Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such possession, distribution, or other use not authorized by this article shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies.
(Code 1933, § 84-907A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 1992, p. 1634, § 1; Ga. L. 2009, p. 859, § 1/HB 509.)
RESEARCH REFERENCES
C.J.S.
- 28 C.J.S., Drugs and Narcotics, §§ 211, 212, 225, 226.
ARTICLE 6 RESPIRATORY CARE
Editor's notes.
- Ga. L. 1986, p. 264, § 2, which enacted this article, provides that this article shall become effective upon necessary appropriations being specifically made by the General Assembly to fund this article and that the article shall stand repealed should the General Assembly ever thereafter fail to fully appropriate the funds necessary to implement this article. The funding necessary to implement this article was made beginning fiscal year 1987.
Funds were appropriated in the 2014, 2015, 2016, 2017, 2018, 2019, and 2020 sessions of the General Assembly for the continued funding of the "Respiratory Care Practices Act" (1986) for the purpose of licensing qualified applicants as physicians, physician assistants, respiratory care professionals, perfusionists, acupunturists, orthotists, prosthetists, and auricular (ear) detoxification specialists, as well as to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licenses.
Law reviews.- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).