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Ocga 161321 Definitions

As used in this article, the term:

(1)  “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or by any other means, to the body of a patient or research subject by:

(A)  A practitioner or, in his presence, by his authorized agent; or

(B)  The patient or research subject at the direction and in the presence of the practitioner.

(2)  “Agent” of a manufacturer, distributor, or dispenser means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.  It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.

(3)  “Bureau” means the Drug Enforcement Administration, United States Department of Justice, or its successor agency.

(4)  “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308.

(5)  “Conveyance” means any object, including aircraft, vehicle, or vessel, but not including a person, which may be used to carry or transport a substance or object.(6)  “Counterfeit substance” means:

(A)  A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance;

(B)  A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or

(C)  Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance.

(6.1)  “Dangerous drug” means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter.

(6.2)  “DEA” means the United States Drug Enforcement Administration.

(7)  “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(8)  “Dependent,” “dependency,” “physical dependency,” “psychological dependency,” or “psychic dependency” means and includes the state of dependence by an individual toward or upon a substance, arising from the use of that substance, being characterized by behavioral and other responses which include the loss of self-control with respect to that substance, or a strong compulsion to use that substance on a continuous basis in order to experience some psychic effect resulting from the use of that substance by that individual, or to avoid any discomfort occurring when the individual does not use that substance.

(9)  “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his professional practice and in accordance with this article, or to a relative or representative of the person for whom the controlled substance is prescribed.

(10)  “Dispenser” means a practitioner who dispenses.

(11)  “Distribute” means to deliver a controlled substance, other than by administering or dispensing it.

(12)  “Distributor” means a person who distributes.

(12.05)  “FDA” means the United States Food and Drug Administration.

(12.1)  “Imitation controlled substance” means:

(A)  A product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or

(B)  A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29.

(13)  “Immediate precursor” means a substance which the State Board of Pharmacy has found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

(14)  “Isomers” means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers, but shall not include functional isomers).

(15)  “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance:

(A)  By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

(B)  By a practitioner or by his authorized agent under his supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

(16)  “Marijuana” means all parts of the plant of the genus Cannabis, 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 samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination.

(17)  “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(A)  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;

(B)  Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium;

(C)  Opium poppy and poppy straw;

(D)  Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, stereoisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(18)  “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.  It does not include, unless specifically designated as controlled under Code Section 16-13-22, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).  It does include its racemic and levorotatory forms.

(19)  “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.

(20)  “Person” means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity.

(21)  “Poppy straw” means all parts, except the seeds, of the opium poppy after mowing.

(22)  “Potential for abuse” means and includes a substantial potential for a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance.

(23)  “Practitioner” means:

(A)  A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(B)  A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(C)  An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3.  For purposes of this chapter and Code Section 43-34-26.3, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or

(D)  A physician’s assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103, a physician’s assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities.

(24)  “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

(25)  “Registered” or “register” means registration as required by this article.

(26)  “Registrant” means a person who is registered under this article.

(27)  “State,” when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, or any area subject to the legal authority of the United States.

(28)  “Ultimate user” means a person who lawfully possesses a controlled substance for his own use, for the use of a member of his household, or for administering to an animal owned by him or by a member of his household or an agent or representative of the person.

(29)  “Noncontrolled substance” means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section.

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