O.C.G.A.

O.C.G.A. § 16-13-35 (2019)

General registration requirements

✓ 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) 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.

(b) 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.

(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 em515 ployee 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.

(d) 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.

(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.

(f) 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.

(g) 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.

History

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, Rules of Georgia State Board of Pharmacy, Rule 480-20-.01 et seq.

Annotations

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, 1981 U.S. Dist. LEXIS 15060 (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 Ga. App. LEXIS 1929 (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 Ga. App. LEXIS 3066 (1984), cert. denied, 471 U.S. 1102, 105 S.

Ct. 2328, 85 L. Ed. 2d 846, 1985 U.S. LEXIS 1808 (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. § 16-13-1 et seq., 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 Ga. App. LEXIS 3260 (1982).

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.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1984–2021 · leading case: Hourin v. State, 804 S.E.2d 388 (Ga. 2017).

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Hourin v. State, 804 S.E.2d 388 (Ga. 2017). · cites it 8× “The State does not allege that Hourin is either subject to the requirements of OCGA § 16-13-35 3 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.”

Dean v. Gober, 524 S.E.2d 722 (Ga. 1999). · cites it 20× “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.”

Felker v. State, 323 S.E.2d 817 (Ga. Ct. App. 1984). · cites it 6× “One such exception, created by OCGA § 16-13-35 (b), is applicable to persons registered by the State Board of Pharmacy to manufacture, distribute, dispense, or conduct research with controlled substances, “to the extent authorized by their registration and in conformity with…”

Gober v. State, 547 S.E.2d 656 (Ga. Ct. App. 2001). · cites it 4× “The Supreme Court concludes its opinion by stating that reverse sting operations using illegal drugs are authorized under Georgia law: Since law enforcement officers are authorized by OCGA § 16-13-35 (c) (4) to possess controlled substances while acting in the course of their…”

Chua v. State, 710 S.E.2d 540 (Ga. 2011). · cites it 2× “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…”

Duvall v. State, 699 S.E.2d 761 (Ga. Ct. App. 2010). · cites it 2× “by anyone other than the individuals specified in Code Section 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Section…”

Curtis v. State, 323 S.E.2d 684 (Ga. Ct. App. 1984). · cites it 2× “OCGA § 16-13-35 (c) (4). Furthermore, in light of our discussion and the cases cited in Division 3 of this opinion, we view this charge as a correct statement of the law insofar as it concerns a law enforcement officer’s distribution of a controlled substance.”

Giraldo v. State, 547 S.E.2d 651 (Ga. Ct. App. 2001). · cites it 6× “Gober, 14 the obligation of the State is simply to maintain accurate records as to the origin of the drugs; an esoteric analysis interpreting away the ability of anyone to “own” these drugs simply misses the mark, since law enforcement officers are authorized by OCGA § 16-13-35…”

Medley v. State, 390 S.E.2d 75 (Ga. Ct. App. 1990). · cites it 2× “” The term “ultimate user” is defined by OCGA § 16-13-21 (28) to mean, in relevant part, “a person who lawfully possesses a controlled substance for his own use [or] for the use of a member of his household.”

Hourin v. State (Ga. 2017). · cites it 6× “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 3 OCGA § 16-13-35 (a) mandates registration with the State Board of Pharmacy by anyone “who manufactures, distributes, or…”

Evans v. the State, 766 S.E.2d 821 (Ga. Ct. App. 2014). · cites it 2× “…Criminal Cases (2013), § 2.70.10. 8 Absent exceptions such as lawful possession, which was charged to the jury. See OCGA § 16-13-35 (c).”

Kenneth Jerome Roundtree v. State (Ga. Ct. App. 2021). · cites it 2× “, OCGA § 16-13-35 (3) (GG) (including in the list of Schedule 1 controlled substances “[a]ny material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers (whether optical, position, or geometrics), and…”

— 16-13-35(c)(4) — 2 cases

Dean v. Gober, 524 S.E.2d 722 (Ga. 1999). “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.”

Gober v. State, 547 S.E.2d 656 (Ga. Ct. App. 2001). “The Supreme Court concludes its opinion by stating that reverse sting operations using illegal drugs are authorized under Georgia law: Since law enforcement officers are authorized by OCGA § 16-13-35 (c) (4) to possess controlled substances while acting in the course of their…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.