Have You Been Charged with Failure to Label Prescription Containers of Dangerous Drugs in Georgia?
There are thousands of drugs that can be created and not all of them are contained in the Schedules under the Food, Drug, and Cosmetic Act. Therefore, any other drug not included in one of the schedules will be classified as a dangerous drug. Dangerous drug crimes range in penalties from misdemeanors with minimal fees to felonies with lengthy prison terms and hefty fines. No matter what type of dangerous drug crime you have been charged with, the Law Office of Lawson and Berry is here to help. Our Georgia Dangerous Drug Attorneys have over fifty combined years of criminal defense experience. Let our expertise work for you today.
What is Considered a Dangerous Drug in Georgia?
It is essential to understand what is classified as a dangerous drug in Georgia. There are hundreds of substances that can be considered a dangerous drug.
O.C.G.A. §16-13-71 defines a “dangerous drug” as any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C. Section 301, et seq., as amended, may be dispensed only upon prescription. In any civil or criminal action or other proceedings, a certification from the Food and Drug Administration of the United States Department of Health and Human Services attesting to the fact that a drug other than a drug contained in any schedule of Article 2 of this chapter involved in the action or proceeding is a dangerous drug that federal law prohibits dispensing of without a prescription pursuant to the federal Food, Drug, and Cosmetic Act shall be admissible as prima-facie proof that such drug is a “dangerous drug.”
Dangerous drugs can also be substances that include salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances, which have essentially the same pharmacological action. Some of the compounds include:
- Adenosine
- Afatinib
- Anabolic steroids
- Cortisone
- Oxytocin
- Penicillin
What Does Failure to Label Mean in Georgia?
In Georgia, O.C.G.A. §16-13-73 says that whenever a pharmacist dispenses a dangerous drug, he shall, in each case, place upon the container the following information:
- Name of the patient;
- Name of the practitioner prescribing the drug
- The expiration date, if any, of the drug;
- Name and address of the pharmacy from which the drug was dispensed; and
- The date of the prescription.
Penalty for Failing to Label Prescription Drugs in Georgia
Georgia treats this crime a misdemeanor. Misdemeanor convictions carry up to a $1,000 fine, one year in jail, or both.
What Does Not Constitute a Defense
An argument that the pharmacist placed most of the information on the container will not be sufficient. Georgia law mandates that all required information is included. Even missing just one facet will be enough to be convicted.
Another argument that not be accepted by the Courts is that the information was placed on the bag. Georgia law mandates that all of the information be placed directly on the container. It will not be enough for the information to be placed on the bag.
Contact Us
Having a Georgia Dangerous Drug Attorney is vital in obtaining a favorable outcome. They will help develop a defense strategy based on the specific circumstances from your case. Just because you have been charged with a crime does not mean you are guilty or that you have no way to defend yourself! Contact our offices today to speak with a Georgia Lawyer now.
