Exceptions

1. Law
2. Georgia Code
3. Crimes and Offenses
4. Controlled Substances
5. Regulation of Controlled Substances
6. Prescription Drug Monitoring Program Data Base
7. Exceptions

1. This part shall not apply to any veterinarian.
2. This part shall not apply to any drug, substance, or immediate precursor classified as an exempt over the counter (OTC) Schedule V controlled substance pursuant to this chapter or pursuant to board rules established in accordance with Code Section 16-13-29.2.

(Code 1981, §16-13-65, enacted by Ga. L. 2011, p. 659, § 2/SB 36; Ga. L. 2017, p. 319, § 1-2/HB 249.)

Editor's notes.

- Ga. L. 2017, p. 319, § 1-2/HB 249, effective July 1, 2017, reenacted this Code section without change.

Ga. L. 2017, p. 319, § 1-1/HB 249, not codified by the General Assembly, provides: "This part shall be known and may be cited as the 'Jeffrey Dallas Gay, Jr., Act.'"

Law reviews.

- For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017).

ARTICLE 3 DANGEROUS DRUGS

Cross references.

- Disciplinary action for student of public educational institution convicted of controlled substance offense, § 20-1-23.

Disciplinary action for student of nonpublic educational institution convicted of controlled substance abuse, § 20-1-24.

Enforcement powers of director of Georgia Drugs and Narcotics Agency and drug agents under article generally, § 26-4-29.

JUDICIAL DECISIONS

Constitutionality.

- O.C.G.A. Art. 3, Ch. 13, T. 16 is not unconstitutionally vague, nor does it constitute illegal delegation of legislative authority for failing to list or codify which drugs are dangerous. Ward v. State, 248 Ga. 60, 281 S.E.2d 503 (1981).

Cited in Craig v. State, 130 Ga. App. 689, 204 S.E.2d 307 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Enforcement of article.

- Georgia State Board of Pharmacy lacks discretion to refrain from enforcing O.C.G.A. Art. 3, Ch. 13, T. 16. 1982 Op. Att'y Gen. No. 82-44.

Applicability to state and local agencies.

- State and local agencies are subject to the requirements of the Georgia Controlled Substances Act, O.C.G.A. § 16-13-20 et seq., but are not subject to the requirements of the Dangerous Drug Act, O.C.G.A. § 16-13-70 et seq., since there is no definition of "person" specifically applicable to the Dangerous Drug Act. 1986 Op. Att'y Gen. No. 86-28.

RESEARCH REFERENCES

ALR.

- Conviction of possession of illicit drugs found in premises of which defendant was in nonexclusive possession, 56 A.L.R.3d 948.

Conviction of possession of illicit drugs found in automobile of which defendant was not sole occupant, 57 A.L.R.3d 1319.

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