Title 26, Chapter 4, Section 29
(a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-7; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3, to the office of the Secretary of State. The Georgia Drugs and Narcotics Agency is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharmacists registered in this state when employed as either special agents or the deputy director.
(b) The director shall hold office at the pleasure of the board, and
should any vacancy occur in said office for any cause whatsoever,
said board shall appoint a successor at a regular or called meeting.
The director shall be a pharmacist registered in this state. The
salary of the director shall be fixed by the board. The whole time
of the director shall be at the disposal of the board. The
director, or agency personnel acting on behalf of the director,
shall have the duty and the power to:
(1) Visit and inspect factories, warehouses, wholesaling
establishments, retailing establishments, chemical laboratories,
and such other establishments in which any drugs, devices,
cosmetics, and such articles known as family remedies, grocer's
drugs, and toilet articles are manufactured, processed, packaged,
sold at wholesale, sold at retail, or otherwise held for
introduction into commerce;
(2) Enter and inspect any vehicle used to transport or hold any
drugs, devices, cosmetics, or any of the articles listed in
paragraph (1) of this subsection;
(3) Investigate alleged violations of laws and regulations
regarding drugs, devices, cosmetics, or any of the articles listed
in paragraph (1) of this subsection;
(4) Take up samples of the articles listed in paragraph (1) of this subsection from any of the said establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131;
(5) Seize and take possession of all articles which are declared
to be contraband under Chapter 13 of Title 16 and Chapter 3 of
this title and this chapter and deliver such articles to the
(6) Compel the attendance of witnesses and the production of
evidence on behalf of the board via a subpoena issued by the
director, when there is reason to believe any violations of laws
or regulations concerning drugs, devices, cosmetics, or any of the
articles listed in paragraph (1) of this subsection have occurred;
(7) Perform such other duties as may be directed by the board.
(c)(1) The director, deputy director, and special agents of the
Georgia Drugs and Narcotics Agency shall have the authority and
power that sheriffs possess to make arrests of any persons
violating or charged with violating Chapter 13 of Title 16 and
Chapter 3 of this title and this chapter. The deputy director and
special agents shall be required to be P.O.S.T. certified peace
officers under Chapter 8 of Title 35, the "Georgia Peace Officer
Standards and Training Act."
(2) In case of such arrest, the director, deputy director, or any
of the special agents shall immediately deliver the person so
arrested to the custody of the sheriff of the county wherein the
offense is alleged to have been committed. The duty of the
sheriff in regard to the person delivered to the sheriff by any
such person arrested under power of this Code section shall be the
same as if the sheriff had made the original arrest.
(c.1) When the deputy director or a special agent employed by the
Georgia Drugs and Narcotics Agency leaves the agency under honorable
conditions after accumulating 25 years of service in the agency, as
a result of a disability arising in the line of duty, or pursuant to
approval by the State Board of Pharmacy, such director or agent
shall be entitled to retain his or her weapon and badge pursuant to
approval by the State Board of Pharmacy, and, upon leaving the
agency, the director of the Georgia Drugs and Narcotics Agency shall
retain his or her weapon and badge pursuant to approval by the State
Board of Pharmacy.
(d) Except as otherwise provided in this chapter, upon receiving a
summary report from agency personnel, the director shall report to
the board what have been determined to be violations of the drug
laws and rules over which the board has authority. After such
reports have been made to the board, the board can instruct the
(1) Cite any such person or establishment to appear before the
cognizant member of the board for an investigative interview;
(2) Forward such reports to the Attorney General's office for
action decided on by the board; or
(3) Take whatever other action the board deems necessary.
(e) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22.
(1) The State Board of Pharmacy is authorized and directed to
publish and distribute the "Dangerous Drug List" as prepared by
the Georgia Drugs and Narcotics Agency and the "Georgia Controlled
Substances Act" as enacted by law.
(2) The Georgia State Board of Pharmacy shall provide for a fee as
deemed reasonable or at no cost, such number of copies of the
"Dangerous Drug List" and "Georgia Controlled Substances Act" to
law enforcement officials, school officials, parents, and other
interested citizens as are required.