---
title: O.C.G.A. § 31-8-301. Drug repository program established; criteria and requirements for unused over-the-counter and prescription drugs.
collection: code
id: 31-8-301
cite_as: O.C.G.A. § 31-8-301 (2025)
canonical_url: https://georgiacommons.org/code/31-8-301
md_url: https://georgiacommons.org/code/31-8-301.md
text_url: https://georgiacommons.org/code/31-8-301/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=591
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/31-8.md
previous: https://georgiacommons.org/code/31-8-300.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / CARE AND PROTECTION OF INDIGENT AND ELDERLY PATIENTS / DRUG REPOSITORY PROGRAM
---

# O.C.G.A. § 31-8-301. Drug repository program established; criteria and requirements for unused over-the-counter and prescription drugs.

(a) The Department of Public Health shall establish a drug repository program to accept and dispense over-the-counter and prescription drugs donated for the purpose of being dispensed to eligible patients.

(b) Drugs shall only be dispensed pursuant to the program if:

(1) For prescription drugs, with an expiration date that does not expire before the completion of the medication by the eligible patient based on the prescribing health care professional’s directions for use and, for over-the-counter drugs, with an expiration date that does not expire before use by the eligible patient based on the directions for use on the manufacturer’s label; and

(2) The drugs were donated in unopened tamper-evident packaging as defined by United States Pharmacopeia General Chapter 659, Packaging and Storage Requirements, including but not limited to unopened unit-dose and multiple-dose packaging.

(c) The following drugs shall not be donated to the program:

(1) Controlled substances;

(2) Drugs subject to a federal Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code if inventory transfer is prohibited by such strategy; or

(3) Drugs that there is reason to believe are adulterated pursuant to Code Section 26-3-7.

## History

Code 1981, § 31-8-301, enacted by Ga. L. 2016, p. 524, § 1/HB 897; Ga. L. 2024, p. 347, § 2-3/HB 1072, effective April 23, 2024.

## Editor's Notes

Ga. L. 2024, p. 347, § 2-1/HB 1072, not codified by the General Assembly, provides: “The General Assembly finds:

“(1) Access to affordable medications is a public health issue that disproportionately impacts vulnerable patients, and a state’s drug repository program can serve as a solution to thousands of families for life-saving and life-preserving medications; and

“(2) Participating recipient organizations can provide a valuable community benefit to families in need by making donated medications available and will be authorized to utilize additional pharmacy technicians to distribute donated medications under the drug repository program.”

## Amendments

The 2024 amendment, effective April 23, 2024, substituted “with an expiration date that does” for “they do” twice in paragraph (b)(1).