reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 10 - [CONSUMABLE HEMP PRODUCT] (§§ 16-12-240 — 16-12-243) › Section 16-12-241 - [Effective 10/1/2024] [Unlawful sale, purchase, or possession of consumable hemp product to individual under age of 21 years]

(a)
It shall be unlawful for any person to knowingly sell, furnish, or cause to be furnished, directly or through another person, any consumable hemp product to any individual under the age of 21 years.
(b)
It shall be unlawful for any individual under the age of 21 years to knowingly:
(1)
Purchase, attempt to purchase, or possess any consumable hemp product; or
(2)
Misrepresent his or her identity or age or use any false identification for the purpose of obtaining, or attempting to obtain, any consumable hemp product.
(c)
(1)
The prohibition contained in subsection (a) of this Code section shall not apply with respect to the sale of any consumable hemp product by a person when such person has been furnished with proper identification showing that the individual to whom the consumable hemp product is to be sold or furnished is 21 years of age or older.
(2)
In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the individual to whom any consumable hemp product is to be sold or furnished is 21 years of age or older, it shall be the duty of the person selling or furnishing such consumable hemp product to request to see and to be furnished with proper identification in order to verify the age of such individual. The failure to make such request and verification in any case where the individual to whom any consumable hemp product is sold or furnished is under the age of 21 years may be considered by the trier of fact in determining whether the person who sold or furnished such consumable hemp product did so knowingly.
(d)
Nothing contained in this Code section shall be construed to prohibit any individual under the age of 21 years from dispensing, serving, selling, or handling any consumable hemp product as part of employment in any place of business that requires such individual to dispense, serve, sell, or handle consumable hemp products.
(e)
Any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that, upon the first conviction of a violation of subsection (b) of this Code section, such person shall be punished by a fine not to exceed $500.00 and the court shall, pursuant to paragraph (3) of subsection (d) of Code Section
17-10-1
, allow such person to satisfy such fine through community service as set forth in Article 3 of Chapter 3 of Title 42.
Added by 2024 Ga. Laws 498,§ 18, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 10 - [CONSUMABLE HEMP PRODUCT] (§§ 16-12-240 — 16-12-243) › Section 16-12-242 - [Effective 10/1/2024] [Posting of sign]

(a)
Any person owning or operating a place of business in which any consumable hemp product is offered for sale shall post in a conspicuous place a sign which shall contain the following statement printed in all capital letters of at least one-half inch in height:
"SALE OF CONSUMABLE HEMP PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW."
(b)
Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor.
Added by 2024 Ga. Laws 498,§ 18, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS (§§ 16-12-1 — 16-12-243) › Article 10 - [CONSUMABLE HEMP PRODUCT] (§§ 16-12-240 — 16-12-243) › Section 16-12-243 - [Effective 10/1/2024] [Inspections]

The Commissioner of Agriculture, acting through special agents or enforcement officers, and other law enforcement agencies may conduct random, unannounced inspections at locations where consumable hemp products are sold or distributed to ensure compliance with this article. Individuals under the age of 21 years may be enlisted to test compliance with this article; provided, however, that such individuals may be used to test compliance with this article only if the testing is conducted under the direct supervision of such special agents or enforcement officers of the Department of Agriculture or a peace officer and if written parental consent for such individuals has been provided. Any other use of individuals under the age of 21 years to test compliance with this article or any other similar provisions shall be unlawful, and the person or persons responsible for such use shall be subject to the penalties prescribed in this article.
Added by 2024 Ga. Laws 498,§ 18, eff. 10/1/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 1 - GENERAL PROVISIONS (§§ 16-13-1 — 16-13-5) › Section 16-13-3 - Penalty for abandonment of dangerous drugs, poisons, or controlled substances

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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 1 - GENERAL PROVISIONS (§§ 16-13-1 — 16-13-5) › Section 16-13-4 - Approval by Food and Drug Administration as prerequisite to sale of controlled substances and dangerous drugs

(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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-20 - Short title

This article shall be known and may be cited as the "Georgia Controlled Substances Act."
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 designated.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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, 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
Ayerst Labs, Inc.
with Methyltestosterone
New York, NY
Premarin 0.625mg with
Ayerst Labs,
Methyltestosterone
Inc. New York, NY
TEST-ESTRO Cypionates
Rugby Labs
Rockville Centre, NY
Testosterone Cyp 50
I.D.E. Interstate
Estradiol Cyp 2
Amityville, NY
Testosterone Cypionate-Estradiol
Best Generics
Cypionate Injection
N. Miami Beach, FL
Testosterone Cypionate-Estradiol
Schein Pharm
Cypionate Injection
Port Washington, NY
Testosterone Cypionate-Estradiol
Steris Labs, Inc.
Cypionate Injection
Phoenix, AZ
Testosterone Cypionate-Estradiol
Schein Pharm
Valerate Injection
Port Washington, NY
Testosterone Enanthate-Estradiol
Steris Labs, Inc
Valerate Injection
.Phoenix, AZ
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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;
(1.25)
Cenobamate, including its salts;
(1.5)
Ganaxolone;
(2)
Lacosamide;
(3)
Pregabalin;
(4)
Pyrovalerone;
(5)
Pseudoephedrine as an exempt over-the-counter Schedule V controlled substance distributed in the same manner as set forth in Code Section
16-13-29.2
; provided, however, that such exemption shall take effect immediately and shall not require rule making by the State Board of Pharmacy; provided, further, that wholesale drug distributors located within this state and licensed by the State Board of Pharmacy and which are registered and regulated by the DEA shall not be subject to any board requirements for controlled substances for the storage, reporting, record keeping, or physical security of drug products containing pseudoephedrine which are more stringent than those included in DEA regulations;
(6)
Ezogabine;
(7)
Brivaracetam; or
(8)
Lasmiditan, including its salts, isomers, and salts of isomers.
Amended by 2023 Ga. Laws 66,§ 4, eff. 5/1/2023.
Amended by 2021 Ga. Laws 141,§ 27, eff. 7/1/2021.
Amended by 2021 Ga. Laws 191,§ 7, eff. 5/4/2021.
Amended by 2020 Ga. Laws 521,§ 16, eff. 7/29/2020.
Amended by 2019 Ga. Laws 267,§ 3, eff. 5/7/2019.
Amended by 2017 Ga. Laws 17,§ 8, eff. 4/17/2017.
Amended by 2015 Ga. Laws 9,§ 16, eff. 3/13/2015.
Amended by 2012 Ga. Laws 434,§ 4, eff. 3/27/2012.
Amended by 2011 Ga. Laws 228,§ 6, eff. 5/13/2011.
Amended by 2010 Ga. Laws 619,§ 4, eff. 6/4/2010.
Amended by 2007 Ga. Laws 331,§ 2, eff. 5/29/2007.
Amended by 2003 Ga. Laws 80, § 5, eff. 5/29/2003.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
Added by 2003 Ga. Laws 80, § 6, eff. 5/29/2003.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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 and any proceeds are declared to be contraband and no person shall have a property right in them and shall be forfeited according to the procedure set forth in Chapter 16 of Title 9. As used in this subsection, the term "proceeds" shall have the same meaning as set forth in Code Section
9-16-2
.
Amended by 2015 Ga. Laws 98,§ 2-17, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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)
Use such substance in the manufacture of a Schedule I or Schedule II controlled substance; or
(2)
Knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance.
(b)
In determining whether a particular substance is possessed with the intent required to violate subsection (a) of this Code section, the court or other authority making such a determination may, in addition to all other logically relevant factors, consider the following:
(1)
Statements by the owner or anyone in control of the substance concerning its use;
(2)
Prior convictions, if any, of the owner or of anyone in control of the substance for violation of any state or federal law relating to the sale or manufacture of controlled substances;
(3)
Instructions or descriptive materials of any kind accompanying the substance or found in the owner's or controlling person's possession concerning, explaining, or depicting its use;
(4)
The manner in which the substance is displayed or offered for sale;
(5)
The quantity and location of the substance considered in relation to the existence and scope of legitimate uses for the substance in the community; and
(6)
Expert testimony concerning the substance's use.
(c)
This Code section shall not apply where possession was by a person authorized by law to dispense, prescribe, manufacture, or possess the substance in question.
(d)
A person who violates 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 15 years or by a fine not to exceed $100,000.00, or both.
Amended by 2006 Ga. Laws 453,§ 16, eff. 4/14/2006.
Added by 2005 Ga. Laws 45,§ 3, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-30.7 - [Unlawful acts related to pill press or tableting machine, encapsulating machine, or other controlled substance counterfeiting materials]

(a)
As used in this Code section, the term:
(1)
"Controlled substance" has the same meaning as provided in Code Section
16-13-21
.
(2)
"Controlled substance counterfeiting material" means a punch, die, plate, stone, or other item designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon a drug or container or the labeling thereof so as to render such drug a counterfeit substance.
(3)
"Counterfeit substance" has the same meaning as provided in Code Section
16-13-21
.
(4)
"Encapsulating machine" means manual, semiautomatic, or fully automatic equipment that may be used to fill shells or capsules with powdered or granular solids or semisolid material to produce coherent solid tablets.
(5)
"Pill press" means a mechanical device that compresses powder substances into tablets by running such powder substance through a machine fitted with a die mold that determines the shape and markings on such tablets.
(6)
"Regulated person" means a person or entity described in paragraph (22), (28), (29), (30), (33), or (41) of Code Section
26-4-5
.
(7)
"Tableting machine" means manual, semiautomatic, or fully automatic equipment that may be used to compact or mold powdered or granular solids or semisolid material to produce coherent solid tablets.
(b)
It shall be unlawful for any person other than a regulated person to possess, purchase, deliver, sell, or possess with intent to sell or deliver a pill press or tableting machine, an encapsulating machine, or other controlled substance counterfeiting materials knowing, intending, or having reasonable cause to believe that such items or materials will be used to manufacture a controlled substance or counterfeit substance.
(c)
Except as provided in subsection (b) of this Code section, a person who violates 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.
Added by 2024 Ga. Laws 504,§ 3, eff. 4/30/2024.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, 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.
(c)
This Code section shall not apply to hypodermic needles or syringes.
Amended by 2022 Ga. Laws 845,§ 6, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 of controlled substances within this state.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 federal law respecting order forms shall be deemed compliance with this Code section.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 otherwise authorized by law.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 by jury for an alleged violation of an injunction or restraining order under this Code section.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 16-13-48.1 - [Repealed] Funds or property transferred to state or local agencies under federal drug laws

Repealed by 2015 Ga. Laws 98,§ 2-21, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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. 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.
2023 CODE OF GEORGIA › Title 16 - CRIMES AND OFFENSES (§§ 16-1-1 — 16-17-10) › Chapter 13 - CONTROLLED SUBSTANCES (§§ 16-13-1 — 16-13-122) › Article 2 - REGULATION OF CONTROLLED SUBSTANCES (§§ 16-13-20 — 16-13-65) › Part 1 - SCHEDULES, OFFENSES, AND PENALITIES (§§ 16-13-20 — 16-13-56.1) › Section 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 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.