16-13-22. Administration of article; standards and schedules.

The State Board of Pharmacy shall administer this article and shall add substances to or reschedule all substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 pursuant to the procedures of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” In making a determination or identification regarding a substance, the State Board of Pharmacy shall consider the following factors:#

1. (1)

   The actual or relative potential for abuse;#

2. (2)

   The scientific evidence of its pharmacological effect, if known;#

3. (3)

   The state of current scientific knowledge regarding the substance;#

4. (4)

   The history and current pattern of abuse;#

5. (5)

   The scope, duration, and significance of abuse;#

6. (6)

   The risk to the public health;#

7. (7)

   The potential of the substance to produce psychic or physiological dependence liability;#

8. (8)

   Whether the substance is an immediate precursor of a substance already controlled under this article; and#

9. (9)

   The designation, deletion, or rescheduling of a substance under federal law controlling controlled substances.#

After considering the factors enumerated in subsection (a) of this Code section, the State Board of Pharmacy shall make findings with respect thereto and cause the publication of such findings as a rule, in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” controlling the substance if it finds the substance has a potential for abuse.#

If the State Board of Pharmacy identifies a substance as an immediate precursor, substances which are precursors of the controlled substance shall not be subject to control solely because they are precursors of the controlled substance.#

Authority to control under this Code section does not extend to distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in Title 3 or 48.#