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| Georgia General Assembly |
SB12.html
01 LC 11 0123
Senate Bill
12
By: Senator Crotts of the 17th
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 13 of Title 16 of the Official Code of
Georgia Annotated, relating to controlled substances, so as to provide for the
regulation of phenylpropanolamine and limit the sale or distribution of such
drug; to provide for penalties and sanctions; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 13 of Title 16 of the Official Code of Georgia
Annotated, relating to controlled substances, is amended by adding at the end a
new article to read as follows:
"ARTICLE
6
16-13-130.
As used in this article,
the term:
(1) 'Controlled drug' means
phenylpropanolamine when it is the single entity active ingredient or when used
in combination with any other substance, whether or not a controlled
substance.
(2) 'Minor' means a person under 18 years
of age.
(3) 'Person' means an individual, corporation,
business trust, estate trust, partnership, association, or any other legal
entity.
(4) 'Proper identification' means any document
issued by a governmental agency containing a description of the person, such
person´s photograph, or both, and giving such person´s date of birth
and includes, without being limited to, a passport, military identification
card, driver´s license, or an identification card authorized under Code
Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a
birth certificate.
16-13-131.
(a) It shall be
unlawful for any person, other than a person licensed to practice medicine in
this state, a pharmacist in the regular course of business in a pharmacy
licensed under Chapter 4 of Title 26, or an employee under the direct
supervision of such a pharmacist, knowingly to sell, give, or otherwise
distribute a controlled drug.
(b) A pharmacist or
employee under the direct supervision of a pharmacist authorized to sell, give,
or otherwise distribute a controlled drug to another person under subsection (a)
of this Code section may only do so if that other person has signed a form, as
provided by the State Board of Pharmacy, which discloses the major side effects
of such controlled
drug.
16-13-132.
It shall
be unlawful for any person, other than a person licensed to practice medicine in
this state, knowingly to sell, give, or otherwise distribute a controlled drug
to a minor.
16-13-133.
Every person
who manufactures or wholesales a controlled drug in this state or who proposes
to engage in such activity shall obtain annually a registration issued by the
State Board of Pharmacy in accordance with its rules. Notwithstanding the
provisions of Code Section 16-13-131, a manufacturer so registered may
distribute a controlled drug to another manufacturer or wholesaler, and a
wholesaler so registered may distribute a controlled drug to a pharmacy.
16-13-134.
(a) The
prohibition contained in Code Section 16-13-132 shall not apply with respect to
the sale or distribution of a controlled drug by a person when such person has
been furnished with proper identification showing that the person to whom the
controlled drug is sold or distributed is 18 years of age or
older.
(b) In any case where a reasonable or prudent
person could reasonably be in doubt as to whether or not the person to whom a
controlled drug is to be sold or otherwise distributed is actually 18 years of
age or older, it shall be the duty of the person selling or otherwise
distributing such controlled drugs to request to see and to be furnished with
proper identification in order to verify the age of such person. The failure to
make such request and verification in any case where the person to whom the
controlled drug is sold or otherwise distributed is a minor may be considered by
the trier of fact in determining whether the person selling or otherwise
distributing such controlled drug did so knowingly.
16-13-135.
Any person who
violates Code Section 16-13-131 or 16-13-132 shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished for a first offense, by a fine
not to exceed $250.00 and for any subsequent offense, upon conviction thereof,
by a fine not to exceed $1,000.00, imprisonment not to exceed 12 months, or both
such fine and imprisonment.
16-13-136.
(a) It shall
be unlawful for any minor to:
(1) Purchase, obtain, or
possess any controlled drug except when obtained from a physician licensed to
practice medicine in this state; or
(2) Misrepresent
such minors identity or age or use any false identification for the purpose of
purchasing or procuring any controlled drug.
(b) A
minor who commits an offense provided for in subsection (a) of this Code section
may be punished by requiring the performance of community service not exceeding
20 hours."
SECTION 2.
This Act shall become effective on July 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.