O.C.G.A.

O.C.G.A. § 16-13-28 (2019)

Schedule IV

✓ 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) The controlled substances listed in this Code section are included in Schedule IV. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect:

(1) Alfaxalone;

(1.5) Armodafinil;

(2) Barbital;

(2.05) Brexanolone;

(2.1) Bromazepam;

(2.15) Butorphanol;

(2.25) Carisoprodol;

(2.3) Cathine;

(3) Chloral betaine;

(4) Chloral hydrate;

(5) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens);

(5.1) Clobazam;

(6) Reserved;

(7) Clotiazepam;

(8) Daridorexant;

(8.1) Deschloroetizolam;

(8.5) Dexfenfluramine;

(9) Reserved;

(10) Reserved;

(11) Diethylpropion;

(11.05) Difenoxin;

(11.5) Eluxadoline;

(12) Ethchlorvynol;

(13) Ethinamate;

(13.2) Fencamfamin;

(14) Reserved;

(14.2) Fenproporex;

(14.5) Fluclotizolam;

(15) Fospropofol;

(16) Indiplon;

(16.5) Lemborexant;

(17) Lorcaserin;

(18) Mazindol;

(19) Mebutamate;

(19.2) Mefenorex;

(20) Meprobamate;

(21) Methohexital;

(22) Methylphenobarbital;

(22.1) Modafinil;

(23) Reserved;

(24) Paraldehyde;

(25) Pemoline;

(26) Pentazocine;

(27) Petrichloral;

(28) Phenobarbital;

(29) Phentermine;

(29.1) Pipradrol;

(30) Propofol;

(30.05) Propoxyphene (including all salts and optical isomers);

(30.07) Pyrazolam;

(30.1) Quazepam;

(30.15) Remimazolam;

(30.17) Serdexmethylphenidate;

(30.2) Sibutramine;

(30.25) Solriamfetol, including its salts, isomers, and salts of isomers;

(30.3) SPA (-)-1-dimethylamino-1, 2-diphenylethane;

(30.5) Suvorexant;

(31) Reserved;

(31.5) Tramadol [2-((dimethylamino)methyl)-1-(3-methoxy-phenyl) cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers];

(32) Zaleplon;

(33) Zolpidem;

(34) Zopiclone (including its salts, isomers, and salts of isomers);

(35) Zuranolone.

(b) The controlled substances in the benzodiazepine structural class include 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 1,4-benzodiazepine by substitution at the 5-position with a phenyl ring system (which may itself be further substituted), whether or not the compound is further modified in any of the following ways:

(1) By substitution at the 2-position with a ketone or a thione;

(2) By substitution at the 3-position with a hydroxyl group or ester group, which itself may be further substituted;

(3) By a fused triazole ring at the 1,2- position, which itself may be further substituted;

(4) By a fused imidazole ring at the 1,2- position, which itself may be further substituted;

(5) By a fused oxazolidine ring at the 4,5- position, which itself may be further substituted;

(6) By a fused oxazine ring at the 4,5- position, which itself may be further substituted;

(7) By substitution at the 7-position with a nitro group;

(8) By substitution at the 7-position with a halogen group; or

(9) By substitution at the 1-position with an alkyl group, which itself may be further substituted.

(c) The State Board of Pharmacy may except by rule any compound, mixture, or preparation containing any depressant, stimulant, or hallucinogenic substance listed in subsection (a) or (b) of this Code section from the application of all or any part of this article if the compound, mixture, or preparation contains one or more active, medicinal ingredients not having a depressant or stimulant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant or stimulant effect on the central nervous system.

History

Code 1933, § 79A-809, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1977, p. 1287, § 1; Ga. L. 1979, p. 859, § 8; Ga. L. 1980, p. 1746, § 7; Ga. L. 1981, p. 557, § 4; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 2403, §§ 14, 19; Ga. L. 1984, p. 22, § 16; Ga. L. 1985, p. 1219, § 4; Ga. L. 1986, p. 10, § 16; Ga. L. 1986, p. 1555, § 4; Ga. L. 1987, p. 261, § 5; Ga. L. 1989, p. 233, § 4; Ga. L. 1990, p. 8, § 16; Ga. L. 1993, p. 590, § 2; Ga. L. 1994, p. 169, § 5; Ga. L. 1996, p. 1023, § 1; Ga. L. 1997, p. 1311, § 3; Ga. L. 1998, p. 778, § 2; Ga. L. 1999, p. 643, § 1; Ga. L. 2000, p. 1317, § 3; Ga. L. 2003, p. 349, § 4; Ga. L. 2006, p. 219, § 2/HB 1054; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 169, § 5/HB 1090; Ga. L. 2009, p. 126, §§ 3, 4/HB 368; Ga. L. 2010, p. 860, § 3/SB 353; Ga. L. 2011, p. 656, § 5/SB 93; Ga. L. 2014, p. 217, § 5/HB 835; Ga. L. 2015, p. 883, § 4/HB 211; Ga. L. 2016, p. 798, § 4/HB 783; Ga. L. 2017, p. 14, § 7/HB 231; Ga. L. 2019, p. 820, § 2/HB 483; Ga. L. 2020, p. 16, § 1/HB 759; Ga. L. 2021, p. 386, § 6/HB 367; Ga. L. 2022, p. 803, § 6/HB 963; Ga. L. 2023, p. 137, § 3/HB 332, effective May 1, 2023; Ga. L. 2024, p. 161, § 6/HB 1326, effective April 22, 2024.

Amendments. The 2022 amendment, effective May 13, 2022, added paragraphs (a)(14.5) and (a)(30.17). The 2023 amendment, effective May 1, 2023, substituted “Daridorexant” for “Reserved” in paragraph (a)(8) and substituted “Reserved” for “Fenfluramine” in paragraph (a)(14). The 2024 amendment, effective April 22, 2024, repealed paragraph (a)(13.5); substituted a semicolon for a period at the end of paragraph (a)(34); and added paragraph (a)(35).

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 1998, the new paragraph added in 1998 was redesignated as paragraph (a)(30.2), and former paragraph (a)(30.2) was redesignated as paragraph (a)(30.3). Editor’s notes. Ga. L. 2024, p. 1326, § 6/HB 1326, which amended this Code section, purported to repeal paragraph (a)(13.5) but actually repealed paragraph (a)(13.15). 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, Rule 480-20-.01 et seq. Requirements of a Prescription Drug Order, Official Compilation of the Rules

and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Rule 480-22-.01 et seq.

JUDICIAL DECISIONS Constitutionality. - Former Code 1933, § 79A-809 (see now O.C.G.A. § 16-13-28) 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 sections deal with separation of powers and delegations of legislative power respectively. Harmon v. State, 235 Ga. 329, 219 S.E.2d 441, 1975 Ga. LEXIS 869 (1975). Identification of drug. - Mere proof of a trade name of a controlled substance is insufficient evidence to sustain a conviction under the Controlled Substances Act, O.C.G.A. § 16-13-20 et seq.; however, circumstantial evidence was sufficient to authorize the jury’s determination that Darvocet N-100 tablets defendant fraudulently obtained were the controlled substance dextropropoxyphene as alleged in the indictment. Hulsey v. State, 220 Ga. App.

64, 467 S.E.2d 610, 1996 Ga. App. LEXIS 90 (1996). 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, §§ 69, 70, 211, 212, 219.

U.L.A. Uniform Controlled Substances Act (U.L.A.) § 210.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1983–2022 · leading case: DELONG v. State, 714 S.E.2d 98 (Ga. Ct. App. 2011).
DELONG v. State, 714 S.E.2d 98 (Ga. Ct. App. 2011). · cites it 6× “Accordingly, for all the foregoing reasons, we affirm DeLong’s conviction for child molestation, reverse DeLong’s convictions for distributing a controlled substance and influencing witnesses, and remand this case to the trial court for resentencing consistent with this opinion.…”
Castillo v. State, 305 S.E.2d 629 (Ga. Ct. App. 1983). · cites it 4× “After chemical analysis, however, the pills were discovered to be diazepam (valium), but triple the dosage of the strongest prescription level.”
State v. Pando, 643 S.E.2d 342 (Ga. Ct. App. 2007). · cites it 2× “The State charged Luis Pando and Olanrewaju Ojemuyiwa with possession with intent to distribute marijuana, OCGA § 16-13-30, and possession of diazepam, OCGA §§ 16-13-28 and 16-13-30. The defendants filed a motion to suppress the evidence, which the trial court granted.”
Ray v. State, 351 S.E.2d 490 (Ga. Ct. App. 1986). · cites it 4× “The statute provides for imprisonment for not less than one year nor more than five years upon the defendant's first offense. "Upon conviction of a second or subsequent offense, [the defendant] shall be imprisoned for not less than one year nor more than ten years.”
McMullen v. State, 730 S.E.2d 151 (Ga. Ct. App. 2012). · cites it 2× “See OCGA § 16-13-28 (a) (29) (listing phentermine as a Schedule IV drug).”
Boring v. State, 694 S.E.2d 157 (Ga. Ct. App. 2010). · cites it 2× “3 OCGA §§ 16-13-28 (a) (1); 16-13-30 (a). 4 OCGA § 16-13-32.”
Torres v. State, 679 S.E.2d 757 (Ga. Ct. App. 2009). · cites it 2× “See OCGA §§ 16-13-28 (a) (1); 16-13-30 (a). Thus, Torres is entitled to a new trial only on the methamphetamine trafficking and distribution offenses.”
Duvall v. State, 699 S.E.2d 761 (Ga. Ct. App. 2010). · cites it 2× “See OCGA § 16-13-28 (a) (33). Because he intended to possess the loose pills, he had the intent sufficient to sustain the conviction on both charges.”
Mohamed v. State, 723 S.E.2d 694 (Ga. Ct. App. 2012). · cites it 2× “Chewing of khat containing cathinone results in hyperalertness, hyperactivity, and elevated respiration and heart rate.”
Noellien v. State, 679 S.E.2d 75 (Ga. Ct. App. 2009). · cites it 2× “See OCGA §§ 16-13-28 (a) (1) (listing Alprazolam as a controlled substance); 16-13-30 (a), (e) (defining possession of a controlled substance); 16-13-2 (b) (defining misdemeanor possession of marijuana); 40-6-144 (defining emerging from a driveway); Jackson .”
Liles v. State, 716 S.E.2d 228 (Ga. Ct. App. 2011). · cites it 2× “Following a bench trial on stipulated facts in the Superior Court of Henry County, co-defendants Christoper Liles and Zachary Kilgo appeal their convictions for possession of marijuana (less than one *356 ounce), OCGA § 16-13-30 (j) (1), and possession of Alprazolam, a schedule…”
Williams v. State, 630 S.E.2d 601 (Ga. Ct. App. 2006). · cites it 2× “A jury found Edward Williams guilty of trafficking in methamphetamine, possession with the intent to distribute methamphetamine, possession of carisoprodol 1 (a controlled substance under *84 OCGA § 16-13-28 (a) (2.25)), and possession of a firearm during the commission of a…”
— 16-13-28(a)(10) — 1 case
Castillo v. State, 305 S.E.2d 629 (Ga. Ct. App. 1983). “After chemical analysis, however, the pills were discovered to be diazepam (valium), but triple the dosage of the strongest prescription level.”
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