GA 16-13-35 - GA 16-13-35

JUDICIAL DECISIONS Constitutionality. - As O.C.G.A. § 16-13-35 specifies that certain institutions and persons legally may possess controlled substances, O.C.G.A. § 16-13-20 et seq., is not constitutionally illogical or overbroad. Windfaire, Inc. v. Busbee, 523 F. Supp. 868 (N.D. Ga. 1981). One lawfully possessing a controlled substance may lawfully possess it out of its original container. Jones v. State, 145 Ga. App. 224 , 243 S.E.2d 645 (1978). Physicians are authorized to possess controlled substances to the extent they do so as physicians, i.e., to the extent such possession is for some use connected with their medical practice. Felker v. State, 172 Ga. App. 492 , 323 S.E.2d 817 (1984), cert. denied, 471 U.S. 1102, 105 S. Ct. 2328 , 85 L. Ed. 2 d 846 (1985). Qualification of expert to...