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2018 Georgia Code 16-13-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-13-35 Case Law from Google Scholar Amendments to OCGA 16-13-35

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 2 REGULATION OF CONTROLLED SUBSTANCES

16-13-35. General registration requirements.

  1. Every person who manufactures, distributes, or dispenses any controlled substances within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state must obtain annually a registration issued by the State Board of Pharmacy in accordance with its rules.
  2. Persons registered by the State Board of Pharmacy under this article to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with this article.
  3. The following persons need not register and may lawfully possess controlled substances under this article:
    1. An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment;
    2. A common or contract carrier or warehouseman, or any employee thereof, whose possession of any controlled substance is in the usual course of his business or employment;
    3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance; and
    4. Officers and employees of this state, or of a political subdivision of this state, or of the United States while acting in the course of their official duties.
  4. The State Board of Pharmacy may waive by rule the requirements for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.
  5. A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
  6. The State Board of Pharmacy, the director of the Georgia Drugs and Narcotics Agency, or other drug agents designated by the State Board of Pharmacy for this purpose may inspect the establishment of a registrant or applicant for registration in accordance with the State Board of Pharmacy rules and the provisions of this article.
  7. The following persons are registered under this article and are exempt from the registration fee and registration application requirements of this article:
    1. Persons licensed by the State Board of Pharmacy as a pharmacist or a pharmacy under Chapter 4 of Title 26;
    2. Persons licensed as a physician, dentist, or veterinarian under the laws of the state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state; and
    3. An employee, agent, or representative of any person described in paragraph (1) or (2) of this subsection acting in the usual course of his employment or occupation and not on his own account, provided that suspension or revocation of licensure as set forth in paragraphs (1) and (2) of this subsection shall nullify the exemption as set forth in this subsection.

(Code 1933, § 79A-814, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1982, p. 3, § 16.)

Administrative Rules and Regulations.

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

JUDICIAL DECISIONS

Constitutionality.

- As O.C.G.A. § 16-13-35 specifies that certain institutions and persons legally may possess controlled substances, O.C.G.A. § 16-13-20 et seq., is not constitutionally illogical or overbroad. Windfaire, Inc. v. Busbee, 523 F. Supp. 868 (N.D. Ga. 1981).

One lawfully possessing a controlled substance may lawfully possess it out of its original container. Jones v. State, 145 Ga. App. 224, 243 S.E.2d 645 (1978).

Physicians are authorized to possess controlled substances to the extent they do so as physicians, i.e., to the extent such possession is for some use connected with their medical practice. Felker v. State, 172 Ga. App. 492, 323 S.E.2d 817 (1984), cert. denied, 471 U.S. 1102, 105 S. Ct. 2328, 85 L. Ed. 2d 846 (1985).

Qualification of expert to perform drug analysis.

- When at pretrial hearing to determine whether expert designated by appellant was qualified to perform analysis of alleged drugs revealed that the expert was neither licensed, registered, nor otherwise exempted pursuant to O.C.G.A. Ch. 13, T. 16, and after the trial court gave defense counsel approximately 24 hours to determine whether counsel wished to qualify this expert for any procedures which did not require reference samples of the controlled substance, or to qualify another expert, and counsel did neither, it was not an abuse of discretion to deny a motion for independent laboratory analysis. McAdoo v. State, 164 Ga. App. 23, 295 S.E.2d 114 (1982).

Cited in United States v. Gaultney, 606 F.2d 540 (5th Cir. 1979); Curtis v. State, 172 Ga. App. 473, 323 S.E.2d 684 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, § 58 et seq.

C.J.S.

- 28 C.J.S., Drugs and Narcotics, §§ 69, 70, 210 et seq.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 302.

ALR.

- State law criminal liability of licensed physician for prescribing or dispensing drug or similar controlled substance, 13 A.L.R.5th 1.

Cases Citing Georgia Code 16-13-35 From Courtlistener.com

Total Results: 3

Hourin v. State

Court: Supreme Court of Georgia | Date Filed: 2017-08-28

Citation: 301 Ga. 835, 804 S.E.2d 388, 2017 Ga. LEXIS 711

Snippet: who is subject to the requirements of [OCGA §] 16-13-35[,] in violation of [OCGA §] 16-13-41(h)[.]”OCGA

Chua v. State

Court: Supreme Court of Georgia | Date Filed: 2011-05-31

Citation: 710 S.E.2d 540, 289 Ga. 220, 2011 Fulton County D. Rep. 1605, 2011 Ga. LEXIS 436

Snippet: is subject to the requirements of Code Section 16-13-35 to distribute or dispense a controlled substance

Dean v. Gober

Court: Supreme Court of Georgia | Date Filed: 1999-12-16

Citation: 524 S.E.2d 722, 272 Ga. 20, 2000 Fulton County D. Rep. 580, 1999 Ga. LEXIS 1032

Snippet: must read that statute in conjunction with OCGA § 16-13-35 (c) (4), which provides that officers of a political