regulations governing the regulation of model glue not
inconsistent with this article.
16-13-96.
[
Index ]
Any person who violates this article shall be guilty
of a misdemeanor. Each violation of this article shall be deemed a separate and
distinct offense.
16-13-110.
[
Index ]
(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 in a court of competent jurisdiction, or the acceptance of a plea of
guilty or nolo contendere or affording of first offender treatment by a court of
competent jurisdiction.
(3) 'Licensed individual'
means any individual to whom any department, agency, board, bureau, or other
entity of state government has issued any license, permit, registration,
certification, or other authorization to conduct a licensed occupation.
(4) 'Licensed occupation' means any occupation,
profession, business, trade, or other commercial activity which requires for its
lawful conduct the issuance to an individual of any license, permit,
registration, certification, or other authorization by any department, agency,
board, bureau, or other entity of state government.
(5) 'Licensing authority' means any department,
agency, board, bureau, or other entity of state government which issues to
individuals any license, permit, registration, certification, or other
authorization to conduct a licensed occupation.
(6)
'Marijuana' means any substance included in the definition of the term
'marijuana' in paragraph (16) of Code Section 16-13-21.
(b) Without limiting the generality of the provisions
of subsection (a) of this Code section, the practice of law shall constitute a
licensed occupation for purposes of this article and the Supreme Court of
Georgia shall be the licensing authority for the practice of law.
16-13-111. [
Index ]
(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 licensing authority of the conviction
within ten days following the conviction.
(b) Upon
being notified of a conviction of a licensed individual, the appropriate
licensing authority shall suspend or revoke the license, permit, registration,
certification, or other authorization to conduct a licensed occupation of such
individual as follows:
(1) Upon the first conviction,
the licensed individual shall have his or her license, permit, registration,
certification, or other authorization to conduct a licensed occupation suspended
for a period of not less than three months; provided, however, that in the case
of a first conviction for a misdemeanor the licensing authority shall be
authorized to impose a lesser sanction or no sanction upon the licensed
individual; and
(2) Upon the second or subsequent
conviction, the licensed individual shall have his or her license, permit,
registration, certification, or other authorization to conduct a licensed
occupation revoked.
(c) The failure of a licensed
individual to notify the appropriate licensing authority of a conviction as
required in subsection (a) of this Code section shall be considered grounds for
revocation of his or her license, permit, registration, certification, or other
authorization to conduct a licensed occupation.
(d) A
licensed individual sanctioned under subsection (b) or (c) of this Code section
may be entitled to reinstatement of his or her license, permit, registration,
certification, or other authorization to conduct a licensed occupation upon
successful completion of a drug abuse treatment and education program approved
by the licensing authority.
(e) The suspension and
revocation sanctions prescribed in this Code section are intended as minimum
sanctions, and nothing in this Code section shall be construed to prohibit any
licensing authority from establishing and implementing additional or more
stringent sanctions for criminal offenses and other conduct involving the
unlawful manufacture, distribution, trafficking, sale, or possession of a
controlled substance or marijuana.
16-13-112.
[
Index ]
Administrative procedures for the implementation of
this article for each licensed occupation shall be governed by the appropriate
provisions applicable to each licensing authority.
16-13-113. [
Index ]
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.
16-13-114.
[
Index ]
This article 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 licensing authority from implementing
sanctions additional to or other than those provided for in this article with
respect to offenses committed prior to July 1, 1990.
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