Whatley v. State

Melton, Justice.

On March 28, 2013, Bernadette Bowie Whatley was indicted for withholding information from a practitioner pursuant to OCGA § 16-13-43 (a) (6). That statute deals with the distribution of controlled substances by prescription and provides that it is unlawful to “withhold information from a practitioner that such person has obtained a controlled substance of a similar therapeutic use in a concurrent time period from another practitioner.” On April 24, 2013, Whatley filed a general demurrer, contending among other things that the statute was unconstitutionally vague. The trial…