Georgia Code
Article 3 - Dangerous Drugs
§ 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:
(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, 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;
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.
Cross references.
Pharmacists and pharmacies generally, § 26-4-1 et seq.
Reward for furnishing information leading to arrest and conviction of person charged with selling dangerous drugs in violation of section, § 45-12-37.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, “Federal Food, Drug, and Cosmetic Act” was substituted for “Federal Food, Drug and Cosmetic Act” in paragraph (1).
Pursuant to Code Section 28-9-5, in 2011, “Georgia” was deleted preceding “State Board of Pharmacy” at the end of paragraph (6).