O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-13-29 (2019)

Schedule V

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

(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic, active, medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(A) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;

(B) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(C) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(D) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(E) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;

(1.25) Cenobamate, including its salts;

(1.5) Ganaxolone;

(2) Lacosamide;

(3) Pregabalin;

(4) Pyrovalerone;

(5) Pseudoephedrine as an exempt over-the-counter Schedule V controlled substance distributed in the same manner as set forth in Code Section 16-13-29.2; provided, however, that such exemption shall take effect immediately and shall not require rule making by the State Board of Pharmacy; provided, further, that wholesale drug distributors located within this state and licensed by the State Board of Pharmacy and which are registered and regulated by the DEA shall not be subject to any board requirements for controlled substances for the storage, reporting, record keeping, or physical security of drug products containing pseudoephedrine which are more stringent than those included in DEA regulations;

(6) Ezogabine;

(7) Brivaracetam; or

(8) Lasmiditan, including its salts, isomers, and salts of isomers.

History

Code 1933, § 79A-810, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 9; Ga. L. 1979, p. 859, § 9; Ga. L. 1980, p. 1746, § 8; Ga. L. 1981, p. 557, § 5; Ga. L. 1984, p. 1019, § 2; Ga. L. 1986, p. 1555, § 5; Ga. L. 1989, p. 233, § 5; Ga. L. 1993, p. 590, § 3; Ga. L. 2003, p. 349, § 5; Ga. L. 2007, p. 605, § 2/HB 286; Ga. L. 2010, p. 860, § 4/SB 353; Ga. L. 2011, p. 656, § 6/SB 93; Ga. L. 2012, p. 40, § 4/SB 370; Ga. L. 2015, p. 5, § 16/HB 90; Ga. L. 2017, p. 14, § 8/HB 231; Ga. L. 2019, p. 820, § 3/HB 483; Ga. L. 2020, p. 493, § 16/SB 429; Ga. L. 2021, p. 184, § 27/SB 195; Ga.

L. 2021, p. 386, § 7/HB 367; Ga. L. 2023, p. 137, § 4/HB 332, effective May 1, 2023. Amendments. The 2023 amendment, effective May 1, 2023, substituted “Ganaxolone” for “Reserved” in paragraph (1.5).

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2003, a semicolon was substituted for a period at the end of paragraph (2). Pursuant to Code Section 28-9-5, in 2017, “or” was added at the end of paragraph (6). Pursuant to Code Section 28-9-5, in 2021, “or” was deleted from the end of

paragraph (6) and “or” was added at the end of paragraph (7). Editor’s notes. 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.” Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or

Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.” 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.

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.

28A C.J.S., Drugs and Narcotics, § 286 et seq. U.L.A. Uniform Controlled Substances Act (U.L.A.) § 212.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1998–2021 · leading case: Evans v. the State, 766 S.E.2d 821 (Ga. Ct. App. 2014).
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Evans v. the State, 766 S.E.2d 821 (Ga. Ct. App. 2014). · cites it 10× “534, 536 (2) ( 241 SE2d 590 ) (1978) (evidence that some codeine was present was sufficient to show that substance in bottle was a controlled substance for purposes of OCGA § 16-13-29 notwithstanding that the evidence did not show that appellant possessed codeine in “violation…”
Arrington v. State, 505 S.E.2d 851 (Ga. Ct. App. 1998). · cites it 2× “Count 9 of the indictment alleged unlawful possession of a dangerous drug, diphenoxylate, under OCGA § 16-13-29 (1) (D), a felony punishable by imprisonment for up to five years.”
Kenneth Jerome Roundtree v. State (Ga. Ct. App. 2021). · cites it 2× “1 (listing specific exemptions from Schedule III); OCGA § 16-13-28 (listing Schedule IV controlled substances); OCGA § 16-13-29 (listing Schedule V controlled substances), with 21 CFR § 1308.”
— 16-13-29(1) — 1 case
Evans v. the State, 766 S.E.2d 821 (Ga. Ct. App. 2014). “534, 536 (2) ( 241 SE2d 590 ) (1978) (evidence that some codeine was present was sufficient to show that substance in bottle was a controlled substance for purposes of OCGA § 16-13-29 notwithstanding that the evidence did not show that appellant possessed codeine in “violation…”
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