Drugs to Be Kept in Original Container; Exception

1. Law
2. Georgia Code
3. Crimes and Offenses
4. Controlled Substances
5. Dangerous Drugs
6. Drugs to Be Kept in Original Container; Exception

1. Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Section 16-13-35 or 16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Section 26-3-8.
2. The possession, filling, and use of canisters for remote automated medication systems pursuant to subsection (i) of Code Section 16-13-41 shall not be considered a violation of this Code section.

(Ga. L. 1939, p. 288, § 5; Code 1933, § 79A-707, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1996, p. 356, § 7; Ga. L. 2011, p. 308, § 3/HB 457.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "Code Section 16-13-35" was substituted for "Code Sections 16-13-35" (now subsection (a)).

JUDICIAL DECISIONS

Search and seizure; pill box not immediately identifiable as contraband.

- State failed to prove that an officer's opening of a pill container found in the defendant's pocket was justified based on consent when the defendant only consented to the removal of the pill box from the defendant's pocket, and the box was not immediately identifiable as contraband. The defendant's convictions on controlled substances charges were reversed. McCormack v. State, 325 Ga. App. 183, 751 S.E.2d 904 (2013).

Cited in Thackston v. State, 178 Ga. App. 408, 343 S.E.2d 171 (1986); Black v. State, 194 Ga. App. 660, 391 S.E.2d 432 (1990).

RESEARCH REFERENCES

ALR.

- Construction of provision of Uniform Narcotic Drug Act requiring a physician's prescription as a prerequisite to a pharmacist's sale of narcotics, 10 A.L.R.3d 560.

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