Unauthorized Distribution; Penalties

  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; Penalties

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  1. It is unlawful for any person:
    1. Who is a registrant to distribute a controlled substance classified in Schedule I or II, except pursuant to an order form as required by Code Section 16-13-40;
    2. To use, in the course of the manufacture or distribution of a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;
    3. To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or theft;
    4. To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document or record required to be kept or filed under this article;
    5. To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing, upon any drug or container or labeling thereof so as to render the drug a counterfeit substance; or
    6. To withhold information from a practitioner that such person has obtained a controlled substance of a similar therapeutic use in a concurrent time period from another practitioner.
  2. Any person who violates this Code section is guilty of a felony and, upon conviction thereof, may be imprisoned for not more than eight years or fined not more than $50,000.00, or both.

(Code 1933, § 79A-819, enacted by Ga. L. 1967, p. 296, § 1; Code 1933, § 79A-822, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 11; Ga. L. 1985, p. 1219, § 6; Ga. L. 1987, p. 261, § 6.)

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, 263, 269.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 403.

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.

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.

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.


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