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2018 Georgia Code 16-13-75 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-13-75 Case Law from Google Scholar Amendments to OCGA 16-13-75

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 3 DANGEROUS DRUGS

16-13-75. Drugs to be kept in original container; exception.

  1. Possession and control of controlled substances or dangerous drugs 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 26-3-8.
  2. The possession, filling, and use of canisters for remote automated medication systems pursuant to subsection (i) of Code Section 16-13-41 shall not be considered a violation of this Code section.

(Ga. L. 1939, p. 288, § 5; Code 1933, § 79A-707, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1996, p. 356, § 7; Ga. L. 2011, p. 308, § 3/HB 457.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "Code Section 16-13-35" was substituted for "Code Sections 16-13-35" (now subsection (a)).

JUDICIAL DECISIONS

Search and seizure; pill box not immediately identifiable as contraband.

- State failed to prove that an officer's opening of a pill container found in the defendant's pocket was justified based on consent when the defendant only consented to the removal of the pill box from the defendant's pocket, and the box was not immediately identifiable as contraband. The defendant's convictions on controlled substances charges were reversed. McCormack v. State, 325 Ga. App. 183, 751 S.E.2d 904 (2013).

Cited in Thackston v. State, 178 Ga. App. 408, 343 S.E.2d 171 (1986); Black v. State, 194 Ga. App. 660, 391 S.E.2d 432 (1990).

RESEARCH REFERENCES

ALR.

- Construction of provision of Uniform Narcotic Drug Act requiring a physician's prescription as a prerequisite to a pharmacist's sale of narcotics, 10 A.L.R.3d 560.

Cases Citing O.C.G.A. § 16-13-75

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Duvall v. State, 712 S.E.2d 850 (Ga. 2011).

Cited 21 times | Published | Supreme Court of Georgia | Jul 11, 2011 | 289 Ga. 540, 2011 Fulton County D. Rep. 2178

...The question posed on certiorari is whether the Court of Appeals erred "in affirming the defendant's convictions for possession of a controlled substance and possession of a controlled substance not in its original container, and in particular, in construing OCGA §§ 16-13-30(a) and 16-13-75 not to require the defendant to know that the pills he possessed were a controlled substance." Because we find that the Court of Appeals did err, we reverse the judgment of conviction and remand for a new trial....
...On appeal, the Court of Appeals considered, among other claims, [1] whether Duvall should have received at trial a jury instruction on mistake of fact. The Court of Appeals held that the mens rea required for conviction under OCGA §§ 16-13-30(a) and 16-13-75 was simply knowledge that one possessed some drug....
...ance under Georgia law. Were that the case, the Court of Appeals' analysis of the matter would have been correct. Possession of a controlled substance is not a strict liability offense. Here, the criminal intent required by OCGA §§ 16-13-30(a) and 16-13-75 is intent to possess a drug with knowledge of the chemical identity of that drug. The actus reus in these statutes is possession of the drug, which one knows oneself to possess, when that drug is a controlled substance (in addition to the "original container" requirements of OCGA § 16-13-75)....