O.C.G.A.

O.C.G.A. § 16-13-23 (2019)

Nomenclature for controlled substances

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

Code 1933, § 79A-804, enacted by Ga. L. 1974, p. 221, § 1.

Annotations

JUDICIAL DECISIONS Trade name must be linked to its scheduled equivalent before former Code 1933, § 79A-804 (see now O.C.G.A. § 16-13-23) was operative. Elrod v. State,

143 Ga. App. 331, 238 S.E.2d 291, 1977 Ga. App. LEXIS 2309 (1977). State failed to prove drug regulated by law. - 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) and 16-13-30(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 Ga. App. LEXIS 605 (2011).

RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Drugs and Controlled Substances, § 10. C.J.S. 28 C.J.S., Drugs and Narcotics, § 219 et seq.

U.L.A. Uniform Controlled Substances Act (U.L.A.) § 202. ALR. Harrison Narcotic Act, 13 A.L.R. 858; 39 A.L.R. 236.

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: DELONG v. State, 714 S.E.2d 98 (Ga. Ct. App. 2011).

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DELONG v. State, 714 S.E.2d 98 (Ga. Ct. App. 2011). · cites it 2× “14 OCGA § 16-13-23. 15 OCGA § 16-13-28 (a) (33).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.