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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 O.C.G.A. § 16-13-35

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Hourin v. State, 301 Ga. 835 (Ga. 2017).

Cited 32 times | Published | Supreme Court of Georgia | Aug 28, 2017 | 804 S.E.2d 388

...As the overt act committed in furtherance of this alleged conspiracy, the indictment alleges that Hourin possessed “13 prescriptions that were issued and signed in blank by Dr. Kelvin White, a practitioner and a person who is subject to the requirements of [OCGA §] 16-13-35[,] in violation of [OCGA §] 16-13-41(h)[.]”OCGA § 16-13-42 (a) (1) makes it “unlawful for any person... [w]ho is subject to the requirements of Code Section 16-13-35 to distribute or dispense a controlled substance in violation of Code Section 16-13-41[.]” OCGA § 16-13-41 (h) provides: It shall be unlawful for any practitioner to issue any prescription document signed in blank....
...person whose signature appears thereon shall be prima-facie evidence of a conspiracy between the possessor and the signer to violate the provisions of this article. The State does not allege that Hourin is either subject to the requirements of OCGA § 16-13-353 or a “practitioner” within the meaning of OCGA § 16-13-41 (h)4 and in fact appears to concede at least that he is not the latter. *839Hourin argues that the statutes under which he is charged are unconstitutionally vague because th...
...transferred. See Mauer v. Parker Fibernet, LLC, 306 Ga. App. 160, 162 (701 SE2d 599) (2010) (certificate of immediate review of order transferring case from one court to another was invalid because it was signed by judge of transferee court). OCGA § 16-13-35 (a) mandates registration with the State Board of Pharmacy by anyone “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[.]” It exempts certain persons from registration and automatically deems registered other persons, such as physicians. OCGA § 16-13-35 (c), (g). OCGA § 16-13-21 (23) defines practitioner as: (A) A physician, dentist, pharmacist, podiatrist, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribut...
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Chua v. State, 710 S.E.2d 540 (Ga. 2011).

Cited 17 times | Published | Supreme Court of Georgia | May 31, 2011 | 289 Ga. 220, 2011 Fulton County D. Rep. 1605

...of the unlawful act of any of the defendant's alleged violations of the Georgia Controlled Substances Act as set forth in" the indictment. [10] OCGA § 16-13-42 reads: (a) It is unlawful for any person: (1) Who is subject to the requirements of Code Section 16-13-35 to distribute or dispense a controlled substance in violation of Code Section 16-13-41; (2) Who is a registrant to manufacture a controlled substance not authorized by his registration or to distribute or dispense a controlled substa...
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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

...Controlled substances such as the methamphetamine Gober was convicted of possessing are not listed in Schedule I, so they are not summarily forfeited upon seizure so long as the owner is known. Since law enforcement officers are authorized by OCGA § 16-13-35(c)(4) to possess controlled substances while acting in the course of their official duties, there is no prohibition in the Controlled Substances Act against the retention and legal use of seized controlled substances not listed in Schedul...
...t officers to engage in legal reverse sting operations. Even where, as here, the property at issue has been forfeited, OCGA § 16-13-49(u)(1) does not automatically require destruction or disposal. One must read that statute in conjunction with OCGA § 16-13-35(c)(4), which provides that officers of a political subdivision of this state "may lawfully possess controlled substances ......
...while acting in the course of their official duties." This court has a duty to reconcile, if possible, the potential conflict between these two "`different sections of the same statute, so as to make them consistent and harmonious.'" Sikes v. State, 268 Ga. 19, 21(2), 485 S.E.2d 206 (1997). The majority ignores OCGA § 16-13-35(c)(4) and very broadly construes OCGA § 16-13-49(u)(1) so as to permit police officers to possess summarily forfeited controlled substances only for the purpose of disposing of them. However, by specifying that certain persons may legally possess controlled substances, OCGA § 16-13-35 prevents the Georgia Controlled Substances Act from being construed in an illogical or overbroad manner....
...Furthermore, OCGA § 16-13-49(u)(1) applies only to property "which is required by law to be destroyed or which is harmful to the public...." Because a law enforcement officer's possession of contraband while acting in the course of his official duties is expressly lawful under OCGA § 16-13-35(c)(4), the law does not require the destruction of such contraband, nor can it be considered harmful to the public....