§ 15-8. Drugs and drug implements.

(a)

It shall be unlawful for any unauthorized person to possess drugs.

(b)

It shall be unlawful for any person to possess any apparatus, device or instrument for the authorized use of drugs when not authorized by a physician, dentist, veterinarian or hospital.

(c)

It shall be unlawful for any person, except a dealer in surgical instruments, physician, apothecary, dentist, veterinarian or nurse, attendant or intern of a hospital, sanatorium or institution in which persons are treated for disability or disease, at any time to have, possess, or buy a hypodermic needle or hypodermic syringe unless said possession or purchase is authorized by the prescription or the certificate of a physician, dentist or veterinarian. It shall be unlawful to sell a hypodermic needle or hypodermic syringe unless such sale is authorized by prescription or certificate of a physician, dentist, or veterinarian, and the prescription or certificate is not to be refilled or renewed unless authorized by the prescriber; provided that this subsection shall not apply if possession, sale or purchase was for a harmless purpose.

(d)

All hypodermic syringes and hypodermic needles shall be destroyed when no longer in use for medical purposes. Hypodermic needles shall be broken off from the hub, glass hypodermic syringes shall be broken, and disposable hypodermic syringes shall be incinerated.

(e)

The following words and phrases used in this section shall have the following meanings unless the context otherwise requires:

Apothecary: A licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist. Nothing in this section shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right or privilege that is not granted to him by the pharmacy laws of this state.

Coca leaves: Cocaine, and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.

Dentist: A person authorized by law to practice dentistry in this state.

Drugs: The term drugs shall include:

(1)

Methylphenidate HCI (Ritalin);

(2)

Phencyclidine HCI (PCP);

(3)

Methylbenzilate;

(4)

Diethyltryptamine (DET);

(5)

N-Methyl-3-piperidyl benzilate HCI (LBJ, JB-336);

(6)

N-Ethyl-3-piperidyl benzilate HCI (JB-318);

(7)

Benactylzine HCI (DMZ);

(8)

3, 4-Methylenedioxy amphetamine HCI (MDA);

(9)

4-Methyl-2, 5-dimethoxyamphetamine HCI (STP, DOM);

(10)

Dipropyltryptamine (DPT);

(11)

Chloridiazepoxide (Librium);

(12)

Asmadore;

(13)

Any drug, which under the "Federal Food, Drug and Cosmetic Act" (52 Stat. 1040 (1938), Title 21, United States Code, § 301), or under any law of this state, may be dispensed only upon prescription;

(14)

Any drug which the state board of pharmacy shall determine to be dangerous or detrimental to the public health taken in accordance to directions; unless:

a.

Such drug was obtained upon a valid prescription and is held in the original container in which such drug was delivered; or

b.

Such drug was delivered by a practitioner in the course of his professional practice and the drug is held in the immediate container in which said drug was delivered;

(15)

Coca leaves, opium, isonipecaine, marijuana, and every other substance neither chemically nor physically distinguishable from them and any other drugs to which the federal laws relating to narcotics may now apply; and any drug found by the state board of pharmacy to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine.

Hospital: An institution for the care and treatment of the sick and injured approved by the state board of pharmacy as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian.

Marijuana: All parts of the plant Cannibis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plants, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of such plant which is incapable of germination.

Opium: Morphine, codeine, and herein, and any compound, manufacture, salt, derivative, mixture or preparation of opium, but not apomorphine or any of its salts.

Physician: A person authorized to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment, osteopaths who are authorized to secure a federal narcotic permit as allowed physicians and other persons; provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer, for the alleviation of pain only, certain narcotic drugs, to wit: Those narcotic drugs or their derivative, the sale or dispensing of which is regulated by the federal act known as "The Harrison Narcotic Act," as amended, said act being set out in 26 U.S.C.A., (Int. Rev. Code), § 3220 et seq.

Veterinarian: A person authorized by law to practice veterinary medicine in this state.

(Ord. No. 69-12, §§ I—V, 12-29-69)

State law reference

Similar provisions, O.C.G.A. § 16-13-1 et seq.