Unauthorized Distribution and Dispensation; Refusal or Failure to Keep Records; Refusal to Permit Inspection; Unlawfully Maintaining Structure or Place; Penalty

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Controlled Substances
  5. Regulation of Controlled Substances
  6. Schedules, Offenses, and Penalties
  7. Unauthorized Distribution and Dispensation; Refusal or Failure to Keep Records; Refusal to Permit Inspection; Unlawfully Maintaining Structure or Place; Penalty

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  1. It is unlawful for any person:
    1. Who is subject to the requirements of Code Section 16-13-35 to distribute or dispense a controlled substance in violation of Code Section 16-13-41;
    2. Who is a registrant to manufacture a controlled substance not authorized by his registration or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
    3. To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this article;
    4. To refuse an entry into any premises for any inspection authorized by this article; or
    5. Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this article for the purpose of using these substances, or which is used for keeping or selling them in violation of this article.
  2. Any person who violates this Code section is guilty of a felony and, upon conviction thereof, may be imprisoned for not more than five years, fined not more than $25,000.00, or both.

(Code 1933, § 79A-821, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 10.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 19 et seq., 31, 40, 45, 168, 196.

C.J.S.

- 28 C.J.S., Drugs and Narcotics, §§ 188, 189, 196, 210 et seq., 263 et seq.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 402.

ALR.

- What constitutes "possession" of a narcotic drug proscribed by § 2 of the Uniform Narcotic Drug Act, 91 A.L.R.2d 810.

Offense of aiding and abetting illegal possession of drugs or narcotics, 47 A.L.R.3d 1239.

Permitting unlawful use of narcotics in private home as criminal offense, 54 A.L.R.3d 1297.

Validity and construction of statute creating presumption or inference of intent to sell from possession of specified quantity of illegal drugs, 60 A.L.R.3d 1128.

Common-law right of action for damage sustained by plaintiff in consequence of sale or gift of intoxicating liquor or habit-forming drug to another, 97 A.L.R.3d 528; 62 A.L.R.4th 16.

Narcotics conviction as crime of moral turpitude justifying disbarment or other disciplinary action against attorney, 99 A.L.R.3d 288.

Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 A.L.R.3d 854.

Social host's liability for injuries incurred by third parties as a result of intoxicated guest's negligence, 62 A.L.R.4th 16.

Validity, construction, and application of state or local law prohibiting maintenance of vehicle for purpose of keeping or selling controlled substances, 31 A.L.R.5th 760.


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