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.

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).

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) 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).

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.

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2018 Georgia Code 16-13-23 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 13. Controlled Substances, 16-13-1 through 16-13-114.

ARTICLE 2 REGULATION OF CONTROLLED SUBSTANCES