2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 13 - Controlled Substances
Article 2 - Regulation of Controlled Substances
Part 1 - Schedules, Offenses, and Penalties
§ 16-13-27. Schedule Iii

The controlled substances listed in this Code section are included in Schedule III:

1. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
   1. Those compounds, mixtures, or preparations in dosage unit forms containing any stimulant substances which are listed as excepted compounds by the State Board of Pharmacy pursuant to this article, and any other drug of quantitative composition so excepted or which is the same except that it contains a lesser quantity of controlled substances;
   2. Benzphetamine;
   3. Chlorphentermine;
   4. Clortermine;
   5. Phendimetrazine;
2. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances included as having a depressant effect on the central nervous system:
   1. Any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any salts thereof and one or more active medicinal ingredients which are not listed in any schedule;
   2. Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the State Board of Pharmacy for marketing only as a suppository;
   3. Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof;
   4. Chlorhexadol;
   5. Reserved;
   6. Lysergic acid;
   7. Lysergic acid amide;
   8. Methyprylon;
   9. Sulfondiethylmethane;
   10. Sulfonethylmethane;
   11. Sulfonmethane;
   12. Tiletamine/Zolazepam (Telazol);
3. Nalorphine;
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any salts thereof:
   1. Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
   2. Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
   3. Reserved;
   4. Reserved;
   5. Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
   6. Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
   7. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
   8. Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
5. The State Board of Pharmacy may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in paragraphs (1) and (2) of this Code section from the application of all or any part of this article if the compound, mixture, or preparation contains one or more active, medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system;
6. Any anabolic steroid or any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.Such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the secretary of health and human services for such administration:
   1. Boldenone;

      (A.5) Boldione (Androsta-1,4-diene-3,17-dione);

   2. Chlorotestosterone;
   3. Clostebol;
   4. Dehydrochlormethyltestosterone;

      (D.1) Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17-ol, madol);

   5. Dihydrotestosterone;
   6. Drostanolone;
   7. Ethylestrenol;
   8. Fluoxymesterone;
   9. Formebolone;
   10. Mesterolone;
   11. Methandienone;
   12. Methandranone;
   13. Methandriol;
   14. Methandrostenolone;

       (N.5) Methasterone;

   15. Methenolone;
   16. Methyltestosterone;
   17. Mibolerone;
   18. Nandrolone;
   19. Norethandrolone;
   20. Oxandrolone;
   21. Oxymesterone;
   22. Oxymetholone;

       (V.5) Prostanozol;

   23. Stanolone;
   24. Stanozolol;
   25. Testolactone;
   26. Testosterone;
   27. Trenbolone;
   28. 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
7. Ketamine;
8. Dronabinol (synthetic) in sesame oil and encapsulated in a U.S. Food and Drug Administration approved drug product also known as Marinol;
9. Sodium oxybate, when the FDA approved form of this drug is in a container labeled in compliance with subsection (a) or (b) of Code Section 26-3-8, in the possession of a registrant permitted to dispense the drug, or in the possession of a person to whom it has been lawfully prescribed;
10. Buprenorphine;
11. Embutramide;
12. Any drug product in hard or soft gelatin capsule form containing natural dronabinol (derived from the cannabis plant) or synthetic dronabinol (produced from synthetic materials) in sesame oil, for which an abbreviated new drug application (ANDA) has been approved by the FDA under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) which references as its listed drug the drug product referred to in paragraph (8) of this Code section;
13. Perampanel and its salts, isomers, and salts of isomers.

(Code 1933, § 79A-808, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 1668, § 8; Ga. L. 1980, p. 1746, § 6; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 2403, §§ 13, 18; Ga. L. 1989, p. 233, § 3; Ga. L. 1991, p. 312, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1992, p. 1131, §§ 3, 4; Ga. L. 1996, p. 356, § 2; Ga. L. 1997, p. 1311, § 2; Ga. L. 1998, p. 778, § 1; Ga. L. 2000, p. 1317, § 2; Ga. L. 2003, p. 349, § 3; Ga. L. 2008, p. 169, § 4/HB 1090; Ga. L. 2009, p. 126, § 2/HB 368; Ga. L. 2011, p. 656, §§ 3, 4/SB 93; Ga. L. 2013, p. 71, § 2/HB 302; Ga. L. 2014, p. 217, § 4/HB 835; Ga. L. 2015, p. 883, § 3/HB 211.)

- Pursuant to Code Section 28-9-5, in 1996, a semicolon was substituted for a period at the end of subparagraph (4)(H), at the end of paragraph (5), and at the end of subparagraph (6)(AA).

- Registration requirements under Georgia Controlled Substances Act, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-20. Requirements of a prescription drug order, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia State Board of Pharmacy, Chapter 480-22.

JUDICIAL DECISIONS

Remand for sentencing required.

- Because it was unclear which schedule, which Code section, and which sentencing range would apply to the substances the defendant pled guilty to selling, the defendant's sentences had to be vacated and the case remanded to the trial court for a hearing to determine on which schedule the controlled substances at issue belonged, and to impose a lawful and appropriate sentence. Williams v. State, 320 Ga. App. 243, 739 S.E.2d 727 (2013).

Cited in Williamson v. State, 134 Ga. App. 864, 216 S.E.2d 684 (1975); Nix v. State, 135 Ga. App. 672, 219 S.E.2d 6 (1975); Cadle v. State, 136 Ga. App. 232, 221 S.E.2d 59 (1975); Chesser v. State, 141 Ga. App. 657, 234 S.E.2d 121 (1977); Taylor v. State, 144 Ga. App. 534, 241 S.E.2d 590 (1978); Taylor v. State, 149 Ga. App. 362, 254 S.E.2d 432 (1979); Robinson v. State, 244 Ga. 15, 257 S.E.2d 523 (1979); Little v. State, 157 Ga. App. 462, 278 S.E.2d 17 (1981); Printup v. State, 159 Ga. App. 574, 284 S.E.2d 82 (1981); Sosebee v. State, 282 Ga. App. 905, 640 S.E.2d 379 (2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, § 10.

- 28 C.J.S., Drugs and Narcotics, §§ 69, 70, 211, 212, 219.

- Uniform Controlled Substances Act (U.L.A.) § 208.