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2018 Georgia Code 16-13-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-13-25 Case Law from Google Scholar Amendments to OCGA 16-13-25

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 2 REGULATION OF CONTROLLED SUBSTANCES

16-13-25. Schedule I.

The controlled substances listed in this Code section are included in Schedule I:

  1. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, pursuant to this article, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
    1. Acetylmethadol;
    2. Allylprodine;
    3. Reserved;
    4. Alphameprodine;
    5. Alphamethadol;
    6. Benzethidine;
    7. Betacetylmethadol;
    8. Betameprodine;
    9. Betamethadol;
    10. Betaprodine;
    11. Clonitazene;
    12. Dextromoramide;
    13. Dextromorphan;
    14. Diampromide;
    15. Diethylthiambutene;
    16. Dimenoxadol;
    17. Dimetheptanol;
    18. Dimethylthiambutene;
    19. Dioxaphetyl butyrate;
    20. Dipipanone;
    21. Ethylmethylthiambutene;
    22. Etonitazene;
    23. Etoxeridene;
    24. Furethidine;
    25. Hydroxypethidine;
    26. Ketobemidone;
    27. Levomoramide;
    28. Levophenacylmorphan;
    29. Morpheridine;
    30. Noracymethadol;
    31. Norlevorphanol;
    32. Normethadone;
    33. Norpipanone;
    34. Phenadoxone;
    35. Phenampromide;
    36. Phenomorphan;
    37. Phenoperidine;
    38. Piritramide;
    39. Proheptazine;
    40. Properidine;
    41. Propiram;
    42. Racemoramide;
    43. Trimeperidine;
    44. 3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide (AH-7921);
    45. 3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide (U-47700);
  2. Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
    1. Acetorphine;
    2. Acetyldihydrocodeine;
    3. Benzylmorphine;
    4. Codeine methylbromide;
    5. Codeine-N-Oxide;
    6. Cyprenorphine;
    7. Desomorphine;
    8. Dihydromorphine;
    9. Etorphine;
    10. Heroin;
    11. Hydromorphinol;
    12. Methyldesorphine;
    13. Methyldihydromorphine;
    14. Morphine methylbromide;
    15. Morphine methylsulfonate;
    16. Morphine-N-Oxide;
    17. Myrophine;
    18. Nicocodeine;
    19. Nicomorphine;
    20. Normorphine;
    21. Pholcodine;
    22. Thebacon;
  3. Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
    1. 3, 4-methylenedioxyamphetamine;
    2. 5-methoxy-3, 4-methylenedioxyamphetamine;
    3. 3, 4, 5-trimethoxyamphetamine;
    4. Bufotenine;
    5. Diethyltryptamine;
    6. Dimethyltryptamine;
    7. 4-methyl-2, 5-dimethoxyamphetamine;
    8. Ibogaine;
    9. Lysergic acid diethylamide;
    10. Mescaline;
    11. Peyote;
    12. N-ethyl-3-piperidyl benzilate;
    13. N-methyl-3-piperidyl benzilate;
    14. Psilocybin;
    15. Psilocyn (Psilocin);
    16. Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis;
    17. 2, 5-dimethoxyamphetamine;
    18. 4-bromo-2, 5-dimethoxyamphetamine;
    19. 4-methoxyamphetamine;
    20. Cyanoethylamphetamine;
    21. (1-phenylcyclohexyl) ethylamine;
    22. 1-(1-phenylcyclohexyl) pyrrolidine;
    23. Phencyclidine;
    24. 1-piperidinocyclohexanecarbonitrile;
    25. 1-phenyl-2-propanone (phenylacetone);
    26. 3, 4-Methylenedioxymethamphetamine (MDMA);
    27. 1-methyl-4-phenyl-4-propionoxypiperidine;
    28. 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine;
    29. Reserved;
    30. N-ethyl-3, 4-methylenedioxyamphetamine;
    31. Reserved;
    32. 2,5-Dimethoxy-4-Ethylamphetamine;
    33. Cathinone;
    34. Reserved;
    35. PEPAP (1-(2-phenethyl)-4 phenyl-4-acetoxypiperide);
    36. Reserved;
    37. Reserved;
    38. Reserved;
    39. Reserved;
    40. Reserved;
    41. 3,4-Methylenedioxy-N-Ethylamphetamine;
    42. 4-Methylaminorex;
    43. N-Hydroxy-3,4-Methylenedioxyamphetamine;
    44. Reserved;
    45. Chlorophenylpiperazine (CPP);
    46. N, N-Dimethylamphetamine;
    47. 1-(1-(2-thienyl)cyclohexy)pyrrolidine;
    48. 4-Bromo-2,5-Dimethoxyphenethylamine (DMPE);
    49. Alpha-Ethyltryptamine;
    50. Methcathinone;
    51. Aminorex;
    52. 4-iodo-2,5-dimethoxyamphetamine;
    53. 4-chloro-2,5-dimethoxyamphetamine;
    54. 3,4-Methylenedioxypyrovalerone (MDPV);
    55. 4-Methylmethcathinone (Mephedrone);
    56. 3,4-Methylenedioxymethcathinone (Methylone);
    57. 4-Methoxymethcathinone;
    58. Fluoromethcathinone;
    59. Fluorophenylpiperazine (FPP);
    60. 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
    61. 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
    62. 4-iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]- benzeneethanamine (25I-NBOMe);
    63. 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]- benzeneethanamine (25C-NBOMe);
    64. 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]- benzeneethanamine (25B-NBOMe);
    65. N,N-Diallyl-5-Methoxytryptamine (5-MeO-DALT);
    66. 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E);
    67. 2-(2,5-Dimethoxy-4-nitrophenyl)-N-(2-methoxybenzyl) ethanamine (25N-NBOMe);
    68. 4-acetoxy-N-ethyl-N-methyltryptamine (4-AcO-MET);
    69. 4-nitro-2,5-dimethoxyphenethylamine (2C-N);
    70. 5-methoxy-N,N-methylisopropyltryptamine (5-MeO-MIPT);
    71. Methoxetamine;
    72. N-acetyl-3,4-methylenedioxymethcathinone;
    73. 3-(1,3-benzenodioxol-5-yl)-N,2-dimethylpropan-1-amine (3,4-methylenedioxymethamphetamine methyl homolog);
    74. (2-aminopropyl)-2,3-dihydrobenzofuran (APDB);
    75. 4-methyl-2,5-dimethoxy-N-[(2-methoxyphenyl)
    76. methyl]-benzeneethanamine (25D-NBOMe);
    77. 2-chloro-4,5-methylenedioxymethamphetamine;
    78. 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);
    79. 2-bromo-4,5-methylenedioxymethamphetamine;
    80. 2-(2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25H-NBOMe);
    81. Methoxyphencyclidine (MeO-PCP);
    82. 4-hydroxy-N-methyl-N-isopropyltryptamine (4-OH-MiPT);
    83. N,a-dimethyl-5-benzofuranethanamine (5-MAPB);
    84. 1-(1-benzofuran-6-yl)propan-2-amine (6-APB);
    85. 1-(1-benzofuran-5-yl)-N-ethylpropan-2-amine (5-EAPB);
    86. Fluorophenmetrazine;
  4. Any material, compound, mixture, or preparation which contains any of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
    1. Fenethylline;
    2. Reserved;
    3. Reserved;
    4. Para-methoxyphenylpiperazine (MeOPP);
  5. Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, position, or geometrics), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemical designation:
    1. Gamma hydroxybutyric acid (gamma hydroxy butyrate); provided, however, that this does not include any amount naturally and normally occurring in the human body; and
    2. Sodium oxybate, when the FDA approved form of this drug is not:
      1. In a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8; and
      2. In the possession of:
    3. A registrant permitted to dispense the drug;
    4. Any person other than to whom the drug was prescribed; or
    5. Any person who attempts to or does unlawfully possess, sell, distribute, or give this drug to any other person;
  6. Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes certain of these substances which are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts of their isomers, and salts of these optical isomers, is included in Schedule I;
  7. 2,5-Dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);
  8. 1-(3-Trifluoromethylphenyl) Piperazine (TFMPP);
  9. N-Benzylpiperazine (BZP);
  10. 5-Methoxy-N,N-Diisopropyltryptamine (5-MeO-DIPT);
  11. Alpha-Methyltryptamine (AMT);
  12. Any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation:
    1. Naphthoylindoles;
    2. Naphthylmethylindoles;
    3. Naphthoylpyrroles;
    4. Naphthylideneindenes;
    5. Phenylacetylindoles;
    6. Cyclohexylphenols;
    7. Benzoylindoles;
    8. Tricyclic benzopyrans;
    9. Adamantoylindoles;
    10. Indazole amides;
    11. [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2, 3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone (WIN 55,212-2);
    12. Any compound, unless specifically excepted or listed in this or another schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
      1. By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substitutions, whether or not further substituted in the ring system;
      2. By substitution at the 3-position with an acyclic alkyl substitution or alkoxy substitution; or
      3. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure;
    13. Indole carboxamides;
    14. Indole carboxylates;
    15. [1,1'-biphenyl]-3-yl-carbamic acid, cyclohexyl ester (URB602);
    16. Indazole carboxylates;
    17. [3-(3-carbamoylphenyl)phenyl] N-cyclohexylcarbamate (URB597);
    18. 6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one (URB754);
    19. Indole tetramethylcyclopropanecarbonyls;
    20. Napthoylbenzimidazoles;
    21. 1-naphthalenyl[4-(pentylox)-1-naphthalenyl]-methanone (CB-13);
    22. Naphthoylindazoles;
  13. The fentanyl analog structural class, including any of the following derivatives, their salts, isomers, or salts of isomers, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from fentanyl, and whether or not further modified in any of the following ways:
    1. Substitution anywhere on the phenethyl group with:
      1. Alkyl group;
      2. Hydroxyl group;
      3. Halide group;
    2. Replacement of the phenethyl group with:
      1. Thienyl ethyl group, which can be further substituted with:
    3. Alkyl group;
    4. Hydroxyl group;
    5. Halide group;
      1. Oxotetrazol ethyl group, which can be further substituted with:
    6. Alkyl group;
    7. Hydroxyl group;
    8. Halide group;
      1. Alkyl group;
      2. Thienyl methyl group, which can be further substituted with:
    9. Alkyl group;
    10. Hydroxyl group;
    11. Halide group;
      1. Benzyl group, which can be further substituted with:
    12. Alkyl group;
    13. Hydroxyl group;
    14. Halide group;
      1. Furanyl ethyl group, which can be further substituted with:
    15. Alkyl group;
    16. Hydroxyl group;
    17. Halide group;
      1. Phenyl alkyl group, which can be further substituted with:
    18. Alkyl group;
    19. Hydroxyl group;
    20. Halide group;
      1. Pyridinyl ethyl group, which can be further substituted with:
    21. Alkyl group;
    22. Hydroxyl group;
    23. Halide group;
      1. Diazole ethyl group, which can be further substituted with:
    24. Alkyl group;
    25. Hydroxyl group;
    26. Halide group;
    27. Nitro group;
      1. Thiazole ethyl group, which can be further substituted with:
    28. Alkyl group;
    29. Hydroxyl group;
    30. Halide group;
      1. Benzoxazolinone ethyl group, which can be further substituted with:
    31. Alkyl group;
    32. Hydroxyl group;
    33. Halide group;
    34. Substitution anywhere on the piperidine ring with:
      1. Alkyl group;
      2. Allyl group;
      3. Phenyl group;
      4. Ester group;
      5. Ether group;
      6. Pyridine group, which can be further substituted with:
    35. Alkyl group;
    36. Hydroxyl group;
    37. Halide group;
      1. Thiazole group, which can be further substituted with:
    38. Alkyl group;
    39. Hydroxyl group;
    40. Halide group;
      1. Oxadiazole group, which can be further substituted with:
    41. Alkyl group;
    42. Hydroxyl group;
    43. Halide group;
    44. Ether group;
    45. Substitution anywhere on the propanamide group with:
      1. Cyclic alkyl group;
      2. Acyclic alkyl group:
      3. Methoxy group;
    46. Replacement of the propanamide group with:
      1. Acryloyl amino group;
      2. Acetamide group, which itself can be further substituted with:
    47. Cyclic alkyl group;
    48. Tetrahydrofuran group;
      1. Methoxy acetamide group;
      2. Furanyl amide group;
    49. Substitution anywhere on the phenyl ring with:
      1. Halide group;
      2. Methoxy group;
      3. Alkyl group;
    50. Replacement of the phenyl ring with the pyrazine ring;
  14. The piperidinyl-sulfonamide structural class, including any of the following compounds, derivatives, their salts, isomers, or salts of isomers, halogen analogues, or homologues, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from piperidinyl-sulfonamide, and whether or not further modified in any of the following ways:
    1. By substitution at the 1-position of the piperidinyl ring with any of the following:
      1. Alkyl group;
      2. Phenyl alkyl group;
      3. Amino substituted phenyl alkyl group;
      4. Nitro substituted phenyl alkyl group;
      5. Cycloalkyl group;
      6. Alkenyl substituent group;
    2. By substitution at the 3-position or 4-position of the piperidinyl ring with any of the following:
      1. Halide group;
      2. Alkyl group;
      3. Alkoxy substituent;
    3. By substitution on the sulfonamide with any of the following:
      1. Pyridyl group;
      2. Alkyl group;
      3. Phenyl group;
      4. Phenyl alkyl group;
      5. Alkoxy substituted phenyl group;
      6. Halogen substituted phenyl group;
      7. Nitro substituted phenyl group;
      8. Amino substituted phenyl group;
      9. Alkanoylamino substituted phenyl group;
      10. Amido substituted phenyl group;
  15. The 1-cyclohexyl-4-(1,2-diphenylethyl)-piperazine (MT-45) structural class, including any of the following derivatives, their salts, isomers, or salts of isomers, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from1-cyclohexyl-4-(1,2- diphenylethyl)-piperazine (MT-45), and whether or not further modified in any of the following ways:
    1. Replacement of the cyclohexyl group with any of the following:
      1. Cycloheptyl group;
      2. Cyclooctyl group;
    2. Substitution on the diphenyl groups with any of the following:
      1. Hydroxyl group;
      2. Halide;
      3. Alkoxy group;
      4. Alkyl group;
      5. Ester group;
      6. Phenyl ether group.

(Code 1933, § 79A-806, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 6; Ga. L. 1979, p. 859, § 5; Ga. L. 1980, p. 1746, § 4; Ga. L. 1981, p. 557, § 3; Ga. L. 1982, p. 2403, §§ 11, 16; Ga. L. 1984, p. 22, § 16; Ga. L. 1984, p. 1019, § 1; Ga. L. 1985, p. 1219, § 2; Ga. L. 1986, p. 1555, § 3; Ga. L. 1987, p. 261, § 1; Ga. L. 1989, p. 233, § 1; Ga. L. 1990, p. 8, § 16; Ga. L. 1990, p. 640, § 1; Ga. L. 1992, p. 1131, § 1; Ga. L. 1994, p. 169, §§ 1-3, 3.1; Ga. L. 1996, p. 356, § 1; Ga. L. 2001, p. 816, § 1; Ga. L. 2002, p. 415, § 16; Ga. L. 2003, p. 349, § 2; Ga. L. 2005, p. 1028, § 1/SB 89; Ga. L. 2006, p. 219, § 14/HB 1054; Ga. L. 2008, p. 169, §§ 1, 2/HB 1090; Ga. L. 2010, p. 338, § 1/HB 1309; Ga. L. 2010, p. 860, § 1/SB 353; Ga. L. 2011, p. 656, §§ 1, 2/SB 93; Ga. L. 2012, p. 40, §§ 2, 3/SB 370; Ga. L. 2013, p. 5, § 1/HB 57; Ga. L. 2013, p. 71, §§ 1, 1.1/HB 302; Ga. L. 2013, p. 141, § 16/HB 79; Ga. L. 2014, p. 217, §§ 1-3/HB 835; Ga. L. 2015, p. 883, §§ 1, 2/HB 211; Ga. L. 2016, p. 798, §§ 2, 3/HB 783; Ga. L. 2017, p. 14, §§ 1-4/HB 231; Ga. L. 2017, p. 417, §§ 7-1, 7-2/SB 104; Ga. L. 2018, p. 314, §§ 1-4/HB 830; Ga. L. 2018, p. 1112, § 16/SB 365.)

The 2016 amendment, effective May 3, 2016, rewrote subparagraph (3)(P); added subparagraphs (3)(BBBB) through (3)(DDDD); deleted subparagraph (12)(L.1), which read: "1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);" substituted "Indole carboxamides" for "(1-Pentylindol-3-yl)-(2,2,3,3 tetramethylcyclopropyl) methanone (UR-144)" in subparagraph (12)(M); substituted "Indole carboxylates" for "[1-(5-fluoropentyl)indole-3yl]-(2,2,3,3 tetramethylcyclopropyl) methanone (XLR11)" in subparagraph (12)(N); substituted "Indazole carboxylates" for "[1-(2-morpholin-4-ylethyl)-1H-indol-3-yl] -(2,2,3,3 tetramethylcyclopropyl) methanone (A-796,260)" in subparagraph (12)(P); substituted "Indole tetramethylcyclopropanecarbonyls" for "1-pentyl-3-(1-adamantylamido)indole (2NE1)" in subparagraph (12)(S); substituted "Napthoylbenzimidazoles" for "1-(5-fluoropentyl)-N-(tricyclo[3.31.13,7]de c-1-yl)-1H-indole-3-carboxamide (STS-135)" in subparagraph (12)(T); substituted "Naphthoylindazoles" for "N-1-naphthalenyl-1-pentyl-1H-indole-3-c arboxamide (NNEI)" in subparagraph (12)(V); deleted subparagraph (12)(W), which read: "N-(1-amino-3,3-dimethyl-1-oxo- butan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADBICA);"; deleted subparagraph (12)(X), which read: "(1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl) (naphthalen-1-yl)methanone (AM-2201 benzimidazole analog);"; deleted subparagraph (12)(Y), which read: "Quinolin-8-yl-1-(4-fluorobenzyl)-1H-in-dole-3-carboxylate (FUB-PB-22);"; deleted subparagraph (12)(Z), which read: "Naphthalen-1-yl-1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FDU-PB-22);"; deleted subparagraph (12)(AA), which read: "Naphthalene-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxyl ate (NM2201);"; deleted subparagraph (12)(BB), which read: "(1-(4-fluorobenzyl)-1H-indol-3-yl) (2,2,3,3-tetramethylcyclopropyl)methanone (FUB-144);"; deleted subparagraph (12)(CC), which read: "N-(1-amino-3-methyl-1-oxobutan-2-yl)- 1-(5-fluoropentyl) 1H-indole-3-carboxamide (5-fluoro-ABICA);"; and deleted subparagraph (12)(DD), which read: "1-naphthalenyl(1-pentyl-1H-indazol-3-yl)- methanone (THJ 018)".

The 2017 amendments. The first 2017 amendment, effective April 17, 2017, added subparagraphs (1)(RR) and (1)(SS); in paragraph (3), reserved subparagraphs (3)(CC), (3)(EE), (3)(JJ), (3)(KK), (3)(LL), (3)(MM), (3)(NN), and (3)(RR), which formerly read: "(CC) 3-methylfentanyl

"(EE) Para-flurofentanyl

"(JJ) Alpha-Methylthiofentanyl

"(KK) Acetyl-Alpha-Methylfentanyl

"(LL) 3-Methylthiofentanyl

"(MM) Beta-Hydroxyfentanyl

"(NN) Thiofentanyl

"(RR) Beta-Hydroxy-3-Methylfentanyl";

substituted "Fluoromethcathinone" for "4-Fluoromethcathinone" in subparagraph (3)(FFF); added subparagraphs (3)(EEEE) and (3)(FFFF); in paragraph (4), reserved subparagraphs (4)(B) and (4)(C), which formerly read: "(B) N-(1-benzyl-4-piperidyl)-N-phenylpropanamide (benzyl-fentanyl)

"(C) N-(1-(2-thienyl)methyl-4-pi- peridyl)-N-phenylpropanamide (thenylfen- tanyl)"; substituted "; and" for the period at the end of subparagraph (12)(V); and added paragraphs (13) through (15). The second 2017 amendment, effective May 8, 2017, added identical subparagraphs (1)(RR) and (1)(SS) and identical paragraphs (13) through (15).

The 2018 amendments. The first 2018 amendment, effective May 3, 2018, added paragraph (3)(GGGG); inserted "or alkoxy substitution" in division (12)(L)(ii); substituted the present provisions of division (13)(E)(ii) for the former provisions, which read: "Acetamide group, which itself can be further substituted with a cyclic alkyl group"; and substituted "diphenylethyl" for "diphenylethy" twice in paragraph (15). The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation in subparagraph (12)(K).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, in subparagraph (3)(DD) "N-ethyl-3" was substituted for "n-ethyl-3".

Editor's notes.

- Ga. L. 2010, p. 338, not codified by the General Assembly, provides:

"WHEREAS, the General Assembly finds that there is a growing use of the unregulated synthetic cannabinoids commonly known as K2 or synthetic marijuana; and

"WHEREAS, preliminary studies indicate that the three synthetic cannabinoid substances unregulated in Georgia are from three to over 100 times more potent than THC, the active ingredient found in marijuana; and

"WHEREAS, many states as well as the federal government have already included one or more of these chemical compounds on Schedules of Controlled Substances, but none of these chemicals are currently listed on Georgia's Schedule of Controlled Substances; and

"WHEREAS, synthetic cannabinoids are referred to as the new marijuana, and K2 is gaining in popularity at an alarming rate among high school and college students and persons on probation and parole; and

"WHEREAS, while having the same or stronger physiological effects as high potency marijuana, synthetic marijuana or K2 does not show a positive reading in an urinalysis test which adds to the desirability and increased growth among drug abusers and increases the threat to public health and safety by avoiding detection; and

"WHEREAS, the General Assembly should address the growing threat of synthetic cannabinoids to the health, safety, and welfare of our citizens before the problem becomes epidemic in the State of Georgia."

Ga. L. 2012, p. 40, § 1/SB 370, not codified by the General Assembly, which provides for the annual update of the identity of controlled substances and dangerous drugs, is dedicated to the memory of Chase Corbitt Burnett and shall be known and may be cited as "Chase's Law."

Administrative Rules and Regulations.

- Registration requirements under Georgia Controlled Substances Act, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-20.

Law reviews.

- For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017). For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

JUDICIAL DECISIONS

"Marijuana" defined.

- Construction of O.C.G.A. § 16-13-21(16) with O.C.G.A. § 16-13-25(3) as to what constitutes marijuana. Osborn v. State, 161 Ga. App. 132, 291 S.E.2d 22 (1982).

Marijuana and THC.

- Any sample containing tetrahydrocannabinols (THC) which would otherwise fall under the definition of marijuana shall be considered marijuana unless it either contains more than 15 percent by weight of THC or does not exhibit the external morphological features of the plant cannabis. Osborn v. State, 161 Ga. App. 132, 291 S.E.2d 22 (1982).

Since a prosecution for misdemeanor possession of marijuana cannot be instituted on the basis of a blood or urine test which shows "positive" for marijuana, because such positive showings will be based upon the presence of THC "without the morphological features" of the marijuana plant and are thus excluded from the definition of "marijuana" under the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq., prosecutions for possession of marijuana based upon positive blood or urine samples must be brought as a felony prosecution for possession of a Schedule I drug, i.e. THC. Cronan v. State, 236 Ga. App. 374, 511 S.E.2d 899 (1999).

Despite the defendant's contrary claim, the state was not required to prove the tetrahydrocannabinol (THC) content of the plant material seized in a prosecution for trafficking in marijuana; further, THC was treated separately in the criminal code as a Schedule I drug under O.C.G.A. § 16-13-25(3)(P). Trujillo v. State, 286 Ga. App. 438, 649 S.E.2d 573 (2007).

Heroin is a Schedule I drug.

- Fatal variance between the allegations of the indictment and the evidence presented at defendant's trial for trafficking in heroin did not exist as the trial court was able to take judicial notice of the rules promulgated by the State Board of Pharmacy under the Administrative Procedures Act; pursuant to O.C.G.A. § 16-13-25(2)(J), heroin was a Schedule I drug. Bailey v. State, 259 Ga. App. 293, 576 S.E.2d 668 (2003).

Evidence insufficient to show constructive possession of piperazine.

- Trial court erred in finding that the defendant violated the defendant's probation by committing the new felony of possessing a controlled substance, piperazine or TFMPP, in violation of O.C.G.A. § 16-13-30 because the circumstantial evidence was insufficient to show the defendant's constructive possession of the TFMPP pills; the only evidence linking the defendant to the drugs was spatial proximity, but it was at least equally likely that the pills belonged to the driver of the truck where the pills were found. Scott v. State, 305 Ga. App. 596, 699 S.E.2d 894 (2010).

State must prove THC was synthetically derived to sustain charge of possession or distribution.

- Any substance which is a resin, compound, manufacture, salt, derivative mixture, or preparation of the cannabis plant shall be treated as marijuana, even though it may contain a high percentage of tetrahydrocannabinols (THC). For the state to sustain a charge of possession or distribution of THC under O.C.G.A. § 16-13-25(3)(P)(i), it must prove that the THC is not a compound, derivative, or preparation of the cannabis plant; that is, it must prove that the THC is synthetically derived. Aycock v. State, 146 Ga. App. 489, 246 S.E.2d 489 (1978).

Indictment charging defendant with selling "phenylcyclohexyl ethyl- amine" instead of "1-phenylcyclo hexyl ethylamine," was sufficient because it did not misinform defendant as to offense charged in such manner that it either impaired defendant's ability to prepare a defense, or surprised defendant at trial, and defendant could not be subjected to a subsequent prosecution for same offense. Murray v. State, 157 Ga. App. 596, 278 S.E.2d 2 (1981).

Entrapment.

- Fact that a government informer furnished the contraband to a defendant does not constitute entrapment. Venable v. State, 203 Ga. App. 517, 417 S.E.2d 347, cert. denied, 203 Ga. App. 908, 417 S.E.2d 347 (1992).

Evidence does not demand finding of entrapment.

- Fact that the defendant may have wished to "get in good" with the female undercover agent and that, without any undue encouragement on the agent's part, the defendant believed the informant's statement that the defendant could accomplish that by providing the agent with marijuana, this would not demand a finding of entrapment. Venable v. State, 203 Ga. App. 517, 417 S.E.2d 347, cert. denied, 203 Ga. App. 908, 417 S.E.2d 347 (1992).

Evidence insufficient for finding of possession of marijuana.

- Defendant's conviction for possession of marijuana had to fail because in the absence of conclusive, scientific tests, the possibility remained that the substance at issue was not marijuana. Chambers v. State, 260 Ga. App. 48, 579 S.E.2d 71 (2003).

Sufficient evidence to support conviction for possession of MDMA.

- Because the defendant's admission to possessing MDMA was direct evidence supporting guilt, and the admission served as a direct connection to the contraband, the trial court did not err in denying the defendant's motion for a new trial based on the insufficiency of the evidence. Barrino v. State, 282 Ga. App. 496, 639 S.E.2d 489 (2006).

Sufficient evidence to support conviction for trafficking MDMA.

- With regard to a defendant's convictions for possession of marijuana with the intent to distribute, trafficking in 4-Methyl- enedioxymethamphetamine, com- monly known as ecstasy, trafficking in cocaine, and possession of a firearm during the commission of a crime, there was sufficient evidence to support the defendant's conviction for possession of the contraband, which was found in a backpack, based on the strong odor of marijuana coming from the vehicle in which the defendant was a passenger in, the defendant's suspicious and nervous behavior, the defendant's joint living arrangement with two other defendants, the defendant's possession of ammunition for another one of the defendant's weapons, and the fact that the defendant was, at times, within arm's reach of the backpack, which showed an intent and power to exercise joint control over the backpack and the drugs found therein; likewise, there was sufficient evidence to support the trafficking charges based on the amounts of the contraband found; and, there was sufficient evidence to support the firearm possession charge since the defendant was found in possession of a magazine that fit the gun located within arm's reach. However, considering that there were four people in the vehicle, the court found that the state's evidence was insufficient to exclude the reasonable hypothesis that the marijuana was intended for personal use, therefore, the conviction for the intent to distribute marijuana was reduced to possession. Vines v. State, 296 Ga. App. 543, 675 S.E.2d 260 (2009).

Sufficient evidence of selling trifluoromethylphenyl piperazine.

- Combined evidence established that the defendant actively participated in and was a party to the three separate sales of a controlled substance based on the defendant freely and voluntarily admitting that during the last controlled drug buy, the defendant supplied an informant with 500-600 pills, the pills tested positive for trifluoromethylphenyl piperazine, and that defendant acted the same during all of the controlled purchases. Walker v. State, 323 Ga. App. 685, 747 S.E.2d 691 (2013).

Cited in Weaver v. State, 145 Ga. App. 194, 243 S.E.2d 560 (1978); Plemons v. State, 155 Ga. App. 447, 270 S.E.2d 836 (1980); Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981); Bennett v. State, 158 Ga. App. 421, 280 S.E.2d 429 (1981); Hartley v. State, 159 Ga. App. 157, 282 S.E.2d 684 (1981); Smith v. State, 297 Ga. App. 526, 677 S.E.2d 717 (2009); Proctor v. State, 298 Ga. App. 388, 680 S.E.2d 493 (2009); Thomas v. State, 306 Ga. App. 279, 701 S.E.2d 895 (2010); State v. Brown, 333 Ga. App. 643, 777 S.E.2d 27 (2015).

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, 286, 287.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 204.

ALR.

- Federal prosecutions based on manufacture, importation, transportation, possession, sale, or use of LSD, 22 A.L.R.3d 1325.

Free exercise of religion as defense to prosecution for narcotic or psychedelic drug offense, 35 A.L.R.3d 939.

Marijuana, psilocybin, peyote, or similar drugs of vegetable origin as narcotics for purposes of drug prosecutions, 50 A.L.R.3d 1164.

LSD, STP, MDA, or other chemically synthesized hallucinogenic or psychedelic substances as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1284.

Cases Citing O.C.G.A. § 16-13-25

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Budhani v. State, 830 S.E.2d 195 (Ga. 2019).

Cited 24 times | Published | Supreme Court of Georgia | Jun 28, 2019 | 306 Ga. 315

... **319(N) [1-(5-fluoropentyl)indole-3yl]-(2,2,3,3-tetramethylcyclopropyl) methanone (XLR11). OCGA § 16-13-25 (12) (N) (2014) (emphasis added). This Court " 'review[s] a trial court's ruling on a general ......
...d Substance, in violation of OCGA § 16-13-30 (b)." Each of these four counts cited and tracked the **320language of the relevant statute, OCGA § 16-13-30 (b). They also identified XLR11-by both its common and scientific names listed in former OCGA § 16-13-25 (12) (N) -as the "Schedule I Controlled Substance" that Budhani unlawfully possessed and sold. The indictment withstands a general demurrer and satisfies due process here because it alleges the essential elements of the offenses-that Bud...
...at 880, 799 S.E.2d 229. That is because Budhani would have to admit to "sell[ing]" or "possess[ing] with intent to distribute [XLR11], a Schedule I Controlled Substanc[e], in violation of O.C.G.A 16-13-30 (b)," and XLR11 was, at the relevant time, included in OCGA § 16-13-25 as a Schedule I controlled substance. See former OCGA § 16-13-25 (12) (N). Budhani contends this is not so, because it is not illegal to possess or sell XLR11 in all circumstances. Arguing that the three exceptions contained in OCGA § 16-13-25 (12) are themselves "material element[s]" of the charged offenses, and that the State must allege in the indictment that the exceptions do not apply, Budhani contends that the indictment is void here because the State did not allege that the XLR11 at issue was "intended for human consumption." But a plain reading of the indictment, particularly against the statutory backdrop of OCGA §§ 16-13-25 and 16-13-30 (b), shows that Budhani's argument fails. To begin, OCGA § 16-13-25 creates a default presumption that the controlled substances listed in subsection 12 "are included in Schedule I." Thus, by specifically naming in the indictment a substance listed in former OCGA § 16-13-25 (12) (N), and by alleging that it is "a Schedule I Controlled Substance," the indictment necessarily alleges that Budhani possessed and sold a Schedule I controlled substance to which an exception to OCGA § 16-13-25 (12) did not apply. Indeed, if an exception to OCGA § 16-13-25 (12) did apply, then the "unless" clause in OCGA § 16-13-25 (12) would exempt the substance from the list of controlled substances "included in Schedule I." See OCGA § 16-13-25 (12) ("The controlled substances listed in this Code section are included in Schedule I: ......
...ets out the elements of the charged offenses and alleged the facts necessary to establish a violation of the relevant statutes. Id. (c) Moreover, Budhani's argument also fails because OCGA § 16-13-50 (a) confirms that the exceptions listed in OCGA § 16-13-25 (12) are affirmative defenses-not elements of the crime-and, as a result, the State is not required to allege them in the indictment.4 To that end, OCGA § 16-13-50 (a), which sets out the burden of proof for exceptions and exemptions con...
...It further provides that "[t]he burden of proof of any exemption or exception is upon the person claiming it."5 Id. The phrase "this article" references Article 2 of Chapter 13 in Title 16 (the Georgia Controlled Substances Act), which contains the two Code sections under which **322Budhani was indicted: OCGA §§ 16-13-25 and 16-13-30....
...ense or is otherwise lawfully permitted" to do so "is a matter of defense and not an element"). And this is where the Court of Appeals went astray in this case. Indeed, the Court of Appeals erred when it concluded that the exceptions listed in OCGA § 16-13-25 (12) were not affirmative defenses **323because "the statute fail[s] to identify them as affirmative defenses" and because they "do not go to the element of intent." Budhani , 345 Ga....
...tment under a statute like the one involved in the present case need not aver that the accused does not belong to the class of persons to which it was declared the law should not apply"). We therefore conclude that the exceptions enumerated in OCGA § 16-13-25 (12) are affirmative defenses that the State is not required to allege in an indictment.8 As a result, a criminal defendant may raise the three exceptions enumerated in OCGA § 16-13-25 (12) as affirmative defenses at trial, and in so doing would bear the initial burden of coming forth with evidence to support those defenses....
...But whether those affirmative defenses are available at trial is a distinct issue from what the State is required to allege in the indictment, and OCGA § 16-13-50 (a) makes clear that the State was not required to allege in Budhani's indictment the affirmative defenses enumerated in OCGA § 16-13-25 (12)....
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Parker v. Abernathy, 324 S.E.2d 191 (Ga. 1985).

Cited 23 times | Published | Supreme Court of Georgia | Jan 7, 1985 | 253 Ga. 673

...In April 1982 the Murray County grand jury returned an indictment against appellee which, inter alia, accused him of violating the Georgia Controlled Substances Act, OCGA Ch. 16-13, Art. 2, by possessing a quantity of lysergic acid diethylamide with intent to distribute, OCGA §§ 16-13-25 (3) (I), 16-13-30....
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Dean v. Gober, 524 S.E.2d 722 (Ga. 1999).

Cited 13 times | Published | Supreme Court of Georgia | Dec 16, 1999 | 272 Ga. 20, 2000 Fulton County D. Rep. 580

...provide that all seized controlled substances are summarily forfeited, is faulty. That statute provides for summary forfeiture of only a limited class of controlled substances: those contained in Schedule I of the Controlled Substances Act (see OCGA § 16-13-25) and controlled substances whose owners are unknown....
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In the Matter of John H. Patteson, Jr., 423 S.E.2d 248 (Ga. 1992).

Cited 12 times | Published | Supreme Court of Georgia | Dec 2, 1992 | 262 Ga. 591, 92 Fulton County D. Rep. 3062

...Hibbs, for Patteson. PER CURIAM. John H. Patteson, Jr., was indicted in the Superior Court of Clarke County for the felony of violating the Georgia Controlled Substances Act by possessing a Schedule I controlled substance, 3, 4 Methylenedioxymethamphetamine, OCGA §§ 16-13-25 (3) (Z); 16-13-30 (a) (c)....
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White v. State, 264 Ga. 547 (Ga. 1994).

Cited 4 times | Published | Supreme Court of Georgia | Sep 21, 1994 | 448 S.E.2d 354

..., notwithstanding any other provisions of this article.” OCGA § 16-13-49 (a) (1). Paragraph 4 of OCGA § 16-13-21 defines the term “controlled substance” as “a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R....

Lewis v. State (Ga. 2025).

Published | Supreme Court of Georgia | Jun 26, 2025 | 448 S.E.2d 354

...provides that “[e]xcept as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.” See OCGA § 16-13-30 (b). OCGA § 16-13-25, in turn, lists Schedule I controlled substances, and at the time of Lewis’s indictment provided: The controlled substances listed in this Code section are included in Schedule I: ...
...s, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from fentanyl, and whether or not further modified . . . . OCGA §§ 16-13-25 (2) (J); 16-13-25 (13). 4 In December 2022, Lewis filed a motion to dismiss the indictment based on “lack of venue” and later filed an amended motion moving to dismiss Counts 1, 2, 5, and 6 of the indictment on the same basis....
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Budhani v. State, 306 Ga. 315 (Ga. 2019).

Published | Supreme Court of Georgia | Jun 28, 2019

...1 Law enforcement conducted controlled buys on October 18, 2014, October 24, 2014, and December 12, 2014. The scientific name for the drug more commonly known as “XLR11” is [1-(5-fluoropentyl)indole-3yl]-(2,2,3,3- tetramethylcyclo-propyl) methanone. Former OCGA § 16-13-25 (12) (N). 2 each purchase, investigators met with an informant at a pre- designated location to provide audio and video surveillance equipment, thus allowing investigators to listen to the transactio...
...and manufacturing of controlled substances and provides that “[e]xcept as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.” OCGA § 16-13-25, in turn, lists Schedule I controlled substances, and at the time of Budhani’s trial provided: The controlled substances listed in this Code section are included in Schedule 1: ......
...isomers, and salts of isomers, halogen analogues, or homologues is possible within the specific chemical designation: ... (N)[1-(5-fluoropentyl)indole-3yl]-(2,2,3,3 tetramethylcyc- lopropyl) methanone (XLR11). OCGA § 16-13-25 (12) (N) (2014) (emphasis supplied). This Court ‘“review(s) a trial court’s ruling on a general ....
...stance, in violation of OCGA § 16-13-30 (b).” Each of these four counts cited and tracked the language of the relevant statute, OCGA § 16-13-30 (b). They also identified XLR11 — by both its common and scientific names listed in former OCGA § 16-13-25 (12) (N) — as the “Schedule I Controlled Substance” that Budhani unlawfully possessed and 11 sold. The indictment withstands a general demurrer and satisfies due process here because it...
...That is because Budhani would have to admit to “sell[ing]” or “possess[ing] with intent to distribute [XLR11], a Schedule I Controlled Substanc[e], in violation of O.C.G.A. 16-13-30 (b),” and XLR11 was, at the relevant time, included in OCGA § 16-13-25 as a Schedule I controlled substance. See former OCGA § 16-13-25 (12) (N). Budhani contends this is not so, because it is not illegal to possess or sell XLR11 in all circumstances. Arguing that the three 12 exceptions contained in OCGA § 16-13-25 (12) are themselves “material element[s]” of the charged offenses, and that the State must allege in the indictment that the exceptions do not apply, Budhani contends that the indictment is void here because the State did not allege that the XLR11 at issue was “intended for human consumption.” But a plain reading of the indictment, particularly against the statutory backdrop of OCGA §§ 16-13-25 and 16-13-30 (b), shows that Budhani’s argument fails. To begin, OCGA § 16-13-25 creates a default presumption that the controlled substances listed in subsection 12 “are included in Schedule I.” Thus, by specifically naming in the indictment a substance listed in former OCGA § 16- 13-25 (12) (N), and by alleging that it is “a Schedule I Controlled Substance,” the indictment necessarily alleges that Budhani possessed and sold a Schedule I controlled substance to which an exception to OCGA § 16-13-25 (12) did not apply. Indeed, if an exception to OCGA § 16-13-25 (12) did apply, then the “unless” clause in OCGA § 16-13-25 (12) would exempt the substance from 13 the list of controlled substances “included in Schedule I.” See OCGA § 16-13-25 (12) (“The controlled substances listed in this Code section are included in Schedule I: ....
...acknowledging that the appellant’s motion was untimely and “not subject to appellate review.” May, 179 Ga. App. at 737. 18 Indeed, the Court of Appeals erred when it concluded that the exceptions listed in OCGA § 16-13-25 (12) were not affirmative defenses because “the statute fail[s] to identify them as affirmative defenses” and because they “do not go to the element of intent.” Budhani, 345 Ga....
...indictment under a statute like the one involved in the present case need not aver that the accused does not belong to the class of persons to which it was declared the law should not apply”). We therefore conclude that the exceptions enumerated in OCGA § 16-13-25 (12) are affirmative defenses that the State is not required to allege in an indictment.8 As a result, a criminal 8 Our conclusion reflects the common-sense legislative judgment, reflected in the General Assembly’s pa...
...he State should not be required to allege the inapplicability of statutory exceptions, which in many instances amounts to being required to prove a 20 defendant may raise the three exceptions enumerated in OCGA § 16-13-25 (12) as affirmative defenses at trial, and in so doing would bear the initial burden of coming forth with evidence to support those defenses....
...But whether those affirmative defenses are available at trial is a distinct issue from what the State is required to allege in the indictment, and OCGA § 16-13-50 (a) makes clear that the State was not required to allege in Budhani’s indictment the affirmative defenses enumerated in OCGA § 16-13-25 (12)....