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

O.C.G.A. § 43-34-126 (2019)

Immunity of program participants from state prosecution for possession or use of authorized marijuana

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such possession, distribution, or other use not authorized by this article shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies.

History

Code 1933, § 84-907A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L.

1992, p. 1634, § 1; Ga. L. 2009, p. 859, § 1/HB 509.

Annotations

RESEARCH REFERENCES C.J.S. - 28 C.J.S., Drugs and Narcotics, §§ 211, 212, 225, 226.

ARTICLE 6 RESPIRATORY CARE Editor’s notes. - Ga. L. 1986, p. 264, § 2, which enacted this article, provides that this article shall become effective upon necessary appropriations being specifically made by the General Assembly to fund this article and that the article shall stand repealed should the General Assembly ever thereafter fail to fully appropriate

the funds necessary to implement this article. The funding necessary to implement this article was made beginning fiscal year 1987. Funds were appropriated in the 2014, 2015, 2016, 2017, 2018, 2019, 2020, and 2021 sessions of the General Assembly for the continued funding of the ‘‘Respiratory

Care Practices Act’’ (1986) for the purpose of licensing qualified applicants as physicians, physician assistants, respiratory care professionals, perfusionists, acupunturists, orthotists, prosthetists, and auricular (ear) detoxification specialists, as well as to investigate complaints

and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licenses. Law reviews. - For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Carlson v. State, 524 S.E.2d 283 (Ga. Ct. App. 1999).
Sort: Relevance Newest Treatment
Carlson v. State, 524 S.E.2d 283 (Ga. Ct. App. 1999). · cites it 2× “Nor did Carlson claim he was a patient participant in a designated program and thereby entitled to immunity from prosecution under OCGA § 43-34-126. In seeking this charge, Carlson was effectively attempting to supplant the legislature’s decision not to establish an exception to…”
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.