O.C.G.A.

O.C.G.A. § 16-13-24 (2019)

Establishment of schedules of 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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(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

(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

(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.

History

Code 1933, § 79A-805, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1982, p. 3, § 16.

Annotations

Cross references. Authority of Georgia Drugs and Narcotics Agency to compile list of known dangerous drugs or devices, § 26-4-29.

JUDICIAL DECISIONS Constitutionality. - Former Code 1933, § 79A-805 (see now O.C.G.A. § 16-13-25) 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 provisions deal with separation of powers and delegation of legislative power respectively. Harmon v. State, 235 Ga. 329, 219 S.E.2d 441, 1975 Ga. LEXIS 869 (1975).

RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Drugs and Controlled Substances, § 10.

C.J.S. 28 C.J.S., Drugs and Narcotics, §§ 211, 212, 219.

U.L.A. Uniform Controlled Substances Act (U.L.A.) §§ 203, 205, 207, 209, 211.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2001–2021 · leading case: In the Interest of K. W., 631 S.E.2d 110 (Ga. Ct. App. 2006).

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In the Interest of K. W., 631 S.E.2d 110 (Ga. Ct. App. 2006). · cites it 2× “See OCGA§§ 16-13-24 (b) (2) (defining “Schedule II” controlled substances); 16-13-26 (3) (B) (listing methamphetamine as Schedule II controlled substance).”

Papadoupalos v. State, 548 S.E.2d 59 (Ga. Ct. App. 2001). · cites it 2× “OCGA § 16-13-30 (d) provides that any defendant who manufactures, delivers, distributes, dispenses, administers, sells, or possesses with intent to distribute any controlled substance in Schedule I or Schedule II of OCGA § 16-13-24 (b) shall be guilty of a felony and, if…”

In Re Kw, 631 S.E.2d 110 (Ga. Ct. App. 2006). · cites it 2× “[5] See OCGA §§ 16-13-24(b)(2) (defining "Schedule II" controlled substances); 16-13-26(3)(B) (listing methamphetamine as Schedule II controlled substance).”

Kenneth Jerome Roundtree v. State (Ga. Ct. App. 2021). · cites it 2× “10 Compare OCGA § 16-13-24 (a) (“There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, and V.”

— 16-13-24(b)(2) — 1 case

In Re Kw, 631 S.E.2d 110 (Ga. Ct. App. 2006). “[5] See OCGA §§ 16-13-24(b)(2) (defining "Schedule II" controlled substances); 16-13-26(3)(B) (listing methamphetamine as Schedule II controlled substance).”

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