Have You Been Charged with Obtaining or Attempting to Obtain Dangerous Drugs by Fraud, Forgery, or Concealment of Material Fact 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.
O.C.G.A. §16-13-78 reads as follows:
No person shall obtain or attempt to obtain any dangerous drug or attempt to procure the administration of any such drug by:
(1) Fraud, deceit, misrepresentation, or subterfuge;
(2) The forgery or alteration of any prescription or of any written order;
(3) The concealment of a material fact; or
(4) The use of a false name or the giving of a false address.
An exception to this rule is when drug manufacturers or their agents or employees are authorized to engage in and are actually engaged in investigative activities directed toward the safeguarding of the manufacturer's trademark.
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
Penalty for Violating O.C.G.A. §16-13-78
If convicted of obtaining or attempting to obtain dangerous drugs by fraud, forgery, or concealment of material fact in Georgia, you will be guilty of a misdemeanor. Misdemeanor convictions in Georgia carry fines up to $1,000, jail time up to one year, or both.
Defenses in Georgia for Obtaining Dangerous Drugs by Fraud, Forgery, or Concealment of a Material Fact
Lawful Obtainment of the Drugs: If the drugs were not acquired by fraud, forgery, or other misrepresentation, then this statute has not been violated. However, there are other dangerous drug crimes you could be convicted of. A Georgia Dangerous Drug Attorney is crucial in cases involving dangerous drugs.
Unintentional: If a material fact was unintentionally concealed or the accused was unaware they were giving a false address, then that may be a sufficient defense.
What is Not a Defense in Georgia
An argument that the suspect was unable to obtain dangerous drugs or was unsuccessful will not be a defense. The statute outlines that an attempt to obtain dangerous through fraud, forgery, or misrepresentation will be enough to be convicted.
Contact Us
If you have been charged with a dangerous drug crime in Georgia, the Attorneys at Lawson and Berry can help! We have over 50 combined years of criminal defense experience. Contact us today for a free case evaluation.
