Title 16, Chapter 13, Section 21
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;
(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
(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.
(12.1) "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
(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
(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; or
(C) 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 and notwithstanding the provisions of subsection (g) of Code Section 43-34-26.1, 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
(26) "Registrant" means a person who is registered under this
(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
(29) "Noncontrolled substance" means any drug or other substance
other than a controlled substance as defined by paragraph (4) of
this Code section.