O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-13-78 (2019)

Obtaining or attempting to obtain dangerous drugs by fraud, forgery, or concealment of material fact

✓ 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) 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.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(c) 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.

History

Code 1933, § 79A-9910, enacted by Ga.

L. 1967, p. 296, § 1; Ga. L. 1970, p. 461, § 1.

Annotations

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 Ga. App. LEXIS 1458 (1993). 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 ad-

ministration 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.

Notes of Decisions
Cited in 2 cases, 1986–1993 · leading case: Tibbs v. State, 438 S.E.2d 706 (Ga. Ct. App. 1993).
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Tibbs v. State, 438 S.E.2d 706 (Ga. Ct. App. 1993). · cites it 4× “The indictment alleged obtaining or attempting to obtain dangerous drugs by fraud, forgery, or concealment of material fact under OCGA § 16-13-78, a misdemeanor. “Dangerous drugs” are defined in OCGA § 16-13-71, and controlled substances are specifically excluded.”
James Irvin Tyree v. J.D. White, Warden, & the Attorney Gen. of the State of Alabama, 796 F.2d 390 (11th Cir. 1986). “The Georgia repeat offender statute would not apply in that it requires a prior felony and Tyree was shown to have only one prior misdemeanor conviction for possession of marijuana. Ga.Code § 7-10-7.”
— 16-13-78(a) — 1 case
James Irvin Tyree v. J.D. White, Warden, & the Attorney Gen. of the State of Alabama, 796 F.2d 390 (11th Cir. 1986). “The Georgia repeat offender statute would not apply in that it requires a prior felony and Tyree was shown to have only one prior misdemeanor conviction for possession of marijuana. Ga.Code § 7-10-7.”
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.