Georgia Code
Part 1 - Schedules, Offenses, and Penalties
§ 16-13-21. Definitions

As used in this article, the term:
(0.5) “Addiction” means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. It is characterized by behaviors that include the following: impaired control drug use, craving, compulsive use, and continued use despite harm. Physical dependence and tolerance are normal physiological consequences of extended opioid therapy for pain and are not the same as addiction.
(1.1) “Agency” means the Georgia Drugs and Narcotics Agency established pursuant to Code Section 26-4-29.
(2.1) “Board” means the State Board of Pharmacy or its designee, so long as such designee is another state entity.
(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.
(12.05) “FDA” means the United States Food and Drug Administration.
(12.1) “Imitation controlled substance” means:
(17.1) “Noncontrolled substance” means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section.
(19.1) “Patient” means the person who is the intended consumer of a drug for whom a prescription is issued or for whom a drug is dispensed.
(23.1) “Prescriber” means a physician, dentist, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state, or any other state or territory of the United States, to prescribe a controlled substance in the course of professional practice or research in this state.
(26.1) “Schedule II, III, IV, or V controlled substance” means a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance under Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under the federal Controlled Substances Act, 21 U.S.C. Section 812.
(27.1) “Tolerance” means a physiologic state resulting from regular use of a drug in which an increased dosage is needed to produce a specific effect or a reduced effect is observed with a constant dose over time. Tolerance may or may not be evident during opioid treatment and does not equate with addiction.
History. Code 1933, § 79A-802, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1974, p. 221, § 1; Ga. L. 1978, p. 2237, § 1; Ga. L. 1979, p. 859, § 4; Ga. L. 1980, p. 1746, § 3; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 1264, §§ 1, 3; Ga. L. 1982, p. 2370, §§ 1, 2; Ga. L. 1982, p. 2403, §§ 10, 15; Ga. L. 1984, p. 22, § 16; Ga. L. 1985, p. 149, § 16; Ga. L. 1986, p. 10, § 16; Ga. L. 1986, p. 1555, §§ 1, 2; Ga. L. 1988, p. 1065, § 1; Ga. L. 1999, p. 643, § 5.1; Ga. L. 2003, p. 349, § 1; Ga. L. 2006, p. 125, § 2/SB 480; Ga. L. 2009, p. 859, § 4/HB 509; Ga. L. 2011, p. 659, § 1/SB 36; Ga. L. 2014, p. 353, § 1/SB 134; Ga. L. 2014, p. 866, § 16/SB 340; Ga. L. 2015, p. 5, § 16/HB 90; Ga. L. 2019, p. 1030, § 2/HB 213; Ga. L. 2021, p. 184, § 25/SB 195.
The 2019 amendment, effective May 10, 2019, in paragraph (16), substituted a comma for the semicolon following “or resin” and “16-13-25;” for “16-13-25 and” in the middle, and added “; and shall not include hemp or hemp products as such terms are defined in Code Section 2-23-3” at the end.
The 2021 amendment, effective July 1, 2021, added the second sentence in paragraph (16).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1986, substituted “stereoisomers” for “steroisomers” twice near the middle of subparagraph (17)(D).
Editor’s notes.
Ga. L. 2021, p. 184, § 28/SB 195, not codified by the General Assembly, provides that: “Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.”
Law reviews.
For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 269 (2011).
For article, “Crimes and Offenses: Controlled Substances,” see 28 Ga. St. U.L. Rev. 269 (2011).
For article on Crimes and Offenses: Crimes Against the Person, see 35 Ga. St. U. L. Rev. 19 (2018).

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