145 Ga. App. 224 | Ga. Ct. App. | 1978
Defendant’s vehicle was stopped by police officers in the early morning hours when they noticed that it was
Defendant’s sole enumeration of error contends that the following charge of the court was harmful error: "Now with these principles of law in mind, I . am going to call your attention to the charges against Mr. Jones. One is the possession of a drug known as phentermine. Now our law defines this offense in 79A-809, Schedule 4, and it says that 'it is unlawful for any person to possess or have under his control, any quantity of phentermine. . .It is unlawful to possess and/or have under your control any quantity of that drug. It is a controlled substance.. .Now, of course the only exception would be where a doctor gives you drugs under a prescription and you have it in the container in which you received it from the drug store, in other words, if you were given a prescription by a doctor for this drug and you went to the drug store and got that prescription filled and had it in the bottle from the drug store and you took the drugs out and had them in your possession outside of the original container, then you have violated this law. You can’t possess them except in the original container which has the prescription written on it.’ ” (Emphasis supplied.) Since the repeal of the Uniform Narcotic Drug Act (Ga. L. 1967, pp. 296, 325-343; 1970, pp. 470; 1971, pp. 273, 299) by the Georgia Controlled Substances Act (Ga. L. 1974, p. 221) there has been no requirement that prescription drugs be possessed in the original container in which the drug was delivered. Defendant argues that this erroneous charge has misled, confused the jury and denied him a defense specifically
Judgment affirmed.