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O.C.G.A. § 43-34-125 — Receipt of marijuana by board; distribution; responsibility for costs of obtaining and testing marijuana | Georgia Code
O.C.G.A. § 43-34-125 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 43 PROFESSIONS AND BUSINESSES

Section 34. Physicians, Acupuncture, Physician Assistants, Cancer and Glaucoma Treatment, Respiratory Care, Clinical Perfusionists, and Orthotics and Prosthetics Practice, 43-34-1 through 43-34-290.

ARTICLE 5 USE OF MARIJUANA FOR TREATMENT OF CANCER AND GLAUCOMA

43-34-125. Receipt of marijuana by board; distribution; responsibility for costs of obtaining and testing marijuana.

  1. The board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the United States Food and Drug Administration, and the United States Drug Enforcement Administration.
  2. The board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana.

(Code 1933, § 84-906A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 2009, p. 859, § 1/HB 509; Ga. L. 2017, p. 774, § 43/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "the United States Food and Drug Administration, and the United States Drug Enforcement Administration" for "the Food and Drug Administration, and the Federal Drug Enforcement Agency" at the end of subsection (a).

JUDICIAL DECISIONS

Cited in May v. State, 179 Ga. App. 736, 348 S.E.2d 61 (1986).

RESEARCH REFERENCES

C.J.S.

- 28 C.J.S., Drugs and Narcotics, §§ 71, 72.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.