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Georgia Code

Georgia Code

Copyright 2015 by The State of Georgia

All rights reserved. Permission granted by LexisNexis to the University of Georgia for posting in conjunction with the University Drug Policy.

*** Current Through the 2026 Regular Session ***

TITLE16.CRIMESAND OFFENSESCHAPTER13.CONTROLLED SUBSTANCESARTICLE3.

DANGEROUSDRUGS

O.C.G.A.§16-13-72

§ 16-13-72. Sale, distribution, or possession of dangerous drugs

Except as provided for in this article, it shall be unlawful for any person, firm, corporation, or association to sell, give away, barter, exchange, distribute, or possess in this state any dangerous drug, except under the following conditions:

  1. A drug manufacturer, wholesaler, distributor, or supplier holding a license or registration issued in accordance with the Federal Food, Drug, and Cosmetic Act and authorizing the holder to possess dangerous drugs may possess dangerous drugs within this state but may not distribute, sell, exchange, give away, or by any other means supply dangerous drugs without a permit issued by the State Board of Pharmacy. Any drug manufacturer, wholesaler, distributor, or supplier holding a permit issued by the State Board of Pharmacy may sell, give away, exchange, or distribute dangerous drugs within this state, but only to a pharmacy, pharmacist, a practitioner of the healing arts, and educational institutions licensed by the state, or to a drug wholesaler, distributor, or supplier, and only if such distribution is made in the normal course of employment
  2. A pharmacy may possess dangerous drugs, but the same shall not be sold, given away, bartered, exchanged, or distributed except by a licensed pharmacist in accordance with this article
  3. A pharmacist may possess dangerous drugs but may sell, give away, barter, exchange, or distribute the same only when he compounds or dispenses the same upon the prescription of a practitioner of the healing arts. No such prescription shall be refilled except upon the authorization of the practitioner who prescribed it
  4. A practitioner of the healing arts may possess dangerous drugs and may sell, give away, barter, exchange, or distribute the same in accordance with Code Section 16-13-74

(4.1) A physician in conformity with Code Section 43-34-23 may delegate to a nurse or a physician assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a

nurse or physician assistant may possess such drugs pursuant to that delegation provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician assistants existing under other provisions of law

(4.2) A registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is employed or engaged by a licensed home health agency may possess sterile saline, sterile water, and diluted heparin for use as intravenous

maintenance for use in a home health setting, and such nurse may administer such items to patients of the home health agency upon the order of a licensed physician. The State Board of Pharmacy shall be authorized to adopt regulations governing the storage, quantity, use, and administration of such items provided, however, that nothing in this paragraph or in such regulations shall be construed to restrict any authority of nurses existing under other provisions of law

(4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes

  1. A manufacturer’s sales representative may distribute a dangerous drug as a complimentary sample only upon the written request of a practitioner. The request must be made for each distribution and shall contain the names and

addresses of the supplier and the requestor and the name and quantity of the specific dangerous drug requested. The written request shall be preserved by the manufacturer for a period of two years and

  1. Such person, firm, corporation, or association shall keep a complete and accurate record of all dangerous drugs received, purchased, manufactured, sold, dispensed, or otherwise disposed of and shall maintain such records for at least two years or in conformance with any other state or federal law or rule issued by the State Board of Pharmacy. HISTORY: Code 1933, § 79A-703, enacted by Ga. L. 1967, p. 296, § 1 Ga. L. 1972, p. 948, § 2 Ga. L. 1975, p. 690, § 1 Ga. L. 1982, p.

3, § 16 Ga. L. 1996, p. 356, § 6 Ga. L. 1998, p. 219, § 1 Ga. L. 1999, p. 643, § 5.2 Ga. L. 2003, p. 140, § 16 Ga. L. 2009, p.

859, § 5/HB 509 Ga. L. 2010, p. 905, § 2/HB 1021 Ga. L. 2024, p. 1052, § 3(16)/SB 448, effective July 1, 2024.

Alcohol and Other Drug Prevention and Response

Alcohol & Other Drug (AOD) Prevention, Early Intervention, and Recovery Support Services

The Fontaine Center, part of the University Health Center, provides a continuum of care and services including alcohol and other substance misuse prevention, early intervention, and recovery support for UGA students. The Fontaine Center provides brief counseling and education for students who are concerned about their personal substance use, or those of a friend or family member. We are also home to the Collegiate Recovery Program (CRC), which is committed to providing support and social connections for all students in recovery from substance-use disorders and eating disorders.

Alcohol Edu is an online alcohol education course required for all incoming first-year and transfer students prior to their arrival on campus.

The Fontaine Center also offers additional prevention programming throughout the year tailored to specific campus needs and populations. Students can also participate in a variety of well-being programs that teach critical life skills and support student advocacy and lifelong health. Some of the Center’s signature programs include upstander intervention training (UMatter), “Do it Sober” alcohol-free events, risk management training for student organizations, wellness coaching, nutrition counseling, cooking classes, and much more.
The Fontaine Center also offers support programs to students who are referred to our office for violations of the UGA Policy on Alcohol and other Drugs and/or referrals from the community courts. Students concerned about their own substance use may schedule an appointment to meet with one of the Fontaine Center staff members for an initial consultation. The following are some of the programs available to students:

  • BASICS: Brief Alcohol Screening and Intervention for College Students
  • Peer Mentor Program
  • AOD Individual Consultation
  • Individual Brief Alcohol and other Substance Counseling
  • Wellness Coaching

The CRC provides to those with a substance use disorder peer support as well as other recovery support services while navigating their own college experience. The CRC is located in the Tate Center.

Fontaine Peer Educators (FPEs) were created in the Fall of 2008 to increase student involvement in campus prevention efforts within the Fontaine Center. The team works together to improve the safety and success of UGA students by providing a student voice in programs and resources provided by the Fontaine Center.

Support group meetings are available on campus and include AA/Al-Anon and a body image support group. In addition, a weekly “Celebration of Recovery” meeting (Got Recovery) takes place in the Tate Center.

For additional information regarding:

  • Substance misuse risks or support services for students, contact the Director of The Fontaine Center, 706-542-8690.
  • The University’s policies on alcohol and other drugs as they relate to students, contact the Director for Student Conduct, 706-542-1131.
  • Counseling and Psychiatric Services (CAPS), call 706-542-2273 for an appointment or go to caps.uga.edu.
  • Counseling and treatment resources for employees and the University’s policies on alcohol and other drugs as they pertain to employees, contact the Faculty and Staff Relations Department, 706-542-9756.

Signs and Symptoms of Alcohol Poisoning

Signs and symptoms of alcohol poisoning include:

  • person is unresponsive
  • vomiting while passed out
  • breaths per minute)
  • lowered heart rate
  • bluish skin
  • clammy and/or cold skin

If any one of these symptoms exists, call 911 for help, and while waiting with the person until medical help arrives:

  • Gently turn them onto his/her side to prevent choking on vomit
  • Don’t leave them alone
  • Do not throw water on the individual, and do not try to rouse them by moving them to a cold shower (may cause them to go into shock)