§ 62-152. Syringes, etc., for illegal administration of drugs; illegal possession of certain drugs.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Apothecary means a license 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; but 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.

Cocoa leaves means and includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of cocoa leaves, except derivatives of cocoa leaves, which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.

Dentist means a person authorized by law to practice dentistry in this state.

Drugs means 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 narcotic drugs 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; Methylphenidate HCl (Ritalin); Phencyclidine HCl (PCP); Methylbenzilate; Diethyltryphtamine (DET); N-Methyl-3-piperdyl Benzilate HCl (LBJ, JB-336); N-Ethyl-3-piperdyl Benzilate HCl (JB-318); Benactylzine HCl (DMZ); 3, 4-Methylendedioxy amphetamine HCl (STP, DOM); Dipropyltryptamine (RTP); Chlordiazepoxide (Librium); Asmadore; any drug, which under the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938)), 21 USC 301; or under any law of this state may be dispensed only upon prescription; any drug which the state board of pharmacy shall determine to be dangerous or detrimental to the public health when taken in accordance to directions.

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

Marijuana means all parts of the plant Cannabis 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 includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture or preparation of opium, but does not include apomorphine or any part of its salts.

Physician means 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 the 26 USCA, Internal Revenue Code, section 3220 et seq.

Veterinarian means a person authorized by law to practice veterinary medicine in this state.

(b)

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

(c)

Handling medical syringes and needles. All hypodermic syringes and hypodermic needles must be destroyed when no longer in use for medical purposes, and it shall be unlawful not to destroy same. Hypodermic needles shall be broken off from the hub, glass hypodermic syringes shall be broken, and disposable hypodermic syringes shall be incinerated.

(d)

Selling, possessing, buying. 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 be 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 a certificate of a physician, dentist or veterinarian and the prescription or certificate is not to be refilled or renewed unless authorized by the prescriber.

(e)

Specific drugs. Except as authorized by law, it shall be unlawful for any person to possess drugs known as:

(1)

Methylphenidate HCl (Ritalin)

Phencyclidine HCl (PCP)

Methylbenzilate

Diethyltryptamine (DET)

N-Methyl-3-piperdyl Benzilate HCl (1BJ, JB-336)

N-Ethyl-3-piperdyl Benzilate HCl (JB-318)

Benactylzine HCl (DMZ)

3, 4-Methylenedioxy amphetamine HCl (MDA)

4-Methyl-2, 5-dimethoxyamphetamine HCl (STP, DOM)

Dipropyltryptamine (DPT)

Chlordiazepoxide (Librium)

Asmadore

(2)

Any drug which the state board of pharmacy shall determine to be dangerous or detrimental to the public health when 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.

(Code 1962, § 15-51; Code 1986, § 15-27)

State law reference

Drug laws, O.C.G.A. § 16-13-1 et seq.