(1.5) Armodafinil;
(2.1) Bromazepam;
(2.15) Butorphanol;
(2.25) Carisoprodol;
(2.3) Cathine;
(5.1) Clobazam;
(8.5) Dexfenfluramine;
(11.05) Difenoxin;
(11.5) Eluxadoline;
(13.15) Etizolam;
(13.2) Fencamfamin;
(14.2) Fenproporex;
(19.2) Mefenorex;
(22.1) Modafinil;
(29.1) Pipradrol;
(30.05) Propoxyphene (including all salts and optical isomers);
(30.07) Pyrazolam;
(30.1) Quazepam;
(30.2) Sibutramine;
(30.25) Solriamfetol, including its salts, isomers, and salts of isomers;
(30.3) SPA (-)-1-dimethylamino-1, 2-diphenylethane;
(30.5) Suvorexant;
(31.5) Tramadol[2-((dimethylamino)methyl)-1-(3-methoxy-phenyl) cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers];
(Code 1933, § 79A-809, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1977, p. 1287, § 1; Ga. L. 1979, p. 859, § 8; Ga. L. 1980, p. 1746, § 7; Ga. L. 1981, p. 557, § 4; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 2403, §§ 14, 19; Ga. L. 1984, p. 22, § 16; Ga. L. 1985, p. 1219, § 4; Ga. L. 1986, p. 10, § 16; Ga. L. 1986, p. 1555, § 4; Ga. L. 1987, p. 261, § 5; Ga. L. 1989, p. 233, § 4; Ga. L. 1990, p. 8, § 16; Ga. L. 1993, p. 590, § 2; Ga. L. 1994, p. 169, § 5; Ga. L. 1996, p. 1023, § 1; Ga. L. 1997, p. 1311, § 3; Ga. L. 1998, p. 778, § 2; Ga. L. 1999, p. 643, § 1; Ga. L. 2000, p. 1317, § 3; Ga. L. 2003, p. 349, § 4; Ga. L. 2006, p. 219, § 2/HB 1054; Ga. L. 2007, p. 47, § 16/SB 103; Ga. L. 2008, p. 169, § 5/HB 1090; Ga. L. 2009, p. 126, §§ 3, 4/HB 368; Ga. L. 2010, p. 860, § 3/SB 353; Ga. L. 2011, p. 656, § 5/SB 93; Ga. L. 2014, p. 217, § 5/HB 835; Ga. L. 2015, p. 883, § 4/HB 211; Ga. L. 2016, p. 798, § 4/HB 783; Ga. L. 2017, p. 14, § 7/HB 231; Ga. L. 2019, p. 820, § 2/HB 483; Ga. L. 2020, p. 16, § 1/HB 759.)
The 2016 amendment, effective May 3, 2016, in subsection (a), deleted paragraph (a)(0.5), which read: "Alfaxalone;", substituted "Alfaxalone" for "Alprazolam" in paragraph (a)(1), deleted paragraph (a)(2.2), which read: "Camazepam;", substituted "Reserved" for "Clonazepam" in paragraph (a)(6), deleted paragraph (a)(7), which read: "Clorazepate;", redesignated former paragraph (a)(7.1) as present paragraph (a)(7), deleted paragraph (a)(7.2), which read: "Cloxazolam;", deleted paragraph (a)(7.3), which read: "Delorazepam;", substituted "Reserved" for "Desmethyldiazepam" in paragraph (a)(8), substituted "Reserved" for "Diazepam" in paragraph (a)(10), deleted paragraph (a)(11.1), which read: "Estazolam;", added paragraph (a)(11.5), deleted paragraph (a)(13.1), which read: "Ethyl loflazepate", deleted paragraph (a)(14.1), which read: "Flunitrazepam;", deleted paragraph (a)(15), which read: "Flurazepam;", redesignated former paragraph (a)(15.3) as present paragraph (a)(15), deleted paragraph (a)(16), which read: "Halazepam;", deleted paragraph (a)(16.1), which read: "Haloxazolam;", redesignated former paragraph (a)(16.15) as present paragraph (a)(16), deleted paragraph (a)(16.2), which read: "Ketazolam;", deleted paragraph (a)(16.3), which read: "Lometazepam;", deleted paragraph (a)(16.4), which read: "Loprazolam;", deleted paragraph (a)(17), which read: "Lorazepam;", redesignated former paragraph (a)(17.5) as present paragraph (a)(17), deleted paragraph (a)(19.1), which read: "Medazepam;", deleted paragraph (a)(22.1), which read: "Midazolam;", redesignated former paragraph (a)(22.15) as present paragraph (a)(22.1), deleted paragraph (a)(22.2), which read: "Nimetazepam;", deleted paragraph (a)(22.3), which read: "Nitrazepam;", deleted paragraph (a)(22.4), which read: "Nordiazepam;", substituted "Reserved" for "Oxazepam" in paragraph (a)(23), deleted paragraph (a)(23.1), which read: "Oxazolam;", deleted paragraph (a)(27.5), which read: "Phenazepam;", deleted paragraph (a)(30), which read: "Prazepam;", redesignated former paragraph (a)(30.03) as present paragraph (a)(30), added paragraph (a)(30.07), substituted "Reserved" for "Temazepam" in paragraph (a)(31), deleted paragraph (a)(32), which read: "Triazolam;", and redesignated former paragraph (a)(32.5) as present paragraph (a)(32); added subsection (b); redesignated former subsection (b) as present subsection (c), and, in subsection (c), inserted "or (b)" near the middle.
The 2017 amendment, effective April 17, 2017, added "or a thione" at the end of paragraph (b)(1).
The 2019 amendment, effective May 7, 2019, added "(including its salts, isomers, and salts of isomers)" at the end of paragraph (a)(34).
The 2020 amendment, effective June 29, 2020, added paragraph (a)(30.25).
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1998, the new paragraph added in 1998 was redesignated as paragraph (a)(30.2), and former paragraph (a)(30.2) was redesignated as paragraph (a)(30.3).
Administrative Rules and Regulations.- Registration requirements under the Georgia Controlled Substances Act, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-20. Requirements of a prescription drug order, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-22.
JUDICIAL DECISIONS
Constitutionality.
- Former Code 1933, § 79A-809 (see now O.C.G.A. § 16-13-28) 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 sections deal with separation of powers and delegations of legislative power respectively. Harmon v. State, 235 Ga. 329, 219 S.E.2d 441 (1975).
Identification of drug.
- Mere proof of a trade name of a controlled substance is insufficient evidence to sustain a conviction under the Controlled Substances Act, O.C.G.A. § 16-13-20 et seq.; however, circumstantial evidence was sufficient to authorize the jury's determination that Darvocet N-100 tablets defendant fraudulently obtained were the controlled substance dextropropoxyphene as alleged in the indictment. Hulsey v. State, 220 Ga. App. 64, 467 S.E.2d 610 (1996).
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 Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981); Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981); Castillo v. State, 166 Ga. App. 817, 305 S.E.2d 629 (1983); Davis v. State, 232 Ga. App. 882, 502 S.E.2d 779 (1998); Williams v. State, 279 Ga. App. 83, 630 S.E.2d 601 (2006); Noellien v. State, 298 Ga. App. 47, 679 S.E.2d 75 (2009); Torres v. State, 298 Ga. App. 158, 679 S.E.2d 757 (2009); Syms v. State, 331 Ga. App. 225, 770 S.E.2d 305 (2015).
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, 211, 212, 219.
U.L.A.- Uniform Controlled Substances Act (U.L.A.) § 210.