Schedule v

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Controlled Substances
  5. Regulation of Controlled Substances
  6. Schedules, Offenses, and Penalties
  7. Schedule v

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The controlled substances listed in this Code section are included in Schedule V:

  1. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic, active, medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
    1. Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;
    2. Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;
    3. Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;
    4. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
    5. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;

    (1.5) Epidiolex: A drug product in finished dosage formulation in its original container that has been approved by and labeled in compliance with the U.S. Food and Drug Administration (FDA) that contains cannabidiol (CBD) derived from cannabis and contains no more than 0.1 percent (w/w) residual tetrahydrocannabinols;

  2. Lacosamide;
  3. Pregabalin;
  4. Pyrovalerone;
  5. Pseudoephedrine as an exempt over-the-counter Schedule V controlled substance distributed in the same manner as set forth in Code Section 16-13-29.2; provided, however, that such exemption shall take effect immediately and shall not require rule making by the State Board of Pharmacy; provided, further, that wholesale drug distributors located within this state and licensed by the State Board of Pharmacy and which are registered and regulated by the DEA shall not be subject to any board requirements for controlled substances for the storage, reporting, record keeping, or physical security of drug products containing pseudoephedrine which are more stringent than those included in DEA regulations;
  6. Ezogabine; or
  7. Brivaracetam.

(Code 1933, § 79A-810, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 9; Ga. L. 1979, p. 859, § 9; Ga. L. 1980, p. 1746, § 8; Ga. L. 1981, p. 557, § 5; Ga. L. 1984, p. 1019, § 2; Ga. L. 1986, p. 1555, § 5; Ga. L. 1989, p. 233, § 5; Ga. L. 1993, p. 590, § 3; Ga. L. 2003, p. 349, § 5; Ga. L. 2007, p. 605, § 2/HB 286; Ga. L. 2010, p. 860, § 4/SB 353; Ga. L. 2011, p. 656, § 6/SB 93; Ga. L. 2012, p. 40, § 4/SB 370; Ga. L. 2015, p. 5, § 16/HB 90; Ga. L. 2017, p. 14, § 8/HB 231; Ga. L. 2019, p. 820, § 3/HB 483; Ga. L. 2020, p. 493, § 16/SB 429.)

The 2017 amendment, effective April 17, 2017, deleted "or" at the end of paragraph (5), substituted a semicolon for a period at the end of paragraph (6), and added paragraph (7).

The 2019 amendment, effective May 7, 2019, added paragraph (1.5).

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "rule making" for "rulemaking" in the first proviso of paragraph (5).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2003, a semicolon was substituted for a period at the end of paragraph (2).

Pursuant to Code Section 28-9-5, in 2017, "or" was added at the end of paragraph (6).

Editor's notes.

- Ga. L. 2012, p. 40, § 1/SB 370, not codified by the General Assembly, which provides for the annual update of the identity of controlled substances and dangerous drugs, is dedicated to the memory of Chase Corbitt Burnett and shall be known and may be cited as "Chase's Law."

Administrative Rules and Regulations.

- Registration requirements under 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

Cited in Taylor v. State, 144 Ga. App. 534, 241 S.E.2d 590 (1978); Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981); Printup v. State, 159 Ga. App. 574, 284 S.E.2d 82 (1981); C. W. v. Department of Human Services, 353 Ga. App. 360, 836 S.E.2d 836 (2019).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, § 10.

C.J.S.

- 28 C.J.S., Drugs and Narcotics, §§ 219, 286, 287.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 212.


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