GA Code § 16-13-28 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 13 - Controlled Substances|Article 2 - Regulation of Controlled Substances|Part 1 - Schedules, Offenses, and Penalties|§ 16-13-28. Schedule Iv

  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:   Alfaxalone;  (1.5) Armodafinil;    Barbital;  (2.05) Brexanolone;   (2.1) Bromazepam;   (2.15) Butorphanol;   (2.25) Carisoprodol;   (2.3) Cathine;    Chloral betaine;   Chloral hydrate;   Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens);  (5.1) Clobazam;    Reserved;   Clotiazepam;   Reserved;  (8.1) Deschloroetizolam;   (8.5) Dexfenfluramine;    Reserved;   Reserved;   Diethylpropion;  (11.05) Difenoxin;   (11.5) Eluxadoline;    Ethchlorvynol;   Ethinamate;  (13.15) Etizolam;   (13.2) Fencamfamin;    Fenfluramine;  (14.2) Fenproporex;    Fospropofol;   Indiplon;  (16.5) Lemborexant;    Lorcaserin;   Mazindol;   Mebutamate;  (19.2) Mefenorex;    Meprobamate;   Methohexital;   Methylphenobarbital;  (22.1) Modafinil;    Reserved;   Paraldehyde;   Pemoline;   Pentazocine;   Petrichloral;   Phenobarbital;   Phentermine;  (29.1) Pipradrol;    Propofol;  (30.05) Propoxyphene (including all salts and optical isomers);   (30.07) Pyrazolam;   (30.1) Quazepam;   (30.15) Remimazolam;   (30.2) Sibutramine;   (30.25) Solriamfetol, including its salts, isomers, and salts of isomers;   (30.3) SPA (-)-1-dimethylamino-1, 2-diphenylethane;   (30.5) Suvorexant;    Reserved;  (31.5) Tramadol[2-((dimethylamino)methyl)-1-(3-methoxy-phenyl) cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers];    Zaleplon;   Zolpidem;   Zopiclone (including its salts, isomers, and salts of isomers).     The controlled substances in the benzodiazepine structural class include any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from 1,4-benzodiazepine by substitution at the 5-position with a phenyl ring system (which may itself be further substituted), whether or not the compound is further modified in any of the following ways:   By substitution at the 2-position with a ketone or a thione;   By substitution at the 3-position with a hydroxyl group or ester group, which itself may be further substituted;   By a fused triazole ring at the 1,2- position, which itself may be further substituted;   By a fused imidazole ring at the 1,2- position, which itself may be further substituted;   By a fused oxazolidine ring at the 4,5- position, which itself may be further substituted;   By a fused oxazine ring at the 4,5- position, which itself may be further substituted;   By substitution at the 7-position with a nitro group;   By substitution at the 7-position with a halogen group; or   By substitution at the 1-position with an alkyl group, which itself may be further substituted.     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) or (b) 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.    (Code 1933, § 79A-809, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1977, p. 1287, § 1; Ga. L. 1979, p. 859, § 8; Ga. L. 1980, p. 1746, § 7; Ga. L. 1981, p. 557, § 4; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 2403, §§ 14, 19; Ga. L. 1984, p. 22, § 16; Ga. L. 1985, p. 1219, § 4; Ga. L. 1986, p. 10, § 16; Ga. L. 1986, p. 1555, § 4; Ga. L. 1987, p. 261, § 5; Ga. L. 1989, p. 233, § 4; Ga. L. 1990, p. 8, § 16; Ga. L. 1993, p. 590, § 2; Ga. L. 1994, p. 169, § 5; Ga. L. 1996, p. 1023, § 1; Ga. L. 1997, p. 1311, § 3; Ga. L. 1998, p. 778, § 2; Ga. L. 1999, p. 643, § 1; Ga. L. 2000, p. 1317, § 3; Ga. L. 2003, p. 349, § 4; Ga. L. 2006, p. 219, § 2/HB 1054; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 169, § 5/HB 1090; Ga. L. 2009, p. 126, §§ 3, 4/HB 368; Ga. L. 2010, p. 860, § 3/SB 353; Ga. L. 2011, p. 656, § 5/SB 93; Ga. L. 2014, p. 217, § 5/HB 835; Ga. L. 2015, p. 883, § 4/HB 211; Ga. L. 2016, p. 798, § 4/HB 783; Ga. L. 2017, p. 14, § 7/HB 231; Ga. L. 2019, p. 820, § 2/HB 483; Ga. L. 2020, p. 16, § 1/HB 759; Ga. L. 2021, p. 386, § 6/HB 367.)    The 2016 amendment,  effective May 3, 2016, in subsection (a), deleted paragraph (a)(0.5), which read: "Alfaxalone;", substituted "Alfaxalone" for "Alprazolam" in paragraph (a)(1), deleted paragraph (a)(2.2), which read: "Camazepam;", substituted "Reserved" for "Clonazepam" in paragraph (a)(6), deleted paragraph (a)(7), which read: "Clorazepate;", redesignated former paragraph (a)(7.1) as present paragraph (a)(7), deleted paragraph (a)(7.2), which read: "Cloxazolam;", deleted paragraph (a)(7.3), which read: "Delorazepam;", substituted "Reserved" for "Desmethyldiazepam" in paragraph (a)(8), substituted "Reserved" for "Diazepam" in paragraph (a)(10), deleted paragraph (a)(11.1), which read: "Estazolam;", added paragraph (a)(11.5), deleted paragraph (a)(13.1), which read: "Ethyl loflazepate", deleted paragraph (a)(14.1), which read: "Flunitrazepam;", deleted paragraph (a)(15), which read: "Flurazepam;", redesignated former paragraph (a)(15.3) as present paragraph (a)(15), deleted paragraph (a)(16), which read: "Halazepam;", deleted paragraph (a)(16.1), which read: "Haloxazolam;", redesignated former paragraph (a)(16.15) as present paragraph (a)(16), deleted paragraph (a)(16.2), which read: "Ketazolam;", deleted paragraph (a)(16.3), which read: "Lometazepam;", deleted paragraph (a)(16.4), which read: "Loprazolam;", deleted paragraph (a)(17), which read: "Lorazepam;", redesignated former paragraph (a)(17.5) as present paragraph (a)(17), deleted paragraph (a)(19.1), which read: "Medazepam;", deleted paragraph (a)(22.1), which read: "Midazolam;", redesignated former paragraph (a)(22.15) as present paragraph (a)(22.1), deleted paragraph (a)(22.2), which read: "Nimetazepam;", deleted paragraph (a)(22.3), which read: "Nitrazepam;", deleted paragraph (a)(22.4), which read: "Nordiazepam;", substituted "Reserved" for "Oxazepam" in paragraph (a)(23), deleted paragraph (a)(23.1), which read: "Oxazolam;", deleted paragraph (a)(27.5), which read: "Phenazepam;", deleted paragraph (a)(30), which read: "Prazepam;", redesignated former paragraph (a)(30.03) as present paragraph (a)(30), added paragraph (a)(30.07), substituted "Reserved" for "Temazepam" in paragraph (a)(31), deleted paragraph (a)(32), which read: "Triazolam;", and redesignated former paragraph (a)(32.5) as present paragraph (a)(32); added subsection (b); redesignated former subsection (b) as present subsection (c), and, in subsection (c), inserted "or (b)" near the middle.    The 2017 amendment,  effective April 17, 2017, added "or a thione" at the end of paragraph (b)(1).    The 2019 amendment,  effective May 7, 2019, added "(including its salts, isomers, and salts of isomers)" at the end of paragraph (a)(34).    The 2020 amendment,  effective June 29, 2020, added paragraph (a)(30.25).    The 2021 amendment,  effective May 4, 2021, in subsection (a), added paragraphs (a)(2.05), (a)(8.1), (a)(16.5), and (a)(30.15).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1998, the new paragraph added in 1998 was redesignated as paragraph (a)(30.2), and former paragraph (a)(30.2) was redesignated as paragraph (a)(30.3).   Administrative Rules and Regulations.   - Registration requirements under the Georgia Controlled Substances Act, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-20. Requirements of a prescription drug order, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-22.   JUDICIAL DECISIONS   Constitutionality.    - Former Code 1933, § 79A-809 (see now O.C.G.A. § 16-13-28) was not unconstitutional as violative of Ga. Const. 1976, Art. I, Sec. II, Para. IV, and Art. III, Sec. I, Para. I (see now Ga. Const. 1983, Art. I, Sec. II, Para. III, and Art. III, Sec. I, Para. I), which sections deal with separation of powers and delegations of legislative power respectively. Harmon v. State, 235 Ga. 329, 219 S.E.2d 441 (1975).   Identification of drug.    - Mere proof of a trade name of a controlled substance is insufficient evidence to sustain a conviction under the Controlled Substances Act, O.C.G.A. § 16-13-20 et seq.; however, circumstantial evidence was sufficient to authorize the jury's determination that Darvocet N-100 tablets defendant fraudulently obtained were the controlled substance dextropropoxyphene as alleged in the indictment. Hulsey v. State, 220 Ga. App. 64, 467 S.E.2d 610 (1996).    Defendant was improperly convicted of violating the Georgia's Controlled Substances Act, O.C.G.A. § 16-13-20 et seq., by distributing a Schedule IV drug, Zolpidem, which was commonly known as Ambien, O.C.G.A. §§ 16-13-28(a)(33) and16-13-30(b), because the state failed to prove that the drug Ambien was regulated by law, and the trade name of a statutorily designated controlled substance was not the proper subject of judicial notice; while the state presented evidence that the defendant admitted to distributing Ambien and produced testimony that "Ambien" was a Schedule IV controlled substance, the state was required to identify "Ambien" as a trade name for Zolpidem through admissible evidence. DeLong v. State, 310 Ga. App. 518, 714 S.E.2d 98 (2011).    Cited in Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981); Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981); Castillo v. State, 166 Ga. App. 817, 305 S.E.2d 629 (1983); Davis v. State, 232 Ga. App. 882, 502 S.E.2d 779 (1998); Williams v. State, 279 Ga. App. 83, 630 S.E.2d 601 (2006); Noellien v. State, 298 Ga. App. 47, 679 S.E.2d 75 (2009); Torres v. State, 298 Ga. App. 158, 679 S.E.2d 757 (2009); Syms v. State, 331 Ga. App. 225, 770 S.E.2d 305 (2015).   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Drugs and Controlled Substances, § 10.   C.J.S.   - 28 C.J.S., Drugs and Narcotics, §§ 69, 70, 211, 212, 219.   U.L.A.   - Uniform Controlled Substances Act (U.L.A.) § 210.