(Code 1933, § 79A-803, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1982, p. 3, § 16.)
Cross references.- State Board of Pharmacy generally, § 26-4-30 et seq.
JUDICIAL DECISIONS
Constitutionality.
- Former Code 1933, § 79A-803 (see now O.C.G.A. § 16-13-22) was not unconstitutional as violative of Ga. Const. 1976, Art. I, Sec. II, Para. IV, and Art. III, Sec. I, Para. I (see now Ga. Const. 1983, Art. I, Sec. II, Para. III, and Art. III, Sec. I, Para. I), which provisions deal with separation of powers and delegation of legislative power respectively. Harmon v. State, 235 Ga. 329, 219 S.E.2d 441 (1975).
Former Code 1933, § 79A-801 et seq. (see now O.C.G.A. § 16-13-20 et seq.) was not an unconstitutional delegation of legislative authority on the ground that the General Assembly had failed to maintain control over the determination of whether a substance should fall within its purview, since these provisions provide that the State Board of Pharmacy "shall consider" nine factors and shall make findings after considering those nine factors. Consideration of the statutory factors was mandatory. Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981).
State failed to prove drug regulated by law.
- Defendant was improperly convicted of violating the Georgia's Controlled Substances Act, O.C.G.A. § 16-13-20 et seq., by distributing a Schedule IV drug, Zolpidem, which was commonly known as Ambien, O.C.G.A. §§ 16-13-28(a)(33) and16-13-30(b), because the state failed to prove that the drug Ambien was regulated by law, and the trade name of a statutorily designated controlled substance was not the proper subject of judicial notice; while the state presented evidence that the defendant admitted to distributing Ambien and produced testimony that "Ambien" was a Schedule IV controlled substance, the state was required to identify "Ambien" as a trade name for Zolpidem through admissible evidence. DeLong v. State, 310 Ga. App. 518, 714 S.E.2d 98 (2011).
Cited in Cochran v. State, 136 Ga. App. 94, 220 S.E.2d 83 (1975); Davis v. State, 143 Ga. App. 329, 238 S.E.2d 289 (1977).
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Drugs and Controlled Substances, § 10.
C.J.S.- 28 C.J.S., Drugs and Narcotics, §§ 69, 70, 210 et seq.
U.L.A.- Uniform Controlled Substances Act (U.L.A.) § 201.