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2018 Georgia Code 16-13-78 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

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

ARTICLE 3 DANGEROUS DRUGS

16-13-78. Obtaining or attempting to obtain dangerous drugs by fraud, forgery, or concealment of material fact.

  1. No person shall obtain or attempt to obtain any dangerous drug or attempt to procure the administration of any such drug by:
    1. Fraud, deceit, misrepresentation, or subterfuge;
    2. The forgery or alteration of any prescription or of any written order;
    3. The concealment of a material fact; or
    4. The use of a false name or the giving of a false address.
  2. Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
  3. Nothing in this Code section shall apply to drug manufacturers or their agents or employees when such manufacturers or their agents or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the manufacturer's trademark.

(Code 1933, § 79A-9910, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1970, p. 461, § 1.)

JUDICIAL DECISIONS

Failure of evidence to sustain conviction.

- When the defendant was indicted for obtaining or attempting to obtain "dangerous drugs" by fraud, forgery, or concealment of a material fact, but the drugs were actually "Halcion" and "Lortab," both controlled substances, conviction of the defendant for violations involving controlled substances was not supported by the evidence because it was for a different offense than originally charged and the trial court erred in failing to direct a verdict of acquittal. Tibbs v. State, 211 Ga. App. 250, 438 S.E.2d 706 (1993).

Cited in Gieger v. Hopper, 232 Ga. 408, 207 S.E.2d 41 (1974); Rosenbaum v. Dunn, 136 Ga. App. 870, 222 S.E.2d 596 (1975).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 196, 197, 203, 204, 205.

C.J.S.

- 28 C.J.S., Drugs and Narcotics, § 169.

ALR.

- Procuring signature by fraud as forgery, 11 A.L.R.3d 1074.

Construction of provision of Uniform Narcotic Drug Act or similar statute dealing with obtaining or procuring the administration of a narcotic drug by fraud or deceit, 25 A.L.R.3d 1118.

Marijuana, psilocybin, peyote, or similar drugs of vegetable origin as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1164.

LSD, STP, MDA, or other chemically synthesized hallucinogenic or psychedelic substances as narcotics for purposes of drug prosecution, 50 A.L.R.3d 1284.

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