TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 2 REGULATION OF CONTROLLED SUBSTANCES

16-13-24. Establishment of schedules of controlled substances.

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.
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:
  1. The drug or other substance has a high potential for abuse;
  2. The drug or other substance has no currently accepted medical use in treatment in the United States; and
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.
2. Schedule II:
  1. The drug or other substance has a high potential for abuse;
  2. 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. Abuse of the drug or other substance may lead to severe psychological or physical dependence.
3. Schedule III:
  1. The drug or other substance has a potential for abuse less than the drugs or other substances in Schedules I and II;
  2. The drug or other substance has a currently accepted medical use in treatment in the United States; and
  3. Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.
4. Schedule IV:
  1. The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule III;
  2. The drug or other substance has a currently accepted medical use in treatment in the United States; and
  3. 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:
  1. The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule IV;
  2. The drug or other substance has a currently accepted medical use in treatment in the United States; and
  3. 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.

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

Cross references.

- Authority of director of Georgia Drugs and Narcotics Agency to compile and distribute pamphlet listing unlawful narcotics and dangerous drugs, § 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).

Cited in Cadle v. State, 136 Ga. App. 232, 221 S.E.2d 59 (1975); Aycock v. State, 146 Ga. App. 489, 246 S.E.2d 489 (1978); Wood v. State, 156 Ga. App. 810, 275 S.E.2d 694 (1980); Hicks v. Georgia State Bd. of Pharmacy, 553 F. Supp. 314 (N.D. Ga. 1982).

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.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.