- § 16-13-20 - Short Title
This article shall be known and may be cited as the "Georgia Controlled Substances Act."
- § 16-13-21 - Definitions
As used in this article, the term: (0.5) "Addiction" means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development...
- § 16-13-22 - Administration of Article; Standards and Schedules
(a) The State Board of Pharmacy shall administer this article and shall add substances to or reschedule all substances enumerated in the schedules in...
- § 16-13-23 - Nomenclature for Controlled Substances
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
- § 16-13-24 - Establishment of Schedules of Controlled Substances
(a) There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V. The schedules shall consist...
- § 16-13-25 - Schedule I
The controlled substances listed in this Code section are included in Schedule I: (1) Any of the following opiates, including their isomers, esters, ethers,...
- § 16-13-26 - Schedule II
The controlled substances listed in this Code section are included in Schedule II: (1) Any of the following substances, or salts thereof, except those...
- § 16-13-27 - Schedule III
The controlled substances listed in this Code section are included in Schedule III: (1) Unless specifically excepted or unless listed in another schedule, any...
- § 16-13-27.1 - Exempt Anabolic Steroids
The following anabolic steroid containing compounds, mixtures, or preparations have been exempted as Schedule III Controlled Substances by the United States Drug Enforcement Administration,...
- § 16-13-28 - Schedule IV
(a) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any...
- § 16-13-29 - Schedule V
The controlled substances listed in this Code section are included in Schedule V: (1) Any compound, mixture, or preparation containing limited quantities of any...
- § 16-13-29.1 - Nonnarcotic Substances Excluded From Schedules of Controlled Substances
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...
- § 16-13-29.2 - Authority for Exemption of Over-The-Counter Schedule V Controlled Substances
The State Board of Pharmacy shall have the authority to exempt and control the sale of Schedule V controlled substances by rule which shall...
- § 16-13-30 - Purchase, Possession, Manufacture, Distribution, or Sale of Controlled Substances or Marijuana; Penalties
(a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his or her control any...
- § 16-13-30.1 - Unlawful Manufacture, Delivery, Distribution, Possession, or Sale of Noncontrolled Substances; Civil Forfeiture
(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...
- § 16-13-30.2 - Unlawful Manufacture, Distribution, or Possession With Intent to Distribute of Imitation Controlled Substances; Civil Forfeiture
(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...
- § 16-13-30.3 - Possession of Substances Containing Ephedrine, Pseudoephedrine, and Phenylpropanolamine; Restrictions on Sales of Products Containing Pseudoephedrine
(a) As used in this Code section, the term: (1) "Ephedrine," "pseudoephedrine," or "phenylpropanolamine" means any drug product containing ephedrine, pseudoephedrine, or phenylpropanolamine, or...
- § 16-13-30.4 - Licenses for Sale, Transfer, or Purchase for Resale of Products Containing Pseudoephedrine; Reporting and Record-Keeping Requirements; Grounds for Denial, Suspension, or Revocation of Licenses; Civil Forfeiture; Penalties
(a) As used in this Code section and unless otherwise specified, the term "board" or "board of pharmacy" shall mean the State Board of...
- § 16-13-30.5 - Possession of Substances With Intent to Use or Convey Such Substances for the Manufacture of Schedule I or Schedule II Controlled Substances
(a) It shall be illegal for a person to possess, whether acquired through theft or other means, any substance with the intent to: (1)...
- § 16-13-30.6 - Prohibition on Purchase and Sale of Marijuana Flavored Products
(a) As used in this Code section, the term: (1) "Marijuana flavored product" means any product, including lollipops, gumdrops, or other candy, which is...
- § 16-13-31 - Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine; Penalties
(a) (1) Any person who sells, manufactures, delivers, or brings into this state or who is in possession of 28 grams or more of...
- § 16-13-31.1 - Trafficking in Ecstasy; Sentencing; Variation
(a) Any person who sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3,...
- § 16-13-32 - Transactions in Drug Related Objects; Civil Forfeiture; Penalties
(a) As used in this Code section, the term: (1) "Drug related object" means any instrument, device, or object which is designed or marketed...
- § 16-13-32.1 - Transactions in Drug Related Objects; Evidence As to Whether Object is Drug Related; Civil Forfeiture; Penalties
(a) It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise distribute, or possess with intent to distribute...
- § 16-13-32.2 - Possession and Use of Drug Related Objects
(a) It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind...
- § 16-13-32.3 - Use of Communication Facility in Committing or Facilitating Commission of Act Which Constitutes Felony Under Chapter; Penalty
(a) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the...
- § 16-13-32.4 - Manufacturing, Distributing, Dispensing, or Possessing Controlled Substances In, On, or Near Public or Private Schools
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in,...
- § 16-13-32.5 - Manufacturing, Distributing, Dispensing, or Possessing Controlled Substance, Marijuana, or Counterfeit Substance Near Park or Housing Project; Nonmerger of Offenses; Evidence of Location and Boundaries; Posting; Affirmative Defenses
(a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana or...
- § 16-13-32.6 - Manufacturing, Distributing, Dispensing, or Possessing With Intent to Distribute Controlled Substance or Marijuana In, On, or Within Drug-Free Commercial Zone
(a) It shall be unlawful for any person to illegally manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana...
- § 16-13-33 - Attempt or Conspiracy to Commit Offense Under This Article
Any person who attempts or conspires to commit any offense defined in this article shall be, upon conviction thereof, punished by imprisonment not exceeding...
- § 16-13-34 - Promulgation of Rules Relating to Registration and Control of Controlled Substances; Registration Fees
The State Board of Pharmacy may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing...
- § 16-13-35 - General Registration Requirements
(a) Every person who manufactures, distributes, or dispenses any controlled substances within this state or who proposes to engage in the manufacture, distribution, or...
- § 16-13-36 - Factors Considered in Determining Whether to Register Manufacturer or Distributor
(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...
- § 16-13-37 - Grounds for Suspending or Revoking Registration; Disposition of Controlled Substances; Notification to Bureau
(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...
- § 16-13-38 - Procedure for Denying, Suspending, Revoking, or Limiting Registration; Automatic Suspension
(a) Before denying, suspending, revoking, or limiting registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant...
- § 16-13-39 - Manufacturers, Distributors, and Dispensers to Maintain Records of Controlled Substances
Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep a complete and accurate record of all controlled substances on...
- § 16-13-40 - Distribution of Schedule I and II Substances
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with...
- § 16-13-41 - Prescriptions
(a) Except when dispensed directly by a registered practitioner, other than a pharmacy or pharmacist, to an ultimate user, no controlled substance in Schedule...
- § 16-13-42 - Unauthorized Distribution and Dispensation; Refusal or Failure to Keep Records; Refusal to Permit Inspection; Unlawfully Maintaining Structure or Place; Penalty
(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...
- § 16-13-43 - Unauthorized Distribution; Penalties
(a) It is unlawful for any person: (1) Who is a registrant to distribute a controlled substance classified in Schedule I or II, except...
- § 16-13-44 - Penalties Under Other Laws
Any penalty imposed for violation of this article is in addition to, and not in lieu of, any civil or administrative penalty or sanction...
- § 16-13-45 - Powers of Enforcement Personnel
Any officer or employee of the State Board of Pharmacy designated by the director of the Georgia Drugs and Narcotics Agency may: (1) Carry...
- § 16-13-46 - Administrative Inspections and Warrants
(a) Issuance and execution of inspection warrants shall be as follows: (1) A judge of the superior, state, city, or magistrate court, or any...
- § 16-13-47 - Injunctions
(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...
- § 16-13-48 - Cooperative Arrangements With Federal and Other State Agencies
(a) The State Board of Pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and...
- § 16-13-48.1 - Funds or Property Transferred to State or Local Agencies Under Federal Drug Laws
Repealed by Ga. L. 2015, p. 693, § 2-21/HB 233, effective July 1, 2015.
- § 16-13-49 - Declared Items of Contraband; Forfeiture
(a) As used in this Code section, the term: (1) "Controlled substance" shall have the same meaning as set forth in Code Section 16-13-21...
- § 16-13-50 - Burden of Proof; Liability of Enforcement Officers in Lawful Performance of Duties
(a) It is not necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other...
- § 16-13-51 - Judicial Review of Administrative Determinations, Findings, and Conclusions
All final determinations, findings, and conclusions of the State Board of Pharmacy under this article are final and conclusive decisions of the matters involved....
- § 16-13-52 - Programs and Research on Prevention of Abuse of Controlled Substances; Confidentiality of Research; Exemption From Penalties
(a) The State Board of Pharmacy and the Georgia Drugs and Narcotics Agency shall carry out programs designed to prevent and deter misuse and...
- § 16-13-53 - Pending Proceedings
Reserved. Repealed by Ga. L. 2015, p. 693, § 2-23/HB 233, effective July 1, 2015.
- § 16-13-54 - Orders and Rules Promulgated Prior to July 1, 1974
Any orders and rules promulgated under any law affected by this article and in effect on July 1, 1974, and not in conflict with...
- § 16-13-54.1 - Weight or Quantity of Controlled Substance or Marijuana Not Essential Element of Offense
When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant's knowledge of such weight or quantity...
- § 16-13-55 - Construction of Article
This article shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject...
- § 16-13-56 - Penalty for Violation of Article; Restitution to the State for Cleanup of Environmental Hazards; Other Remedies
(a) Unless otherwise specified with respect to a particular offense, any person who violates any provision of this article shall be guilty of a...
Last modified: October 14, 2016