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

O.C.G.A. § 26-3-5 (2019)

Duty of prosecuting attorney upon report of violation; notice to possible defendant

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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It shall be the duty of each prosecuting attorney to whom the State Board of Pharmacy reports any violation of this chapter to cause appropriate criminal proceedings to be instituted in the appropriate court without delay and to prosecute same in the manner provided by law. Before any violation of this chapter is reported to any prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the State Board of Pharmacy or its designated agent, either orally or in writing, in person, or by attorney with regard to such contemplated proceedings.

History

Ga. L. 1961, p. 529, § 7; Code 1933,

§ 79A-1006, enacted by Ga. L. 1967, p. 296, § 1.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Board can still notify federal authorities when violator outside jurisdiction. - When the alleged violator is outside the jurisdiction of the State Board of Pharmacy, the recourse of the Board lies in the notification of the federal au-

thorities charged with the enforcement of federal laws in the area of nonmailable items and the regulation of drugs, medicines, and poisons. 1969 Op. Att’y Gen. No. 69-121.

RESEARCH REFERENCES C.J.S. 28 C.J.S. Drugs and Narcotics, § 188 et seq.