Florida Drug Law
DRUG ABUSE PREVENTION AND CONTROL ACT
893.01 Short title.
893.02 Definitions.
893.03 Standards and schedules.
893.031 Industrial exceptions to controlled substance scheduling.
893.033 Listed chemicals.
893.035 Control of new substances; findings of fact; delegation of
authority to Attorney General to control substances by rule.
893.0355 Control of scheduled substances; delegation of authority to
Attorney General to reschedule substance, or delete substance, by rule.
893.0356 Control of new substances; findings of fact; "controlled
substance analog" defined.
893.04 Pharmacist and practitioner.
893.05 Practitioners and persons administering controlled substances in
their absence.
893.06 Distribution of controlled substances; order forms; labeling and
packaging requirements.
893.07 Records.
893.08 Exceptions.
893.09 Enforcement.
893.10 Burden of proof.
893.101 Legislative findings and intent.
893.105 Testing and destruction of seized substances.
893.11 Suspension, revocation, and reinstatement of business and
professional licenses.
893.12 Contraband; seizure, forfeiture, sale.
893.13 Prohibited acts; penalties.
893.135 Trafficking; mandatory sentences; suspension or reduction of
sentences; conspiracy to engage in trafficking.
893.1351 Lease or rent for the purpose of trafficking in a controlled
substance.
893.138 Local administrative action to abate drug-related,
prostitution-related, or stolen-property-related public nuisances and
criminal street gang activity.
893.145 "Drug paraphernalia" defined.
893.146 Determination of paraphernalia.
893.147 Use, possession, manufacture, delivery, transportation, or
advertisement of drug paraphernalia.
893.149 Unlawful possession of listed chemical.
893.1495 Retail sale of ephedrine and related compounds.
893.15 Rehabilitation.
893.165 County alcohol and other drug abuse treatment or education trust
funds.
893.20 Continuing criminal enterprise.
893.01 Short title.--This chapter shall be cited and known as the
"Florida Comprehensive Drug Abuse Prevention and Control Act."
893.02 Definitions.--The following words and phrases as used in
this chapter shall have the following meanings, unless the context
otherwise requires:
(1) "Administer" means the direct application of a controlled substance,
whether by injection, inhalation, ingestion, or any other means, to the
body of a person or animal.
(2) "Analog" or "chemical analog" means a structural derivative of a
parent compound that is a controlled substance.
(3) "Cannabis" means all parts of any plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from any
part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds or resin.
(4) "Controlled substance" means any substance named or described in
Schedules I-V of s. 893.03. Laws controlling the manufacture,
distribution, preparation, dispensing, or administration of such
substances are drug abuse laws.
(5) "Deliver" or "delivery" means the actual, constructive, or attempted
transfer from one person to another of a controlled substance, whether
or not there is an agency relationship.
(6) "Dispense" means the transfer of possession of one or more doses of
a medicinal drug by a pharmacist or other licensed practitioner to the
ultimate consumer thereof or to one who represents that it is his or her
intention not to consume or use the same but to transfer the same to the
ultimate consumer or user for consumption by the ultimate consumer or
user.
(7) "Distribute" means to deliver, other than by administering or
dispensing, a controlled substance.
(8) "Distributor" means a person who distributes.
(9) "Department" means the Department of Health.
(10) "Hospital" means an institution for the care and treatment of the
sick and injured, licensed pursuant to the provisions of chapter 395 or
owned or operated by the state or Federal Government.
(11) "Laboratory" means a laboratory approved by the Drug Enforcement
Administration as proper to be entrusted with the custody of controlled
substances for scientific, medical, or instructional purposes or to aid
law enforcement officers and prosecuting attorneys in the enforcement of
this chapter.
(12) "Listed chemical" means any precursor chemical or essential
chemical named or described in s. 893.033.
(13)(a) "Manufacture" means the production, preparation, propagation,
compounding, cultivating, growing, conversion, or processing of a
controlled substance, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging of the substance or labeling or relabeling of its
container, except that this term does not include the preparation,
compounding, packaging, or labeling of a controlled substance by:
1. A practitioner or pharmacist as an incident to his or her
administering or delivering of a controlled substance in the course of
his or her professional practice.
2. A practitioner, or by his or her authorized agent under the
practitioner's supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis, and not for sale.
(b) "Manufacturer" means and includes every person who prepares,
derives, produces, compounds, or repackages any drug as defined by the
Florida Drug and Cosmetic Act. However, this definition does not apply
to manufacturers of patent or proprietary preparations as defined in the
Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are
specifically excluded from this definition.
(14) "Mixture" means any physical combination of two or more substances.
(15) "Patient" means an individual to whom a controlled substance is
lawfully dispensed or administered pursuant to the provisions of this
chapter.
(16) "Pharmacist" means a person who is licensed pursuant to chapter 465
to practice the profession of pharmacy in this state.
(17) "Possession" includes temporary possession for the purpose of
verification or testing, irrespective of dominion or control.
(18) "Potential for abuse" means that a substance has properties of a
central nervous system stimulant or depressant or an hallucinogen that
create a substantial likelihood of its being:
(a) Used in amounts that create a hazard to the user's health or the
safety of the community;
(b) Diverted from legal channels and distributed through illegal
channels; or
(c) Taken on the user's own initiative rather than on the basis of
professional medical advice.
Proof of potential for abuse can be based upon a showing that these
activities are already taking place, or upon a showing that the nature
and properties of the substance make it reasonable to assume that there
is a substantial likelihood that such activities will take place, in
other than isolated or occasional instances.
(19) "Practitioner" means a physician licensed pursuant to chapter 458,
a dentist licensed pursuant to chapter 466, a veterinarian licensed
pursuant to chapter 474, an osteopathic physician licensed pursuant to
chapter 459, a naturopath licensed pursuant to chapter 462, or a
podiatric physician licensed pursuant to chapter 461, provided such
practitioner holds a valid federal controlled substance registry number.
(20) "Prescription" means and includes an order for drugs or medicinal
supplies written, signed, or transmitted by word of mouth, telephone,
telegram, or other means of communication by a duly licensed
practitioner licensed by the laws of the state to prescribe such drugs
or medicinal supplies, issued in good faith and in the course of
professional practice, intended to be filled, compounded, or dispensed
by another person licensed by the laws of the state to do so, and
meeting the requirements of s. 893.04. The term also includes an order
for drugs or medicinal supplies so transmitted or written by a
physician, dentist, veterinarian, or other practitioner licensed to
practice in a state other than Florida, but only if the pharmacist
called upon to fill such an order determines, in the exercise of his or
her professional judgment, that the order was issued pursuant to a valid
patient-physician relationship, that it is authentic, and that the drugs
or medicinal supplies so ordered are considered necessary for the
continuation of treatment of a chronic or recurrent illness. However, if
the physician writing the prescription is not known to the pharmacist,
the pharmacist shall obtain proof to a reasonable certainty of the
validity of said prescription. A prescription order for a controlled
substance shall not be issued on the same prescription blank with
another prescription order for a controlled substance which is named or
described in a different schedule, nor shall any prescription order for
a controlled substance be issued on the same prescription blank as a
prescription order for a medicinal drug, as defined in 2s. 465.031(5),
which does not fall within the definition of a controlled substance as
defined in this act.
(21) "Wholesaler" means any person who acts as a jobber, wholesale
merchant, or broker, or an agent thereof, who sells or distributes for
resale any drug as defined by the Florida Drug and Cosmetic Act.
However, this definition does not apply to persons who sell only patent
or proprietary preparations as defined in the Florida Pharmacy Act.
Pharmacies, and pharmacists employed thereby, are specifically excluded
from this definition.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
2Note.--Repealed by s. 4, ch. 79-226.
893.03 Standards and schedules.--The substances enumerated in
this section are controlled by this chapter. The controlled substances
listed or to be listed in Schedules I, II, III, IV, and V are included
by whatever official, common, usual, chemical, or trade name designated.
The provisions of this section shall not be construed to include within
any of the schedules contained in this section any excluded drugs listed
within the purview of 21 C.F.R. s. 1308.22, styled "Excluded
Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical
Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted Prescription
Products"; or 21 C.F.R. s. 1308.34, styled "Exempt Anabolic Steroid
Products."
(1) SCHEDULE I.--A substance in Schedule I has a high potential for
abuse and has no currently accepted medical use in treatment in the
United States and in its use under medical supervision does not meet
accepted safety standards. The following substances are controlled in
Schedule I:
(a) Unless specifically excepted or unless listed in another schedule,
any of the following substances, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, whenever the
existence of such isomers, esters, ethers, and salts is possible within
the specific chemical designation:
1. Acetyl-alpha-methylfentanyl.
2. Acetylmethadol.
3. Allylprodine.
4. Alphacetylmethadol (except levo-alphacetylmethadol, also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
5. Alphamethadol.
6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl)
ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).
7. Alpha-methylthiofentanyl.
8. Alphameprodine.
9. Benzethidine.
10. Benzylfentanyl.
11. Betacetylmethadol.
12. Beta-hydroxyfentanyl.
13. Beta-hydroxy-3-methylfentanyl.
14. Betameprodine.
15. Betamethadol.
16. Betaprodine.
17. Clonitazene.
18. Dextromoramide.
19. Diampromide.
20. Diethylthiambutene.
21. Difenoxin.
22. Dimenoxadol.
23. Dimepheptanol.
24. Dimethylthiambutene.
25. Dioxaphetyl butyrate.
26. Dipipanone.
27. Ethylmethylthiambutene.
28. Etonitazene.
29. Etoxeridine.
30. Flunitrazepam.
31. Furethidine.
32. Hydroxypethidine.
33. Ketobemidone.
34. Levomoramide.
35. Levophenacylmorphan.
36. 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).
37. 3-Methylfentanyl (N-
[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide).
38. 3-Methylthiofentanyl.
39. 3, 4-Methylenedioxymethamphetamine (MDMA).
40. Morpheridine.
41. Noracymethadol.
42. Norlevorphanol.
43. Normethadone.
44. Norpipanone.
45. Para-Fluorofentanyl.
46. Phenadoxone.
47. Phenampromide.
48. Phenomorphan.
49. Phenoperidine.
50. 1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).
51. Piritramide.
52. Proheptazine.
53. Properidine.
54. Propiram.
55. Racemoramide.
56. Thenylfentanyl.
57. Thiofentanyl.
58. Tilidine.
59. Trimeperidine.
(b) Unless specifically excepted or unless listed in another schedule,
any of the following substances, their salts, isomers, and salts of
isomers, whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
1. Acetorphine.
2. Acetyldihydrocodeine.
3. Benzylmorphine.
4. Codeine methylbromide.
5. Codeine-N-Oxide.
6. Cyprenorphine.
7. Desomorphine.
8. Dihydromorphine.
9. Drotebanol.
10. Etorphine (except hydrochloride salt).
11. Heroin.
12. Hydromorphinol.
13. Methyldesorphine.
14. Methyldihydromorphine.
15. Monoacetylmorphine.
16. Morphine methylbromide.
17. Morphine methylsulfonate.
18. Morphine-N-Oxide.
19. Myrophine.
20. Nicocodine.
21. Nicomorphine.
22. Normorphine.
23. Pholcodine.
24. Thebacon.
(c) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following hallucinogenic substances or which contains
any of their salts, isomers, and salts of isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
1. Alpha-ethyltryptamine.
2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4-methylaminorex).
3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
4. 4-Bromo-2,5-dimethoxyamphetamine.
5. 4-Bromo-2, 5-dimethoxyphenethylamine.
6. Bufotenine.
7. Cannabis.
8. Cathinone.
9. Diethyltryptamine.
10. 2,5-Dimethoxyamphetamine.
11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
12. Dimethyltryptamine.
13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine analog of
phencyclidine).
14. N-Ethyl-3-piperidyl benzilate.
15. N-ethylamphetamine.
16. Fenethylline.
17. N-Hydroxy-3,4-methylenedioxyamphetamine.
18. Ibogaine.
19. Lysergic acid diethylamide (LSD).
20. Mescaline.
21. Methcathinone.
22. 5-Methoxy-3,4-methylenedioxyamphetamine.
23. 4-methoxyamphetamine.
24. 4-methoxymethamphetamine.
25. 4-Methyl-2,5-dimethoxyamphetamine.
26. 3,4-Methylenedioxy-N-ethylamphetamine.
27. 3,4-Methylenedioxyamphetamine.
28. N-Methyl-3-piperidyl benzilate.
29. N,N-dimethylamphetamine.
30. Parahexyl.
31. Peyote.
32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine analog of
phencyclidine).
33. Psilocybin.
34. Psilocyn.
35. Tetrahydrocannabinols.
36. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) (Thiophene analog of
phencyclidine).
37. 3,4,5-Trimethoxyamphetamine.
(d) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances, including any of its salts,
isomers, optical isomers, salts of their isomers, and salts of these
optical isomers whenever the existence of such isomers and salts is
possible within the specific chemical designation:
1. 1,4-Butanediol.
2. Gamma-butyrolactone (GBL).
3. Gamma-hydroxybutyric acid (GHB).
4. Methaqualone.
5. Mecloqualone.
(2) SCHEDULE II.--A substance in Schedule II has a high potential for
abuse and has a currently accepted but severely restricted medical use
in treatment in the United States, and abuse of the substance may lead
to severe psychological or physical dependence. The following substances
are controlled in Schedule II:
(a) Unless specifically excepted or unless listed in another schedule,
any of the following substances, whether produced directly or indirectly
by extraction from substances of vegetable origin or independently by
means of chemical synthesis:
1. Opium and any salt, compound, derivative, or preparation of opium,
except nalmefene or isoquinoline alkaloids of opium, including, but not
limited to the following:
a. Raw opium.
b. Opium extracts.
c. Opium fluid extracts.
d. Powdered opium.
e. Granulated opium.
f. Tincture of opium.
g. Codeine.
h. Ethylmorphine.
i. Etorphine hydrochloride.
j. Hydrocodone.
k. Hydromorphone.
l. Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM).
m. Metopon (methyldihydromorphinone).
n. Morphine.
o. Oxycodone.
p. Oxymorphone.
q. Thebaine.
2. Any salt, compound, derivative, or preparation of a substance which
is chemically equivalent to or identical with any of the substances
referred to in subparagraph 1., except that these substances shall not
include the isoquinoline alkaloids of opium.
3. Any part of the plant of the species Papaver somniferum, L.
4. Cocaine or ecgonine, including any of their stereoisomers, and any
salt, compound, derivative, or preparation of cocaine or ecgonine.
(b) Unless specifically excepted or unless listed in another schedule,
any of the following substances, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, whenever the
existence of such isomers, esters, ethers, and salts is possible within
the specific chemical designation:
1. Alfentanil.
2. Alphaprodine.
3. Anileridine.
4. Bezitramide.
5. Bulk propoxyphene (nondosage forms).
6. Carfentanil.
7. Dihydrocodeine.
8. Diphenoxylate.
9. Fentanyl.
10. Isomethadone.
11. Levomethorphan.
12. Levorphanol.
13. Metazocine.
14. Methadone.
15. Methadone-Intermediate,4-cyano-2-
dimethylamino-4,4-diphenylbutane.
16. Moramide-Intermediate,2-methyl-
3-morpholoino-1,1-diphenylpropane-carboxylic acid.
17. Nabilone.
18. Pethidine (meperidine).
19. Pethidine-Intermediate-A,4-cyano-1-
methyl-4-phenylpiperidine.
20. Pethidine-Intermediate-B,ethyl-4-
phenylpiperidine-4-carboxylate.
21. Pethidine-Intermediate-C,1-methyl-4- phenylpiperidine-4-
carboxylic acid.
22. Phenazocine.
23. Phencyclidine.
24. 1-Phenylcyclohexylamine.
25. Piminodine.
26. 1-Piperidinocyclohexanecarbonitrile.
27. Racemethorphan.
28. Racemorphan.
29. Sufentanil.
(c) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances, including their salts, isomers,
optical isomers, salts of their isomers, and salts of their optical
isomers:
1. Amobarbital.
2. Amphetamine.
3. Glutethimide.
4. Methamphetamine.
5. Methylphenidate.
6. Pentobarbital.
7. Phenmetrazine.
8. Phenylacetone.
9. Secobarbital.
(3) SCHEDULE III.--A substance in Schedule III has a potential for abuse
less than the substances contained in Schedules I and II and has a
currently accepted medical use in treatment in the United States, and
abuse of the substance may lead to moderate or low physical dependence
or high psychological dependence or, in the case of anabolic steroids,
may lead to physical damage. The following substances are controlled in
Schedule III:
(a) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any
quantity of the following substances having a depressant or stimulant
effect on the nervous system:
1. Any substance which contains any quantity of a derivative of
barbituric acid, including thiobarbituric acid, or any salt of a
derivative of barbituric acid or thiobarbituric acid, including, but not
limited to, butabarbital and butalbital.
2. Benzphetamine.
3. Chlorhexadol.
4. Chlorphentermine.
5. Clortermine.
6. Lysergic acid.
7. Lysergic acid amide.
8. Methyprylon.
9. Phendimetrazine.
10. Sulfondiethylmethane.
11. Sulfonethylmethane.
12. Sulfonmethane.
13. Tiletamine and zolazepam or any salt thereof.
(b) Nalorphine.
(c) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing limited
quantities of any of the following controlled substances or any salts
thereof:
1. Not more than 1.8 grams of codeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with an equal or greater quantity of
an isoquinoline alkaloid of opium.
2. Not more than 1.8 grams of codeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with recognized therapeutic amounts
of one or more active ingredients which are not controlled substances.
3. Not more than 300 milligrams of hydrocodone per 100 milliliters or
not more than 15 milligrams per dosage unit, with a fourfold or greater
quantity of an isoquinoline alkaloid of opium.
4. Not more than 300 milligrams of hydrocodone per 100 milliliters or
not more than 15 milligrams per dosage unit, with recognized therapeutic
amounts of one or more active ingredients that are not controlled
substances.
5. Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not
more than 90 milligrams per dosage unit, with recognized therapeutic
amounts of one or more active ingredients which are not controlled
substances.
6. Not more than 300 milligrams of ethylmorphine per 100 milliliters or
not more than 15 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
7. Not more than 50 milligrams of morphine per 100 milliliters or per
100 grams, with recognized therapeutic amounts of one or more active
ingredients which are not controlled substances.
For purposes of charging a person with a violation of s. 893.135
involving any controlled substance described in subparagraph 3. or
subparagraph 4., the controlled substance is a Schedule III controlled
substance pursuant to this paragraph but the weight of the controlled
substance per milliliters or per dosage unit is not relevant to the
charging of a violation of s. 893.135. The weight of the controlled
substance shall be determined pursuant to s. 893.135(6).
(d) Anabolic steroids.
1. The term "anabolic steroid" means any drug or hormonal substance,
chemically and pharmacologically related to testosterone, other than
estrogens, progestins, and corticosteroids, that promotes muscle growth
and includes:
a. Androsterone.
b. Androsterone acetate.
c. Boldenone.
d. Boldenone acetate.
e. Boldenone benzoate.
f. Boldenone undecylenate.
g. Chlorotestosterone (4-chlortestosterone).
h. Clostebol.
i. Dehydrochlormethyltestosterone.
j. Dihydrotestosterone (4-dihydrotestosterone).
k. Drostanolone.
l. Ethylestrenol.
m. Fluoxymesterone.
n. Formebulone (formebolone).
o. Mesterolone.
p. Methandienone.
q. Methandranone.
r. Methandriol.
s. Methandrostenolone.
t. Methenolone.
u. Methyltestosterone.
v. Mibolerone.
w. Nandrolone.
x. Norethandrolone.
y. Nortestosterone.
z. Nortestosterone decanoate.
aa. Nortestosterone phenylpropionate.
bb. Nortestosterone propionate.
cc. Oxandrolone.
dd. Oxymesterone.
ee. Oxymetholone.
ff. Stanolone.
gg. Stanozolol.
hh. Testolactone.
ii. Testosterone.
jj. Testosterone acetate.
kk. Testosterone benzoate.
ll. Testosterone cypionate.
mm. Testosterone decanoate.
nn. Testosterone enanthate.
oo. Testosterone isocaproate.
pp. Testosterone oleate.
qq. Testosterone phenylpropionate.
rr. Testosterone propionate.
ss. Testosterone undecanoate.
tt. Trenbolone.
uu. Trenbolone acetate.
vv. Any salt, ester, or isomer of a drug or substance described or
listed in this subparagraph if that salt, ester, or isomer promotes
muscle growth.
2. The term does not include an anabolic steroid that is expressly
intended for administration through implants to cattle or other nonhuman
species and that has been approved by the United States Secretary of
Health and Human Services for such administration. However, any person
who prescribes, dispenses, or distributes such a steroid for human use
is considered to have prescribed, dispensed, or distributed an anabolic
steroid within the meaning of this paragraph.
(e) Ketamine, including any isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of such isomers,
esters, ethers, and salts is possible within the specific chemical
designation.
(f) Dronabinol (synthetic THC) in sesame oil and encapsulated in a soft
gelatin capsule in a drug product approved by the United States Food and
Drug Administration.
(g) Any drug product containing gamma-hydroxybutyric acid, including its
salts, isomers, and salts of isomers, for which an application is
approved under s. 505 of the Federal Food, Drug, and Cosmetic Act.
(4) SCHEDULE IV.--A substance in Schedule IV has a low potential for
abuse relative to the substances in Schedule III and has a currently
accepted medical use in treatment in the United States, and abuse of the
substance may lead to limited physical or psychological dependence
relative to the substances in Schedule III. Unless specifically excepted
or unless listed in another schedule, any material, compound, mixture,
or preparation which contains any quantity of the following substances,
including its salts, isomers, and salts of isomers whenever the
existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, are controlled in Schedule IV:
(a) Alprazolam.
(b) Barbital.
(c) Bromazepam.
(d) Camazepam.
(e) Cathine.
(f) Chloral betaine.
(g) Chloral hydrate.
(h) Chlordiazepoxide.
(i) Clobazam.
(j) Clonazepam.
(k) Clorazepate.
(l) Clotiazepam.
(m) Cloxazolam.
(n) Delorazepam.
(o) Propoxyphene (dosage forms).
(p) Diazepam.
(q) Diethylpropion.
(r) Estazolam.
(s) Ethchlorvynol.
(t) Ethinamate.
(u) Ethyl loflazepate.
(v) Fencamfamin.
1(w) Fenfluramine.
(x) Fenproporex.
(y) Fludiazepam.
(z) Flurazepam.
(aa) Halazepam.
(bb) Haloxazolam.
(cc) Ketazolam.
(dd) Loprazolam.
(ee) Lorazepam.
(ff) Lormetazepam.
(gg) Mazindol.
(hh) Mebutamate.
(ii) Medazepam.
(jj) Mefenorex.
(kk) Meprobamate.
(ll) Methohexital.
(mm) Methylphenobarbital.
(nn) Midazolam.
(oo) Nimetazepam.
(pp) Nitrazepam.
(qq) Nordiazepam.
(rr) Oxazepam.
(ss) Oxazolam.
(tt) Paraldehyde.
(uu) Pemoline.
(vv) Pentazocine.
(ww) Phenobarbital.
(xx) Phentermine.
(yy) Pinazepam.
(zz) Pipradrol.
(aaa) Prazepam.
(bbb) Propylhexedrine, excluding any patent or proprietary preparation
containing propylhexedrine, unless otherwise provided by federal law.
(ccc) Quazepam.
(ddd) Tetrazepam.
(eee) SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
(fff) Temazepam.
(ggg) Triazolam.
(hhh) Not more than 1 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit.
(iii) Butorphanol tartrate.
(jjj) Carisoprodol.
(5) SCHEDULE V.--A substance, compound, mixture, or preparation of a
substance in Schedule V has a low potential for abuse relative to the
substances in Schedule IV and has a currently accepted medical use in
treatment in the United States, and abuse of such compound, mixture, or
preparation may lead to limited physical or psychological dependence
relative to the substances in Schedule IV.
(a) Substances controlled in Schedule V include any compound, mixture,
or preparation containing any of the following limited quantities of
controlled substances, which shall include one or more active medicinal
ingredients which are not controlled substances in sufficient proportion
to confer upon the compound, mixture, or preparation valuable medicinal
qualities other than those possessed by the controlled substance alone:
1. Not more than 200 milligrams of codeine per 100 milliliters or per
100 grams.
2. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or
per 100 grams.
3. Not more than 100 milligrams of ethylmorphine per 100 milliliters or
per 100 grams.
4. Not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit.
5. Not more than 100 milligrams of opium per 100 milliliters or per 100
grams.
(b) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs and their salts:
Buprenorphine.
(c) Stimulants. Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains
any quantity of the following substances having a stimulant effect on
the central nervous system, including its salts, isomers, and salts of
isomers: Pyrovalerone.
1Note.--Section 1, ch. 97-1, added paragraph (4)(w) listing fenfluramine.
Section 5, ch. 97-1, repealed paragraph (4)(w) effective upon the
removal of fenfluramine from the schedules of controlled substances in
21 C.F.R. s. 1308. The Drug Enforcement Administration of the United
States Department of Justice filed a proposed final rule removing
fenfluramine from the schedules, see 62 F.R. 24620, May 6, 1997.
893.031 Industrial exceptions to controlled substance scheduling.--
(1) For the purpose of this section, the following meanings of terms
shall apply:
(a) "Manufacture" means any process or operation necessary for
manufacturing a product.
(b) "Distribution" means any process or operation necessary for
distributing a product, including, but not limited to, wholesaling,
delivery or transport, and storage.
(c) "Manufacturer of 1,4-Butanediol" means a person who is involved in
the manufacture of 1,4-Butanediol for use in the manufacture of an
industrial product and who provides that manufactured 1,4-Butanediol to
a distributor of 1,4-Butanediol or a manufacturer of an industrial
product.
(d) "Distributor of 1,4-Butanediol" means a person who is involved in
the distribution of 1,4-Butanediol.
(e) "Manufacturer of gamma-butyrolactone (GBL)" means a person who:
1. Is involved in the manufacture of gamma-butyrolactone (GBL) for use
in the manufacture of an industrial product and who provides that
manufactured gamma-butyrolactone (GBL) to a distributor of gamma-butyrolactone
(GBL) or a manufacturer of an industrial product; and
2. Is in compliance with any requirements to register with the United
States Drug Enforcement Administration as a List I Chemical registrant.
(f) "Distributor of gamma-butyrolactone (GBL)" means a person who:
1. Is involved in the distribution of gamma-butyrolactone (GBL); and
2. Is in compliance with any requirements to register with the United
States Drug Enforcement Administration as a List I Chemical registrant.
(g) "Manufacturer of an industrial product" means a person who is
involved in the manufacture of an industrial product in which that
person acquires:
1. 1,4-Butanediol from a manufacturer of 1,4-Butanediol or a distributor
of 1,4-Butanediol and who possesses that substance for use in the
manufacture of an industrial product; or
2. Gamma-butyrolactone (GBL) from a manufacturer of gamma-butyrolactone
(GBL) or a distributor of gamma-butyrolactone (GBL) and who possesses
that substance for use in the manufacture of an industrial product.
(h) "Distributor of an industrial product" means a person who is
involved in the distribution of an industrial product.
(i) "Industrial product" means a nondrug, noncontrolled finished product
that is not for human consumption.
(j) "Finished product" means a product:
1. That does not contain either 1,4-Butanediol or gamma-butyrolactone (GBL);
or
2. From which neither 1,4-Butanediol nor gamma-butyrolactone (GBL) can
be readily extracted or readily synthesized and which is not sold for
human consumption.
(2) 1,4-Butanediol is excepted from scheduling pursuant to s.
893.03(1)(d)1. when that substance is in the possession of:
(a) A manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol;
(b) A manufacturer of an industrial product or a distributor of an
industrial product; or
(c) A person possessing a finished product.
(3) Gamma-butyrolactone (GBL) is excepted from scheduling pursuant to s.
893.03(1)(d)2. when that substance is in the possession of:
(a) A manufacturer of gamma-butyrolactone (GBL) or a distributor of
gamma-butyrolactone (GBL);
(b) A manufacturer of an industrial product or a distributor of an
industrial product; or
(c) A person possessing a finished product.
(4) This section does not apply to:
(a) A manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol
who sells, delivers, or otherwise distributes that substance to a person
who is not a distributor of 1,4-Butanediol or a manufacturer of an
industrial product;
(b) A manufacturer of gamma-butyrolactone (GBL) or a distributor of
gamma-butyrolactone (GBL) who sells, delivers, or otherwise distributes
that substance to a person who is not a distributor of gamma-butyrolactone
(GBL) or a manufacturer of an industrial product;
(c) A person who possesses 1,4-Butanediol but who is not a manufacturer
of 1,4-Butanediol, a distributor of 1,4-Butanediol, a manufacturer of an
industrial product, a distributor of an industrial product, or a person
possessing a finished product as described in paragraph (2)(c) or
paragraph (3)(c);
(d) A person who possesses gamma-butyrolactone (GBL) but who is not a
manufacturer of gamma-butyrolactone (GBL), a distributor of gamma-butyrolactone
(GBL), a manufacturer of an industrial product, a distributor of an
industrial product, or a person possessing a finished product as
described in paragraph (2)(c) or paragraph (3)(c);
(e) A person who extracts or synthesizes either 1,4-Butanediol or gamma-butyrolactone
(GBL) from a finished product as described in subparagraph(1)(j)2. or a
person who extracts or synthesizes 1,4-Butanediol or gamma-butyrolactone
(GBL) from any product or material, unless such extraction or synthesis
is authorized by law; or
(f) A person whose possession of either 1,4-Butanediol or gamma-butyrolactone
(GBL) is not in compliance with the requirements of this section or
whose possession of either of those substances is not specifically
authorized by law.
893.033 Listed chemicals.--The chemicals listed in this section are
included by whatever official, common, usual, chemical, or trade name
designated.
(1) PRECURSOR CHEMICALS.--The term "listed precursor chemical" means a
chemical that may be used in manufacturing a controlled substance in
violation of this chapter and is critical to the creation of the
controlled substance, and such term includes any salt, optical isomer,
or salt of an optical isomer, whenever the existence of such salt,
optical isomer, or salt of optical isomer is possible within the
specific chemical designation. The following are "listed precursor
chemicals":
(a) Anthranilic acid.
(b) Benzaldehyde.
(c) Benzyl cyanide.
(d) Chloroephedrine.
(e) Chloropseudoephedrine.
(f) Ephedrine.
(g) Ergonovine.
(h) Ergotamine.
(i) Hydriodic acid.
(j) Ethylamine.
(k) Isosafrole.
(l) Methylamine.
(m) 3, 4-Methylenedioxyphenyl-2-propanone.
(n) N-acetylanthranilic acid.
(o) N-ethylephedrine.
(p) N-ethylpseudoephedrine.
(q) N-methylephedrine.
(r) N-methylpseudoephedrine.
(s) Nitroethane.
(t) Norpseudoephedrine.
(u) Phenylacetic acid.
(v) Phenylpropanolamine.
(w) Piperidine.
(x) Piperonal.
(y) Propionic anhydride.
(z) Pseudoephedrine.
(aa) Safrole.
(2) ESSENTIAL CHEMICALS.--The term "listed essential chemical" means a
chemical that may be used as a solvent, reagent, or catalyst in
manufacturing a controlled substance in violation of this chapter. The
following are "listed essential chemicals":
(a) Acetic anhydride.
(b) Acetone.
(c) Anhydrous ammonia.
(d) Benzyl chloride.
(e) 2-Butanone.
(f) Ethyl ether.
(g) Hydrochloric gas.
(h) Hydriodic acid.
(i) Iodine.
(j) Potassium permanganate.
(k) Toluene.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
893.035 Control of new substances; findings of fact; delegation of
authority to Attorney General to control substances by rule.--
(1)(a) New substances are being created which are not controlled under
the provisions of this chapter but which have a potential for abuse
similar to or greater than that for substances controlled under this
chapter. These new substances are sometimes called "designer drugs"
because they can be designed to produce a desired pharmacological effect
and to evade the controlling statutory provisions. Designer drugs are
being manufactured, distributed, possessed, and used as substitutes for
controlled substances.
(b) The hazards attributable to the traffic in and use of these designer
drugs are increased because their unregulated manufacture produces
variations in purity and concentration.
(c) Many such new substances are untested, and it cannot be immediately
determined whether they have useful medical or chemical purposes.
(d) The uncontrolled importation, manufacture, distribution, possession,
or use of these designer drugs has a substantial and detrimental impact
on the health and safety of the people of Florida.
(e) These designer drugs can be created more rapidly than they can be
identified and controlled by action of the Legislature. There is a need
for a speedy and expert administrative determination of their proper
classification under this chapter. It is therefore necessary to delegate
to an administrative agency restricted authority to identify and
classify new substances that have a potential for abuse, so that they
can be controlled in the same manner as other substances currently
controlled under this chapter.
(2) The Attorney General shall apply the provisions of this section to
any substance not currently controlled under the provisions of s.
893.03. The Attorney General may by rule:
(a) Add a substance to a schedule established by s. 893.03, or transfer
a substance between schedules, if he or she finds that it has a
potential for abuse and he or she makes with respect to it the other
findings appropriate for classification in the particular schedule under
s. 893.03 in which it is to be placed.
(b) Remove a substance previously added to a schedule if he or she finds
the substance does not meet the requirements for inclusion in that
schedule.
Rules adopted under this section shall be made pursuant to the
rulemaking procedures prescribed by chapter 120.
(3)(a) The term "potential for abuse" in this section means that a
substance has properties as a central nervous system stimulant or
depressant or a hallucinogen that create a substantial likelihood of its
being:
1. Used in amounts that create a hazard to the user's health or the
safety of the community;
2. Diverted from legal channels and distributed through illegal
channels; or
3. Taken on the user's own initiative rather than on the basis of
professional medical advice.
Proof of potential for abuse can be based upon a showing that these
activities are already taking place, or upon a showing that the nature
and properties of the substance make it reasonable to assume that there
is a substantial likelihood that such activities will take place, in
other than isolated or occasional instances.
(b) The terms "immediate precursor" and "narcotic drug" shall be given
the same meanings as provided by s. 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970, 21 U.S.C. s. 802, as amended and in
effect on April 1, 1985.
(4) In making any findings under this section, the Attorney General
shall consider the following factors with respect to each substance
proposed to be controlled or removed from control:
(a) Its actual or relative potential for abuse.
(b) Scientific evidence of its pharmacological effect, if known.
(c) The state of current scientific knowledge regarding the drug or
other substance.
(d) Its history and current pattern of abuse.
(e) The scope, duration, and significance of abuse.
(f) What, if any, risk there is to the public health.
(g) Its psychic or physiological dependence liability.
(h) Whether the substance is an immediate precursor of a substance
already controlled under this chapter.
The findings and conclusions of the United States Attorney General or
his or her delegee, as set forth in the Federal Register, with respect
to any substance pursuant to s. 201 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970, 21 U.S.C. s. 811, as amended and in
effect on April 1, 1985, shall be admissible as evidence in any
rulemaking proceeding under this section, including an emergency
rulemaking proceeding under subsection (7).
(5) Before initiating proceedings under subsection (2), the Attorney
General shall request from the Department of Health and the Department
of Law Enforcement a medical and scientific evaluation of the substance
under consideration and a recommendation as to the appropriate
classification, if any, of such substance as a controlled substance. In
responding to this request, the Department of Health and the Department
of Law Enforcement shall consider the factors listed in subsection (4).
The Department of Health and the Department of Law Enforcement shall
respond to this request promptly and in writing; however, their response
is not subject to chapter 120. If both the Department of Health and the
Department of Law Enforcement recommend that a substance not be
controlled, the Attorney General shall not control that substance. If
the Attorney General determines, based on the evaluations and
recommendations of the Department of Health and the Department of Law
Enforcement and all other available evidence, that there is substantial
evidence of potential for abuse, he or she shall initiate proceedings
under paragraph (2)(a) with respect to that substance.
(6)(a) The Attorney General shall by rule exempt any nonnarcotic
substance controlled by rule under this section from the application of
this section if such substance may, under the Federal Food, Drug, and
Cosmetic Act, be lawfully sold over the counter without a prescription.
(b) The Attorney General may by rule exempt any compound, mixture, or
preparation containing a substance controlled by rule under this section
from the application of this section if he or she finds that such
compound, mixture, or preparation meets the requirements of either of
the following subcategories:
1. A mixture or preparation containing a nonnarcotic substance
controlled by rule, which mixture or preparation is approved for
prescription use and which contains one or more other active ingredients
which are not listed in any schedule and which are included therein in
such combinations, quantity, proportion, or concentration as to vitiate
the potential for abuse.
2. A compound, mixture, or preparation which contains any substance
controlled by rule, which is not for administration to a human being or
animal, and which is packaged in such form or concentration, or with
adulterants or denaturants, so that as packaged it does not present any
significant potential for abuse.
(7)(a) If the Attorney General finds that the scheduling of a substance
in Schedule I of s. 893.03 on a temporary basis is necessary to avoid an
imminent hazard to the public safety, he or she may by rule and without
regard to the requirements of subsection (5) relating to the Department
of Health and the Department of Law Enforcement schedule such substance
in Schedule I if the substance is not listed in any other schedule of s.
893.03. The Attorney General shall be required to consider, with respect
to his or her finding of imminent hazard to the public safety, only
those factors set forth in paragraphs (3)(a) and (4)(d), (e), and (f),
including actual abuse, diversion from legitimate channels, and
clandestine importation, manufacture, or distribution.
(b) The Attorney General may use emergency rulemaking provisions under
s. 120.54(4) in scheduling substances under this subsection.
Notwithstanding the provisions of s. 120.54(4)(c), any rule adopted
under this subsection shall not expire except as provided in subsection
(9).
(8)(a) Upon the effective date of a rule adopted pursuant to this
section adding or transferring a substance to a schedule under s.
893.03, such substance shall be deemed included in that schedule, and
all provisions of this chapter applicable to substances in that schedule
shall be deemed applicable to such substance.
(b) A rule adopted pursuant to this section shall continue in effect
until it is repealed; until it is declared invalid in proceedings under
s. 120.56 or in proceedings before a court of competent jurisdiction; or
until it expires under the provisions of subsection (9).
(9) The Attorney General shall report to the Legislature by March 1 of
each year concerning the rules adopted under this section during the
previous year. Each rule so reported shall expire on the following June
30 unless the Legislature adopts the provisions thereof as an amendment
to this chapter.
(10) The repeal, expiration, or determination of invalidity of any rule
shall not operate to create any claim or cause of action against any law
enforcement officer or other enforcing authority for actions taken in
good faith in reliance on the validity of the rule.
(11) In construing this section, due consideration and great weight
should be given to interpretations of the United States Attorney General
and the federal courts relating to s. 201 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970, 21 U.S.C. s. 811, as amended
and in effect on April 1, 1985. All substantive rules adopted under this
part shall not be inconsistent with the rules of the United States
Attorney General and the decisions of the federal courts interpreting
the provisions of s. 201 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970, 21 U.S.C. s. 811, as amended and in effect on April
1, 1985.
(12) The adoption of a rule transferring a substance from one schedule
to another or removing a substance from a schedule pursuant to this
section shall not affect prosecution or punishment for any crime
previously committed with respect to that substance.
893.0355 Control of scheduled substances; delegation of authority to
Attorney General to reschedule substance, or delete substance, by
rule.--
(1) The Legislature has determined that, from time to time, additional
testings, approvals, or scientific evidence may indicate that controlled
substances listed in Schedules I, II, III, IV, and V hereof have a
greater potential for beneficial medical use in treatment in the United
States than was evident when such substances were initially scheduled.
It is the intent of the Legislature to quickly provide a method for an
immediate change to the scheduling and control of such substances to
allow for the beneficial medical use thereof so that more flexibility
will be available than is possible through rescheduling legislatively.
(2) The Attorney General is hereby delegated the authority to adopt
rules rescheduling specified substances to a less controlled schedule,
or deleting specified substances from a schedule, upon a finding that
reduced control of such substances is in the public interest. In
determining whether reduced control of a substance is in the public
interest, the Attorney General shall consider the following:
(a) Whether the substance has been rescheduled or deleted from any
schedule by rule adopted by the United States Attorney General pursuant
to s. 201 of the Comprehensive Drug Abuse Prevention and Control Act of
1970, 21 U.S.C. s. 811.
(b) The substance's actual or relative potential for abuse.
(c) Scientific evidence of the substance's pharmacological effect, if
known.
(d) The state of current scientific knowledge regarding the substance.
(e) The substance's history and current pattern of abuse.
(f) The scope, duration, and significance of abuse.
(g) What, if any, risk there is to the public health.
(h) The substance's psychic or physiological dependence liability.
(3) In making the public interest determination, the Attorney General
shall give great weight to the scheduling rules adopted by the United
States Attorney General subsequent to such substances being listed in
Schedules I, II, III, IV, and V hereof, to achieve the original
legislative purpose of the Florida Comprehensive Drug Abuse Prevention
and Control Act of maintaining uniformity between the laws of Florida
and the laws of the United States with respect to controlled substances.
(4) Rulemaking under this section shall be in accordance with the
procedural requirements of chapter 120, including the emergency rule
provisions found in s. 120.54. The Attorney General may initiate
proceedings for adoption, amendment, or repeal of any rule on his or her
own motion or upon the petition of any interested party.
(5) Upon the effective date of a rule adopted pursuant to this section,
the rule's rescheduling or deletion of a substance shall be effective
for all purposes under this chapter.
(6) Rules adopted pursuant to this section shall be reviewed each year
by the Legislature. Each rule shall remain in effect until the effective
date of legislation that provides for a different scheduling of a
substance than that set forth in such rule.
(7) The adoption of a rule rescheduling a substance or deleting a
substance from control pursuant to this section shall not affect
prosecution or punishment for any crime previously committed with
respect to that substance.
(8) The provisions of this section apply only to substances controlled
expressly by statute and not to substances controlled by rules adopted
under the authority granted in the provisions of s. 893.035.
893.0356 Control of new substances; findings of fact; "controlled
substance analog" defined.--
(1)(a) New substances are being created which are not controlled under
the provisions of this chapter but which have a potential for abuse
similar to or greater than that for substances controlled under this
chapter. These new substances are called "controlled substance analogs,"
and can be designed to produce a desired pharmacological effect and to
evade the controlling statutory provisions. Controlled substance analogs
are being manufactured, distributed, possessed, and used as substitutes
for controlled substances.
(b) The hazards attributable to the traffic in and use of controlled
substance analogs are increased because their unregulated manufacture
produces variations in purity and concentration.
(c) Many such new substances are untested, and it cannot be immediately
determined whether they have useful medical or chemical purposes.
(d) The uncontrolled importation, manufacture, distribution, possession,
or use of controlled substance analogs has a substantial and detrimental
impact on the health and safety of the people of Florida.
(e) Controlled substance analogs can be created more rapidly than they
can be identified and controlled by action of the Legislature. There is
a need for a speedy determination of their proper classification under
this chapter. It is therefore necessary to identify and classify new
substances that have a potential for abuse, so that they can be
controlled in the same manner as other substances currently controlled
under this chapter.
(2)(a) As used in this section, "controlled substance analog" means a
substance which, due to its chemical structure and potential for abuse,
meets the following criteria:
1. Is substantially similar to that of a controlled substance listed in
Schedule I or Schedule II of s. 893.03; and
2. Has a stimulant, depressant, or hallucinogenic effect on the central
nervous system or is represented or intended to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
substantially similar to or greater than that of a controlled substance
listed in Schedule I or Schedule II of s. 893.03.
(b) "Controlled substance analog" does not include:
1. A controlled substance;
2. Any substance for which there is an approved new drug application;
3. Any compound, mixture, or preparation which contains any controlled
substance which is not for administration to a human being or animal,
and which is packaged in such form or concentration, or with adulterants
or denaturants, so that as packaged it does not present any significant
potential for abuse; or
4. Any substance to which an investigational exemption applies under s.
505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. 355, but only to the
extent that conduct with respect to the substance is pursuant to such
exemption.
(3) The term "potential for abuse" in this section means that a
substance has properties as a central nervous system stimulant or
depressant or a hallucinogen that create a substantial likelihood of its
being:
(a) Used in amounts that create a hazard to the user's health or the
safety of the community;
(b) Diverted from legal channels and distributed through illegal
channels; or
(c) Taken on the user's own initiative rather than on the basis of
professional medical advice.
Proof of potential for abuse can be based upon a showing that these
activities are already taking place, or upon a showing that the nature
and properties of the substance make it reasonable to assume that there
is a substantial likelihood that such activities will take place, in
other than isolated or occasional instances.
(4) The following factors shall be relevant to a finding that a
substance is a controlled substance analog within the purview of this
section:
(a) Its actual or relative potential for abuse.
(b) Scientific evidence of its pharmacological effect, if known.
(c) The state of current scientific knowledge regarding the substance.
(d) Its history and current pattern of abuse.
(e) The scope, duration, and significance of abuse.
(f) What, if any, risk there is to the public health.
(g) Its psychic or physiological dependence liability.
(h) Its diversion from legitimate channels, and clandestine importation,
manufacture, or distribution.
(i) Whether the substance is an immediate precursor of a substance
already controlled under this chapter.
(5) A controlled substance analog shall, for purposes of drug abuse
prevention and control, be treated as a controlled substance in Schedule
I of s. 893.03.
(6) In construing this section, due consideration and great weight
should be given to interpretations of the United States Attorney General
and the federal courts relating to s. 201 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970, 21 U.S.C. s. 811, as amended
and in effect on April 1, 1985. New substances controlled under this
section shall not be treated in a manner inconsistent with the rules of
the United States Attorney General and the decisions of the federal
courts interpreting the provisions of s. 201 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970, 21 U.S.C. s. 811, as amended
and in effect on April 1, 1985.
(7) The treatment of a new substance as a controlled substance pursuant
to this section shall not affect prosecution or punishment for any crime
previously committed with respect to that substance.
893.04 Pharmacist and practitioner.--
(1) A pharmacist, in good faith and in the course of professional
practice only, may dispense controlled substances upon a written or oral
prescription of a practitioner, under the following conditions:
(a) Oral prescriptions must be promptly reduced to writing by the
pharmacist.
(b) The written prescription must be dated and signed by the prescribing
practitioner on the day when issued.
(c) There shall appear on the face of the prescription or written record
thereof for the controlled substance the following information:
1. The full name and address of the person for whom, or the owner of the
animal for which, the controlled substance is dispensed.
2. The full name and address of the prescribing practitioner and the
practitioner's federal controlled substance registry number shall be
printed thereon.
3. If the prescription is for an animal, the species of animal for which
the controlled substance is prescribed.
4. The name of the controlled substance prescribed and the strength,
quantity, and directions for use thereof.
5. The number of the prescription, as recorded in the prescription files
of the pharmacy in which it is filled.
6. The initials of the pharmacist filling the prescription and the date
filled.
(d) The prescription shall be retained on file by the proprietor of the
pharmacy in which it is filled for a period of 2 years.
(e) Affixed to the original container in which a controlled substance is
delivered upon a prescription or authorized refill thereof, as
hereinafter provided, there shall be a label bearing the following
information:
1. The name and address of the pharmacy from which such controlled
substance was dispensed.
2. The date on which the prescription for such controlled substance was
filled.
3. The number of such prescription, as recorded in the prescription
files of the pharmacy in which it is filled.
4. The name of the prescribing practitioner.
5. The name of the patient for whom, or of the owner and species of the
animal for which, the controlled substance is prescribed.
6. The directions for the use of the controlled substance prescribed in
the prescription.
7. A clear, concise warning that it is a crime to transfer the
controlled substance to any person other than the patient for whom
prescribed.
(f) A prescription for a controlled substance listed in Schedule II may
be dispensed only upon a written prescription of a practitioner, except
that in an emergency situation, as defined by regulation of the
Department of Health, such controlled substance may be dispensed upon
oral prescription. No prescription for a controlled substance listed in
Schedule II may be refilled.
(g) No prescription for a controlled substance listed in Schedules III,
IV, or V may be filled or refilled more than five times within a period
of 6 months after the date on which the prescription was written unless
the prescription is renewed by a practitioner.
(2) Notwithstanding the provisions of subsection (1), a pharmacist may
dispense a one-time emergency refill of up to a 72-hour supply of the
prescribed medication for any medicinal drug other than a medicinal drug
listed in Schedule II, in compliance with the provisions of s. 465.0275.
(3) The legal owner of any stock of controlled substances in a pharmacy,
upon discontinuance of dealing in controlled substances, may sell said
stock to a manufacturer, wholesaler, or pharmacy. Such controlled
substances may be sold only upon an order form, when such an order form
is required for sale by the drug abuse laws of the United States or this
state, or regulations pursuant thereto.
893.05 Practitioners and persons administering controlled substances
in their absence.--
(1) A practitioner, in good faith and in the course of his or her
professional practice only, may prescribe, administer, dispense, mix, or
otherwise prepare a controlled substance, or the practitioner may cause
the same to be administered by a licensed nurse or an intern
practitioner under his or her direction and supervision only. A
veterinarian may so prescribe, administer, dispense, mix, or prepare a
controlled substance for use on animals only, and may cause it to be
administered by an assistant or orderly under the veterinarian's
direction and supervision only.
(2) When any controlled substance is dispensed by a practitioner, there
shall be affixed to the original container in which the controlled
substance is delivered a label on which appears:
(a) The date of delivery.
(b) The directions for use of such controlled substance.
(c) The name and address of such practitioner.
(d) The name of the patient and, if such controlled substance is
prescribed for an animal, a statement describing the species of the
animal.
(e) A clear, concise warning that it is a crime to transfer the
controlled substance to any person other than the patient for whom
prescribed.
(3) Any person who obtains from a practitioner or the practitioner's
agent, or pursuant to prescription, any controlled substance for
administration to a patient during the absence of such practitioner
shall return to such practitioner any unused portion of such controlled
substance when it is no longer required by the patient.
893.06 Distribution of controlled substances; order forms; labeling
and packaging requirements.--
(1) Controlled substances in Schedules I and II shall be distributed by
a duly licensed manufacturer, distributor, or wholesaler to a duly
licensed manufacturer, wholesaler, distributor, practitioner, pharmacy,
as defined in chapter 465, hospital, or laboratory only pursuant to an
order form. It shall be deemed a compliance with this subsection if the
parties to the transaction have complied with federal law respecting the
use of order forms.
(2) Possession or control of controlled substances obtained as
authorized by this section shall be lawful if in the regular course of
business, occupation, profession, employment, or duty.
(3) A person in charge of a hospital or laboratory or in the employ of
this state or of any other state, or of any political subdivision
thereof, and a master or other proper officer of a ship or aircraft, who
obtains controlled substances under the provisions of this section or
otherwise, shall not administer, dispense, or otherwise use such
controlled substances within this state, except within the scope of her
or his employment or official duty, and then only for scientific or
medicinal purposes and subject to the provisions of this chapter.
(4) It shall be unlawful to distribute a controlled substance in a
commercial container unless such container bears a label showing the
name and address of the manufacturer, the quantity, kind, and form of
controlled substance contained therein, and the identifying symbol for
such substance, as required by federal law. No person except a
pharmacist, for the purpose of dispensing a prescription, or a
practitioner, for the purpose of dispensing a controlled substance to a
patient, shall alter, deface, or remove any labels so affixed.
893.07 Records.--
(1) Every person who engages in the manufacture, compounding, mixing,
cultivating, growing, or by any other process producing or preparing, or
in the dispensing, importation, or, as a wholesaler, distribution, of
controlled substances shall:
(a) On January 1, 1974, or as soon thereafter as any person first
engages in such activity, and every second year thereafter, make a
complete and accurate record of all stocks of controlled substances on
hand. The inventory may be prepared on the regular physical inventory
date which is nearest to, and does not vary by more than 6 months from,
the biennial date that would otherwise apply. As additional substances
are designated for control under this chapter, they shall be inventoried
as provided for in this subsection.
(b) On and after January 1, 1974, maintain, on a current basis, a
complete and accurate record of each substance manufactured, received,
sold, delivered, or otherwise disposed of by him or her, except that
this subsection shall not require the maintenance of a perpetual
inventory.
Compliance with the provisions of federal law pertaining to the keeping
of records of controlled substances shall be deemed a compliance with
the requirements of this subsection.
(2) The record of controlled substances received shall in every case
show:
(a) The date of receipt.
(b) The name and address of the person from whom received.
(c) The kind and quantity of controlled substances received.
(3) The record of all controlled substances sold, administered,
dispensed, or otherwise disposed of shall show:
(a) The date of selling, administering, or dispensing.
(b) The correct name and address of the person to whom or for whose use,
or the owner and species of animal for which, sold, administered, or
dispensed.
(c) The kind and quantity of controlled substances sold, administered,
or dispensed.
(4) Every inventory or record required by this chapter, including
prescription records, shall be maintained:
(a) Separately from all other records of the registrant, or
(b) Alternatively, in the case of Schedule III, IV, or V controlled
substances, in such form that information required by this chapter is
readily retrievable from the ordinary business records of the
registrant.
In either case, records shall be kept and made available for a period of
at least 2 years for inspection and copying by law enforcement officers
whose duty it is to enforce the laws of this state relating to
controlled substances.
(5) Each person shall maintain a record which shall contain a detailed
list of controlled substances lost, destroyed, or stolen, if any; the
kind and quantity of such controlled substances; and the date of the
discovering of such loss, destruction, or theft.
893.08 Exceptions.--
(1) The following may be distributed at retail without a
prescription, but only by a registered pharmacist:
(a) Any compound, mixture, or preparation described in Schedule V.
(b) Any compound, mixture, or preparation containing any depressant or
stimulant substance described in s. 893.03(2)(a) or (c) except any
amphetamine drug or sympathomimetic amine drug or compound designated as
a Schedule II controlled substance pursuant to this chapter; in s.
893.03(3)(a); or in Schedule IV, if:
1. The compound, mixture, or preparation contains one or more active
medicinal ingredients not having depressant or stimulant effect on the
central nervous system, and
2. Such ingredients are included therein in such combinations, quantity,
proportion, or concentration as to vitiate the potential for abuse of
the controlled substances which do have a depressant or stimulant effect
on the central nervous system.
(2) No compound, mixture, or preparation may be dispensed under
subsection (1) unless such substance may, under the Federal Food, Drug,
and Cosmetic Act, be lawfully sold at retail without a prescription.
(3) The exemptions authorized by this section shall be subject to the
following conditions:
(a) The compounds, mixtures, and preparations referred to in subsection
(1) may be dispensed to persons under age 18 only on prescription. A
bound volume must be maintained as a record of sale at retail of
excepted compounds, mixtures, and preparations, and the pharmacist must
require suitable identification from every unknown purchaser.
(b) Such compounds, mixtures, and preparations shall be sold by the
pharmacist in good faith as a medicine and not for the purpose of
evading the provisions of this chapter. The pharmacist may, in his or
her discretion, withhold sale to any person whom the pharmacist
reasonably believes is attempting to purchase excepted compounds,
mixtures, or preparations for the purpose of abuse.
(c) The total quantity of controlled substance listed in Schedule V
which may be sold to any one purchaser within a given 48-hour period
shall not exceed 120 milligrams of codeine, 60 milligrams dihydrocodeine,
30 milligrams of ethyl morphine, or 240 milligrams of opium.
(d) Nothing in this section shall be construed to limit the kind and
quantity of any controlled substance that may be prescribed,
administered, or dispensed to any person, or for the use of any person
or animal, when it is prescribed, administered, or dispensed in
compliance with the general provisions of this chapter.
(4) The dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its
salts (dextromethorphan) shall not be deemed to be included in any
schedule by reason of enactment of this chapter.
893.09 Enforcement.--
(1) The Department of Law Enforcement, all state agencies which regulate
professions or institutions affected by the provisions of this chapter,
and all peace officers of the state shall enforce all provisions of this
chapter except those specifically delegated, and shall cooperate with
all agencies charged with the enforcement of the laws of the United
States, this state, and all other states relating to controlled
substances.
(2) Any agency authorized to enforce this chapter shall have the right
to institute an action in its own name to enjoin the violation of any of
the provisions of this chapter. Said action for an injunction shall be
in addition to any other action, proceeding, or remedy authorized by
law.
(3) All law enforcement officers whose duty it is to enforce this
chapter shall have authority to administer oaths in connection with
their official duties, and any person making a material false statement
under oath before such law enforcement officers shall be deemed guilty
of perjury and subject to the same punishment as prescribed for perjury.
(4) It shall be unlawful and punishable as provided in chapter 843 for
any person to interfere with any such law enforcement officer in the
performance of the officer's official duties. It shall also be unlawful
for any person falsely to represent himself or herself to be authorized
to enforce the drug abuse laws of this state, the United States, or any
other state.
(5) No civil or criminal liability shall be imposed by virtue of this
chapter upon any person whose duty it is to enforce the provisions of
this chapter, by reason of his or her being lawfully engaged in the
enforcement of any law or municipal ordinance relating to controlled
substances.
893.10 Burden of proof.--
(1) It shall not be necessary for the state to negative any exemption or
exception set forth in this chapter in any indictment, information, or
other pleading or in any trial, hearing, or other proceeding under this
chapter, and the burden of going forward with the evidence with respect
to any such exemption or exception shall be upon the person claiming its
benefit.
(2) In the case of a person charged under 1s. 893.14(1) with the
possession of a controlled substance, the label required under s.
893.04(1) or s. 893.05(2) shall be admissible in evidence and shall be
prima facie evidence that such substance was obtained pursuant to a
valid prescription form or dispensed by a practitioner while acting in
the course of his or her professional practice.
1Note.--Repealed by s. 14, ch. 80-409.
893.101 Legislative findings and intent.--
(1) The Legislature finds that the cases of Scott v. State, Slip Opinion
No. SC94701 (Fla. 2002) and Chicone v. State, 684 So.2d 736 (Fla. 1996),
holding that the state must prove that the defendant knew of the illicit
nature of a controlled substance found in his or her actual or
constructive possession, were contrary to legislative intent.
(2) The Legislature finds that knowledge of the illicit nature of a
controlled substance is not an element of any offense under this
chapter. Lack of knowledge of the illicit nature of a controlled
substance is an affirmative defense to the offenses of this chapter.
(3) In those instances in which a defendant asserts the affirmative
defense described in this section, the possession of a controlled
substance, whether actual or constructive, shall give rise to a
permissive presumption that the possessor knew of the illicit nature of
the substance. It is the intent of the Legislature that, in those cases
where such an affirmative defense is raised, the jury shall be
instructed on the permissive presumption provided in this subsection.
893.105 Testing and destruction of seized substances.--
(1) Any controlled substance or listed chemical seized as evidence may
be sample tested and weighed by the seizing agency after the seizure.
Any such sample and the analysis thereof shall be admissible into
evidence in any civil or criminal action for the purpose of proving the
nature, composition, and weight of the substance seized. In addition,
the seizing agency may photograph or videotape, for use at trial, the
controlled substance or listed chemical seized.
(2) Controlled substances or listed chemicals that are not retained for
sample testing as provided in subsection (1) may be destroyed pursuant
to a court order issued in accordance with s. 893.12.
893.11 Suspension, revocation, and reinstatement of business and
professional licenses.--Upon the conviction in any court of
competent jurisdiction of any person holding a license, permit, or
certificate issued by a state agency, for sale of, or trafficking in, a
controlled substance or for conspiracy to sell, or traffic in, a
controlled substance, if such offense is a felony, the clerk of said
court shall send a certified copy of the judgment of conviction with the
person's license number, permit number, or certificate number on the
face of such certified copy to the agency head by whom the convicted
defendant has received a license, permit, or certificate to practice his
or her profession or to carry on his or her business. Such agency head
shall suspend or revoke the license, permit, or certificate of the
convicted defendant to practice his or her profession or to carry on his
or her business. Upon a showing by any such convicted defendant whose
license, permit, or certificate has been suspended or revoked pursuant
to this section that his or her civil rights have been restored or upon
a showing that the convicted defendant meets the following criteria, the
agency head may reinstate or reactivate such license, permit, or
certificate when:
(1) The person has complied with the conditions of paragraphs (a) and
(b) which shall be monitored by the Department of Corrections while the
person is under any supervisory sanction. If the person fails to comply
with provisions of these paragraphs by either failing to maintain
treatment or by testing positive for drug use, the department shall
notify the licensing, permitting, or certifying agency, which shall
revoke the license, permit, or certification. The person under
supervision may:
(a) Seek evaluation and enrollment in, and once enrolled maintain
enrollment in until completion, a drug treatment and rehabilitation
program which is approved or regulated by the Department of Children and
Family Services. The treatment and rehabilitation program shall be
specified by:
1. The court, in the case of court-ordered supervisory sanctions;
2. The Parole Commission, in the case of parole, control release, or
conditional release; or
3. The Department of Corrections, in the case of imprisonment or any
other supervision required by law.
(b) Submit to periodic urine drug testing pursuant to procedures
prescribed by the Department of Corrections. If the person is indigent,
the costs shall be paid by the Department of Corrections; or
(2) The person has successfully completed an appropriate program under
the Correctional Education Program.
This section does not apply to any of the taxes, fees, or permits
regulated, controlled, or administered by the Department of Revenue in
accordance with s. 213.05.
History.--s. 11, ch. 73-331; s. 1, ch. 77-117; s. 19, ch. 78-95; s. 3,
ch. 90-266; s. 126, ch. 91-112; s. 14, ch. 95-325; s. 1443, ch. 97-102;
s. 302, ch. 99-8.
893.12 Contraband; seizure, forfeiture, sale.--
(1) All substances controlled by this chapter and all listed chemicals,
which substances or chemicals are handled, delivered, possessed, or
distributed contrary to any provisions of this chapter, and all such
controlled substances or listed chemicals the lawful possession of which
is not established or the title to which cannot be ascertained, are
declared to be contraband, are subject to seizure and confiscation by
any person whose duty it is to enforce the provisions of the chapter,
and shall be disposed of as follows:
(a) Except as in this section otherwise provided, the court having
jurisdiction shall order such controlled substances or listed chemicals
forfeited and destroyed. A record of the place where said controlled
substances or listed chemicals were seized, of the kinds and quantities
of controlled substances or listed chemicals destroyed, and of the time,
place, and manner of destruction shall be kept, and a return under oath
reporting said destruction shall be made to the court by the officer who
destroys them.
(b) Upon written application by the Department of Health, the court by
whom the forfeiture of such controlled substances or listed chemicals
has been decreed may order the delivery of any of them to said
department for distribution or destruction as hereinafter provided.
(c) Upon application by any hospital or laboratory within the state not
operated for private gain, the department may, in its discretion,
deliver any controlled substances or listed chemicals that have come
into its custody by authority of this section to the applicant for
medical use. The department may from time to time deliver excess stocks
of such controlled substances or listed chemicals to the United States
Drug Enforcement Administration or destroy same.
(d) The department shall keep a full and complete record of all
controlled substances or listed chemicals received and of all controlled
substances or listed chemicals disposed of, showing:
1. The exact kinds, quantities, and forms of such controlled substances
or listed chemicals;
2. The persons from whom received and to whom delivered;
3. By whose authority received, delivered, and destroyed; and
4. The dates of the receipt, disposal, or destruction,
which record shall be open to inspection by all persons charged with the
enforcement of federal and state drug abuse laws.
(2)(a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined
in s. 893.145 which has been or is being used in violation of any
provision of this chapter or in, upon, or by means of which any
violation of this chapter has taken or is taking place may be seized and
forfeited as provided by the Florida Contraband Forfeiture Act.
(b) All real property, including any right, title, leasehold interest,
and other interest in the whole of any lot or tract of land and any
appurtenances or improvements, which real property is used, or intended
to be used, in any manner or part, to commit or to facilitate the
commission of, or which real property is acquired with proceeds obtained
as a result of, a violation of any provision of this chapter related to
a controlled substance described in s. 893.03(1) or (2) may be seized
and forfeited as provided by the Florida Contraband Forfeiture Act
except that no property shall be forfeited under this paragraph to the
extent of an interest of an owner or lienholder by reason of any act or
omission established by that owner or lienholder to have been committed
or omitted without the knowledge or consent of that owner or lienholder.
(c) All moneys, negotiable instruments, securities, and other things of
value furnished or intended to be furnished by any person in exchange
for a controlled substance described in s. 893.03(1) or (2) or a listed
chemical in violation of any provision of this chapter, all proceeds
traceable to such an exchange, and all moneys, negotiable instruments,
and securities used or intended to be used to facilitate any violation
of any provision of this chapter or which are acquired with proceeds
obtained in violation of any provision of this chapter may be seized and
forfeited as provided by the Florida Contraband Forfeiture Act, except
that no property shall be forfeited under this paragraph to the extent
of an interest of an owner or lienholder by reason of any act or
omission established by that owner or lienholder to have been committed
or omitted without the knowledge or consent of that owner or lienholder.
(d) All books, records, and research, including formulas, microfilm,
tapes, and data which are used, or intended for use, or which are
acquired with proceeds obtained, in violation of any provision of this
chapter related to a controlled substance described in s. 893.03(1) or
(2) or a listed chemical may be seized and forfeited as provided by the
Florida Contraband Forfeiture Act.
(e) If any of the property described in this subsection:
1. Cannot be located;
2. Has been transferred to, sold to, or deposited with, a third party;
3. Has been placed beyond the jurisdiction of the court;
4. Has been substantially diminished in value by any act or omission of
the defendant; or
5. Has been commingled with any property which cannot be divided without
difficulty,
the court shall order the forfeiture of any other property of the
defendant up to the value of any property subject to forfeiture under
this subsection.
(3) Any law enforcement agency is empowered to authorize or designate
officers, agents, or other persons to carry out the seizure provisions
of this section. It shall be the duty of any officer, agent, or other
person so authorized or designated, or authorized by law, whenever she
or he shall discover any vessel, vehicle, aircraft, real property or
interest in real property, money, negotiable instrument, security, book,
record, or research which has been or is being used or intended to be
used, or which is acquired with proceeds obtained, in violation of any
of the provisions of this chapter, or in, upon, or by means of which any
violation of this chapter has taken or is taking place, to seize such
vessel, vehicle, aircraft, real property or interest in real property,
money, negotiable instrument, security, book, record, or research and
place it in the custody of such person as may be authorized or
designated for that purpose by the respective law enforcement agency
pursuant to these provisions.
(4) The rights of any bona fide holder of a duly recorded mortgage or
duly recorded vendor's privilege on the property seized under this
chapter shall not be affected by the seizure.
893.13 Prohibited acts; penalties.--
(1)(a) Except as authorized by this chapter and chapter 499, it is
unlawful for any person to sell, manufacture, or deliver, or possess
with intent to sell, manufacture, or deliver, a controlled substance.
Any person who violates this provision with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. A controlled substance named or described in s. 893.03(5) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(b) Except as provided in this chapter, it is unlawful to sell or
deliver in excess of 10 grams of any substance named or described in s.
893.03(1)(a) or (1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates this paragraph
commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(c) Except as authorized by this chapter, it is unlawful for any person
to sell, manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising a child care facility as defined in
s. 402.302 or a public or private elementary, middle, or secondary
school between the hours of 6 a.m. and 12 midnight, or at any time in,
on, or within 1,000 feet of real property comprising a state, county, or
municipal park, a community center, or a publicly owned recreational
facility. For the purposes of this paragraph, the term "community
center" means a facility operated by a nonprofit community-based
organization for the provision of recreational, social, or educational
services to the public. Any person who violates this paragraph with
respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The defendant must be sentenced to a minimum term of imprisonment of 3
calendar years unless the offense was committed within 1,000 feet of the
real property comprising a child care facility as defined in s. 402.302.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as lawfully sold,
manufactured, or delivered, must be sentenced to pay a $500 fine and to
serve 100 hours of public service in addition to any other penalty
prescribed by law.
This paragraph does not apply to a child care facility unless the owner
or operator of the facility posts a sign that is not less than 2 square
feet in size with a word legend identifying the facility as a licensed
child care facility and that is posted on the property of the child care
facility in a conspicuous place where the sign is reasonably visible to
the public.
(d) Except as authorized by this chapter, it is unlawful for any person
to sell, manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising a public or private college,
university, or other postsecondary educational institution. Any person
who violates this paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as lawfully sold,
manufactured, or delivered, must be sentenced to pay a $500 fine and to
serve 100 hours of public service in addition to any other penalty
prescribed by law.
(e) Except as authorized by this chapter, it is unlawful for any person
to sell, manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance not authorized by law
in, on, or within 1,000 feet of a physical place for worship at which a
church or religious organization regularly conducts religious services
or within 1,000 feet of a convenience business as defined in s. 812.171.
Any person who violates this paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as lawfully sold,
manufactured, or delivered, must be sentenced to pay a $500 fine and to
serve 100 hours of public service in addition to any other penalty
prescribed by law.
(f) Except as authorized by this chapter, it is unlawful for any person
to sell, manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising a public housing facility at any
time. For purposes of this section, the term "real property comprising a
public housing facility" means real property, as defined in s.
421.03(12), of a public corporation created as a housing authority
pursuant to part I of chapter 421. Any person who violates this
paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as lawfully sold,
manufactured, or delivered, must be sentenced to pay a $500 fine and to
serve 100 hours of public service in addition to any other penalty
prescribed by law.
(g) Except as authorized by this chapter, it is unlawful for any person
to manufacture methamphetamine or phencyclidine, or possess any listed
chemical as defined in s. 893.033 in violation of s. 893.149 and with
intent to manufacture methamphetamine or phencyclidine. If any person
violates this paragraph and:
1. The commission or attempted commission of the crime occurs in a
structure or conveyance where any child under 16 years of age is
present, the person commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the
defendant must be sentenced to a minimum term of imprisonment of 5
calendar years.
2. The commission of the crime causes any child under 16 years of age to
suffer great bodily harm, the person commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In addition, the defendant must be sentenced to a minimum term of
imprisonment of 10 calendar years.
(h) Except as authorized by this chapter, it is unlawful for any person
to sell, manufacture, or deliver, or possess with intent to sell,
manufacture, or deliver, a controlled substance in, on, or within 1,000
feet of the real property comprising an assisted living facility, as
that term is used in chapter 400. Any person who violates this paragraph
with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(2)(a) Except as authorized by this chapter and chapter 499, it is
unlawful for any person to purchase, or possess with intent to purchase,
a controlled substance. Any person who violates this provision with
respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
3. A controlled substance named or described in s. 893.03(5) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(b) Except as provided in this chapter, it is unlawful to purchase in
excess of 10 grams of any substance named or described in s.
893.03(1)(a) or (1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates this paragraph
commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(3) Any person who delivers, without consideration, not more than 20
grams of cannabis, as defined in this chapter, commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
For the purposes of this paragraph, "cannabis" does not include the
resin extracted from the plants of the genus Cannabis or any compound
manufacture, salt, derivative, mixture, or preparation of such resin.
(4) Except as authorized by this chapter, it is unlawful for any person
18 years of age or older to deliver any controlled substance to a person
under the age of 18 years, or to use or hire a person under the age of
18 years as an agent or employee in the sale or delivery of such a
substance, or to use such person to assist in avoiding detection or
apprehension for a violation of this chapter. Any person who violates
this provision with respect to:
(a) A controlled substance named or described in s. 893.03(1)(a),
(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the
first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
Imposition of sentence may not be suspended or deferred, nor shall the
person so convicted be placed on probation.
(5) It is unlawful for any person to bring into this state any
controlled substance unless the possession of such controlled substance
is authorized by this chapter or unless such person is licensed to do so
by the appropriate federal agency. Any person who violates this
provision with respect to:
(a) A controlled substance named or described in s. 893.03(1)(a),
(1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) A controlled substance named or described in s. 893.03(1)(c),
(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A controlled substance named or described in s. 893.03(5) commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
(6)(a) It is unlawful for any person to be in actual or constructive
possession of a controlled substance unless such controlled substance
was lawfully obtained from a practitioner or pursuant to a valid
prescription or order of a practitioner while acting in the course of
his or her professional practice or to be in actual or constructive
possession of a controlled substance except as otherwise authorized by
this chapter. Any person who violates this provision commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(b) If the offense is the possession of not more than 20 grams of
cannabis, as defined in this chapter, the person commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
For the purposes of this subsection, "cannabis" does not include the
resin extracted from the plants of the genus Cannabis, or any compound
manufacture, salt, derivative, mixture, or preparation of such resin.
(c) Except as provided in this chapter, it is unlawful to possess in
excess of 10 grams of any substance named or described in s.
893.03(1)(a) or (1)(b), or any combination thereof, or any mixture
containing any such substance. Any person who violates this paragraph
commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(d) Notwithstanding any provision to the contrary of the laws of this
state relating to arrest, a law enforcement officer may arrest without
warrant any person who the officer has probable cause to believe is
violating the provisions of this chapter relating to possession of
cannabis.
(7)(a) It is unlawful for any person:
1. To distribute or dispense a controlled substance in violation of this
chapter.
2. To refuse or fail to make, keep, or furnish any record, notification,
order form, statement, invoice, or information required under this
chapter.
3. To refuse an entry into any premises for any inspection or to refuse
to allow any inspection authorized by this chapter.
4. To distribute a controlled substance named or described in s.
893.03(1) or (2) except pursuant to an order form as required by s.
893.06.
5. To keep or maintain any store, shop, warehouse, dwelling, building,
vehicle, boat, aircraft, or other structure or place which is resorted
to by persons using controlled substances in violation of this chapter
for the purpose of using these substances, or which is used for keeping
or selling them in violation of this chapter.
6. To use to his or her own personal advantage, or to reveal, any
information obtained in enforcement of this chapter except in a
prosecution or administrative hearing for a violation of this chapter.
7. To possess a prescription form which has not been completed and
signed by the practitioner whose name appears printed thereon, unless
the person is that practitioner, is an agent or employee of that
practitioner, is a pharmacist, or is a supplier of prescription forms
who is authorized by that practitioner to possess those forms.
8. To withhold information from a practitioner from whom the person
seeks to obtain a controlled substance or a prescription for a
controlled substance that the person making the request has received a
controlled substance or a prescription for a controlled substance of
like therapeutic use from another practitioner within the previous 30
days.
9. To acquire or obtain, or attempt to acquire or obtain, possession of
a controlled substance by misrepresentation, fraud, forgery, deception,
or subterfuge.
10. To affix any false or forged label to a package or receptacle
containing a controlled substance.
11. To furnish false or fraudulent material information in, or omit any
material information from, any report or other document required to be
kept or filed under this chapter or any record required to be kept by
this chapter.
12. To store anhydrous ammonia in a container that is not approved by
the United States Department of Transportation to hold anhydrous ammonia
or is not constructed in accordance with sound engineering,
agricultural, or commercial practices.
(b) Any person who violates the provisions of subparagraphs (a)1.-7.
commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083; except that, upon a second or subsequent
violation, the person commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Any person who violates the provisions of subparagraphs (a)8.-12.
commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(8)(a) Notwithstanding subsection (9), a prescribing practitioner may
not:
1. Knowingly assist a patient, other person, or the owner of an animal
in obtaining a controlled substance through deceptive, untrue, or
fraudulent representations in or related to the practice of the
prescribing practitioner's professional practice;
2. Employ a trick or scheme in the practice of the prescribing
practitioner's professional practice to assist a patient, other person,
or the owner of an animal in obtaining a controlled substance;
3. Knowingly write a prescription for a controlled substance for a
fictitious person; or
4. Write a prescription for a controlled substance for a patient, other
person, or an animal if the sole purpose of writing such prescription is
to provide a monetary benefit to, or obtain a monetary benefit for, the
prescribing practitioner.
(b) If the prescribing practitioner wrote a prescription or multiple
prescriptions for a controlled substance for the patient, other person,
or animal for which there was no medical necessity, or which was in
excess of what was medically necessary to treat the patient, other
person, or animal, that fact does not give rise to any presumption that
the prescribing practitioner violated subparagraph (a)1., but may be
considered with other competent evidence in determining whether the
prescribing practitioner knowingly assisted a patient, other person, or
the owner of an animal to obtain a controlled substance in violation of
subparagraph (a)1.
(c) A person who violates paragraph (a) commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) Notwithstanding paragraph (c), if a prescribing practitioner has
violated paragraph (a) and received $1,000 or more in payment for
writing one or more prescriptions or, in the case of a prescription
written for a controlled substance described in s. 893.135, has written
one or more prescriptions for a quantity of a controlled substance
which, individually or in the aggregate, meets the threshold for the
offense of trafficking in a controlled substance under s. 893.15, the
violation is reclassified as a felony of the second degree and ranked in
level 4 of the Criminal Punishment Code.
(9) The provisions of subsections (1)-(8) are not applicable to the
delivery to, or actual or constructive possession for medical or
scientific use or purpose only of controlled substances by, persons
included in any of the following classes, or the agents or employees of
such persons, for use in the usual course of their business or
profession or in the performance of their official duties:
(a) Pharmacists.
(b) Practitioners.
(c) Persons who procure controlled substances in good faith and in the
course of professional practice only, by or under the supervision of
pharmacists or practitioners employed by them, or for the purpose of
lawful research, teaching, or testing, and not for resale.
(d) Hospitals that procure controlled substances for lawful
administration by practitioners, but only for use by or in the
particular hospital.
(e) Officers or employees of state, federal, or local governments acting
in their official capacity only, or informers acting under their
jurisdiction.
(f) Common carriers.
(g) Manufacturers, wholesalers, and distributors.
(h) Law enforcement officers for bona fide law enforcement purposes in
the course of an active criminal investigation.
(10) Notwithstanding any provision of the sentencing guidelines or the
Criminal Punishment Code to the contrary, on or after October 1, 1993,
any defendant who:
(a) Violates subparagraph (1)(a)1., subparagraph (1)(c)2., subparagraph
(1)(d)2., subparagraph (2)(a)1., or paragraph (5)(a); and
(b) Has not previously been convicted, regardless of whether
adjudication was withheld, of any felony, other than a violation of
subparagraph (1)(a)1., subparagraph (1)(c)2., subparagraph (1)(d)2.,
subparagraph (2)(a)1., or paragraph (5)(a),
may be required by the court to successfully complete a term of
probation pursuant to the terms and conditions set forth in s.
948.034(1), in lieu of serving a term of imprisonment.
(11) Notwithstanding any provision of the sentencing guidelines or the
Criminal Punishment Code to the contrary, on or after January 1, 1994,
any defendant who:
(a) Violates subparagraph (1)(a)2., subparagraph (2)(a)2., paragraph
(5)(b), or paragraph (6)(a); and
(b) Has not previously been convicted, regardless of whether
adjudication was withheld, of any felony, other than a violation of
subparagraph (1)(a)2., subparagraph (2)(a)2., paragraph (5)(b), or
paragraph (6)(a),
may be required by the court to successfully complete a term of
probation pursuant to the terms and conditions set forth in s.
948.034(2), in lieu of serving a term of imprisonment.
(12) If a person violates any provision of this chapter and the
violation results in a serious injury to a state, local, or federal law
enforcement officer, the person commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
injury sustained results in death or great bodily harm, the person
commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
893.135 Trafficking; mandatory sentences; suspension or reduction of
sentences; conspiracy to engage in trafficking.--
(1) Except as authorized in this chapter or in chapter 499 and
notwithstanding the provisions of s. 893.13:
(a) Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, in excess of 25 pounds of cannabis, or 300 or more
cannabis plants, commits a felony of the first degree, which felony
shall be known as "trafficking in cannabis," punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis
involved:
1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or
more cannabis plants, but not more than 2,000 cannabis plants, such
person shall be sentenced to a mandatory minimum term of imprisonment of
3 years, and the defendant shall be ordered to pay a fine of $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or
more cannabis plants, but not more than 10,000 cannabis plants, such
person shall be sentenced to a mandatory minimum term of imprisonment of
7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such
person shall be sentenced to a mandatory minimum term of imprisonment of
15 calendar years and pay a fine of $200,000.
For the purpose of this paragraph, a plant, including, but not limited
to, a seedling or cutting, is a "cannabis plant" if it has some readily
observable evidence of root formation, such as root hairs. To determine
if a piece or part of a cannabis plant severed from the cannabis plant
is itself a cannabis plant, the severed piece or part must have some
readily observable evidence of root formation, such as root hairs.
Callous tissue is not readily observable evidence of root formation. The
viability and sex of a plant and the fact that the plant may or may not
be a dead harvested plant are not relevant in determining if the plant
is a "cannabis plant" or in the charging of an offense under this
paragraph. Upon conviction, the court shall impose the longest term of
imprisonment provided for in this paragraph.
(b)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 28 grams or more of cocaine, as described in s.
893.03(2)(a)4., or of any mixture containing cocaine, but less than 150
kilograms of cocaine or any such mixture, commits a felony of the first
degree, which felony shall be known as "trafficking in cocaine,"
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, but less than 150 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 15 calendar
years and pay a fine of $250,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state, or who is knowingly in actual or constructive
possession of, 150 kilograms or more of cocaine, as described in s.
893.03(2)(a)4., commits the first degree felony of trafficking in
cocaine. A person who has been convicted of the first degree felony of
trafficking in cocaine under this subparagraph shall be punished by life
imprisonment and is ineligible for any form of discretionary early
release except pardon or executive clemency or conditional medical
release under s. 947.149. However, if the court determines that, in
addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled,
commanded, induced, procured, or caused the intentional killing of an
individual and such killing was the result; or
b. The person's conduct in committing that act led to a natural, though
not inevitable, lethal result,
such person commits the capital felony of trafficking in cocaine,
punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
3. Any person who knowingly brings into this state 300 kilograms or more
of cocaine, as described in s. 893.03(2)(a)4., and who knows that the
probable result of such importation would be the death of any person,
commits capital importation of cocaine, a capital felony punishable as
provided in ss. 775.082 and 921.142. Any person sentenced for a capital
felony under this paragraph shall also be sentenced to pay the maximum
fine provided under subparagraph 1.
(c)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 4 grams or more of any morphine, opium, oxycodone,
hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of
an isomer thereof, including heroin, as described in s. 893.03(1)(b),
(2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture
containing any such substance, but less than 30 kilograms of such
substance or mixture, commits a felony of the first degree, which felony
shall be known as "trafficking in illegal drugs," punishable as provided
in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 15 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 25 calendar
years and pay a fine of $500,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state, or who is knowingly in actual or constructive
possession of, 30 kilograms or more of any morphine, opium, oxycodone,
hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of
an isomer thereof, including heroin, as described in s. 893.03(1)(b),
(2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture
containing any such substance, commits the first degree felony of
trafficking in illegal drugs. A person who has been convicted of the
first degree felony of trafficking in illegal drugs under this
subparagraph shall be punished by life imprisonment and is ineligible
for any form of discretionary early release except pardon or executive
clemency or conditional medical release under s. 947.149. However, if
the court determines that, in addition to committing any act specified
in this paragraph:
a. The person intentionally killed an individual or counseled,
commanded, induced, procured, or caused the intentional killing of an
individual and such killing was the result; or
b. The person's conduct in committing that act led to a natural, though
not inevitable, lethal result,
such person commits the capital felony of trafficking in illegal drugs,
punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
3. Any person who knowingly brings into this state 60 kilograms or more
of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any
salt, derivative, isomer, or salt of an isomer thereof, including
heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4.,
or 60 kilograms or more of any mixture containing any such substance,
and who knows that the probable result of such importation would be the
death of any person, commits capital importation of illegal drugs, a
capital felony punishable as provided in ss. 775.082 and 921.142. Any
person sentenced for a capital felony under this paragraph shall also be
sentenced to pay the maximum fine provided under subparagraph 1.
(d)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 28 grams or more of phencyclidine or of any mixture
containing phencyclidine, as described in s. 893.03(2)(b), commits a
felony of the first degree, which felony shall be known as "trafficking
in phencyclidine," punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.
2. Any person who knowingly brings into this state 800 grams or more of
phencyclidine or of any mixture containing phencyclidine, as described
in s. 893.03(2)(b), and who knows that the probable result of such
importation would be the death of any person commits capital importation
of phencyclidine, a capital felony punishable as provided in ss. 775.082
and 921.142. Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.
(e)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 200 grams or more of methaqualone or of any mixture
containing methaqualone, as described in s. 893.03(1)(d), commits a
felony of the first degree, which felony shall be known as "trafficking
in methaqualone," punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. If the quantity involved:
a. Is 200 grams or more, but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 25 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 25 kilograms or more, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 calendar years and pay a
fine of $250,000.
2. Any person who knowingly brings into this state 50 kilograms or more
of methaqualone or of any mixture containing methaqualone, as described
in s. 893.03(1)(d), and who knows that the probable result of such
importation would be the death of any person commits capital importation
of methaqualone, a capital felony punishable as provided in ss. 775.082
and 921.142. Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.
(f)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 14 grams or more of amphetamine, as described in s.
893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4.,
or of any mixture containing amphetamine or methamphetamine, or
phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in
conjunction with other chemicals and equipment utilized in the
manufacture of amphetamine or methamphetamine, commits a felony of the
first degree, which felony shall be known as "trafficking in
amphetamine," punishable as provided in s. 775.082, s. 775.083, or s.
775.084. If the quantity involved:
a. Is 14 grams or more, but less than 28 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 28 grams or more, but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 200 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.
2. Any person who knowingly manufactures or brings into this state 400
grams or more of amphetamine, as described in s. 893.03(2)(c)2., or
methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture
containing amphetamine or methamphetamine, or phenylacetone,
phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with
other chemicals and equipment used in the manufacture of amphetamine or
methamphetamine, and who knows that the probable result of such
manufacture or importation would be the death of any person commits
capital manufacture or importation of amphetamine, a capital felony
punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
(g)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 4 grams or more of flunitrazepam or any mixture
containing flunitrazepam as described in s. 893.03(1)(a) commits a
felony of the first degree, which felony shall be known as "trafficking
in flunitrazepam," punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. If the quantity involved:
a. Is 4 grams or more but less than 14 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more but less than 28 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more but less than 30 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 25 calendar
years and pay a fine of $500,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or
brings into this state or who is knowingly in actual or constructive
possession of 30 kilograms or more of flunitrazepam or any mixture
containing flunitrazepam as described in s. 893.03(1)(a) commits the
first degree felony of trafficking in flunitrazepam. A person who has
been convicted of the first degree felony of trafficking in
flunitrazepam under this subparagraph shall be punished by life
imprisonment and is ineligible for any form of discretionary early
release except pardon or executive clemency or conditional medical
release under s. 947.149. However, if the court determines that, in
addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled,
commanded, induced, procured, or caused the intentional killing of an
individual and such killing was the result; or
b. The person's conduct in committing that act led to a natural, though
not inevitable, lethal result,
such person commits the capital felony of trafficking in flunitrazepam,
punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
(h)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as
described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
acid (GHB), commits a felony of the first degree, which felony shall be
known as "trafficking in gamma-hydroxybutyric acid (GHB)," punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity
involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 calendar years and pay a
fine of $250,000.
2. Any person who knowingly manufactures or brings into this state 150
kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s.
893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB),
and who knows that the probable result of such manufacture or
importation would be the death of any person commits capital manufacture
or importation of gamma-hydroxybutyric acid (GHB), a capital felony
punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
(i)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as
described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone
(GBL), commits a felony of the first degree, which felony shall be known
as "trafficking in gamma-butyrolactone (GBL)," punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 calendar years and pay a
fine of $250,000.
2. Any person who knowingly manufactures or brings into the state 150
kilograms or more of gamma-butyrolactone (GBL), as described in s.
893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), and
who knows that the probable result of such manufacture or importation
would be the death of any person commits capital manufacture or
importation of gamma-butyrolactone (GBL), a capital felony punishable as
provided in ss. 775.082 and 921.142. Any person sentenced for a capital
felony under this paragraph shall also be sentenced to pay the maximum
fine provided under subparagraph 1.
(j)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 kilogram or more of 1,4-Butanediol as described in s.
893.03(1)(d), or of any mixture containing 1,4-Butanediol, commits a
felony of the first degree, which felony shall be known as "trafficking
in 1,4-Butanediol," punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. If the quantity involved:
a. Is 1 kilogram or more, but less than 5 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 10 kilograms, such person shall
be sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 calendar years and pay a
fine of $500,000.
2. Any person who knowingly manufactures or brings into this state 150
kilograms or more of 1,4-Butanediol as described in s. 893.03(1)(d), or
any mixture containing 1,4-Butanediol, and who knows that the probable
result of such manufacture or importation would be the death of any
person commits capital manufacture or importation of 1,4-Butanediol, a
capital felony punishable as provided in ss. 775.082 and 921.142. Any
person sentenced for a capital felony under this paragraph shall also be
sentenced to pay the maximum fine provided under subparagraph 1.
(k)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 10 grams or more of any of the following substances
described in s. 893.03(1)(a) or (c):
a. 3,4-Methylenedioxymethamphetamine (MDMA);
b. 4-Bromo-2,5-dimethoxyamphetamine;
c. 4-Bromo-2,5-dimethoxyphenethylamine;
d. 2,5-Dimethoxyamphetamine;
e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
f. N-ethylamphetamine;
g. N-Hydroxy-3,4-methylenedioxyamphetamine;
h. 5-Methoxy-3,4-methylenedioxyamphetamine;
i. 4-methoxyamphetamine;
j. 4-methoxymethamphetamine;
k. 4-Methyl-2,5-dimethoxyamphetamine;
l. 3,4-Methylenedioxy-N-ethylamphetamine;
m. 3,4-Methylenedioxyamphetamine;
n. N,N-dimethylamphetamine; or
o. 3,4,5-Trimethoxyamphetamine,
individually or in any combination of or any mixture containing any
substance listed in sub-subparagraphs a.-o., commits a felony of the
first degree, which felony shall be known as "trafficking in
Phenethylamines," punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
2. If the quantity involved:
a. Is 10 grams or more but less than 200 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.
3. Any person who knowingly manufactures or brings into this state 30
kilograms or more of any of the following substances described in s.
893.03(1)(a) or (c):
a. 3,4-Methylenedioxymethamphetamine (MDMA);
b. 4-Bromo-2,5-dimethoxyamphetamine;
c. 4-Bromo-2,5-dimethoxyphenethylamine;
d. 2,5-Dimethoxyamphetamine;
e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
f. N-ethylamphetamine;
g. N-Hydroxy-3,4-methylenedioxyamphetamine;
h. 5-Methoxy-3,4-methylenedioxyamphetamine;
i. 4-methoxyamphetamine;
j. 4-methoxymethamphetamine;
k. 4-Methyl-2,5-dimethoxyamphetamine;
l. 3,4-Methylenedioxy-N-ethylamphetamine;
m. 3,4-Methylenedioxyamphetamine;
n. N,N-dimethylamphetamine; or
o. 3,4,5-Trimethoxyamphetamine,
individually or in any combination of or any mixture containing any
substance listed in sub-subparagraphs a.-o., and who knows that the
probable result of such manufacture or importation would be the death of
any person commits capital manufacture or importation of Phenethylamines,
a capital felony punishable as provided in ss. 775.082 and 921.142. Any
person sentenced for a capital felony under this paragraph shall also be
sentenced to pay the maximum fine provided under subparagraph 1.
(l)1. Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
possession of, 1 gram or more of lysergic acid diethylamide (LSD) as
described in s. 893.03(1)(c), or of any mixture containing lysergic acid
diethylamide (LSD), commits a felony of the first degree, which felony
shall be known as "trafficking in lysergic acid diethylamide (LSD),"
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
quantity involved:
a. Is 1 gram or more, but less than 5 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 3 years, and
the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 grams or more, but less than 7 grams, such person shall be
sentenced to a mandatory minimum term of imprisonment of 7 years, and
the defendant shall be ordered to pay a fine of $100,000.
c. Is 7 grams or more, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and pay a fine of
$500,000.
2. Any person who knowingly manufactures or brings into this state 7
grams or more of lysergic acid diethylamide (LSD) as described in s.
893.03(1)(c), or any mixture containing lysergic acid diethylamide
(LSD), and who knows that the probable result of such manufacture or
importation would be the death of any person commits capital manufacture
or importation of lysergic acid diethylamide (LSD), a capital felony
punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
(2) A person acts knowingly under subsection (1) if that person intends
to sell, purchase, manufacture, deliver, or bring into this state, or to
actually or constructively possess, any of the controlled substances
listed in subsection (1), regardless of which controlled substance
listed in subsection (1) is in fact sold, purchased, manufactured,
delivered, or brought into this state, or actually or constructively
possessed.
(3) Notwithstanding the provisions of s. 948.01, with respect to any
person who is found to have violated this section, adjudication of guilt
or imposition of sentence shall not be suspended, deferred, or withheld,
nor shall such person be eligible for parole prior to serving the
mandatory minimum term of imprisonment prescribed by this section. A
person sentenced to a mandatory minimum term of imprisonment under this
section is not eligible for any form of discretionary early release,
except pardon or executive clemency or conditional medical release under
s. 947.149, prior to serving the mandatory minimum term of imprisonment.
(4) The state attorney may move the sentencing court to reduce or
suspend the sentence of any person who is convicted of a violation of
this section and who provides substantial assistance in the
identification, arrest, or conviction of any of that person's
accomplices, accessories, coconspirators, or principals or of any other
person engaged in trafficking in controlled substances. The arresting
agency shall be given an opportunity to be heard in aggravation or
mitigation in reference to any such motion. Upon good cause shown, the
motion may be filed and heard in camera. The judge hearing the motion
may reduce or suspend the sentence if the judge finds that the defendant
rendered such substantial assistance.
(5) Any person who agrees, conspires, combines, or confederates with
another person to commit any act prohibited by subsection (1) commits a
felony of the first degree and is punishable as if he or she had
actually committed such prohibited act. Nothing in this subsection shall
be construed to prohibit separate convictions and sentences for a
violation of this subsection and any violation of subsection (1).
(6) A mixture, as defined in s. 893.02(14), containing any controlled
substance described in this section includes, but is not limited to, a
solution or a dosage unit, including but not limited to, a pill or
tablet, containing a controlled substance. For the purpose of clarifying
legislative intent regarding the weighing of a mixture containing a
controlled substance described in this section, the weight of the
controlled substance is the total weight of the mixture, including the
controlled substance and any other substance in the mixture. If there is
more than one mixture containing the same controlled substance, the
weight of the controlled substance is calculated by aggregating the
total weight of each mixture.
(7) For the purpose of further clarifying legislative intent, the
Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (Fla.
1999) does not correctly construe legislative intent. The Legislature
finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA
1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly
construe legislative intent.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
893.1351 Lease or rent for the purpose of trafficking in a controlled
substance.--
(1) A person may not lease or rent any place, structure, or part
thereof, trailer, or other conveyance, with the knowledge that such
place, structure, trailer, or conveyance will be used for the purpose of
trafficking in a controlled substance, as provided in s. 893.135, or the
sale of a controlled substance, as provided in s. 893.13.
(2) A person who violates subsection (1) is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
893.138 Local administrative action to abate drug-related,
prostitution-related, or stolen-property-related public nuisances and
criminal street gang activity.--
(1) It is the intent of this section to promote, protect, and improve
the health, safety, and welfare of the citizens of the counties and
municipalities of this state by authorizing the creation of
administrative boards with authority to impose administrative fines and
other noncriminal penalties in order to provide an equitable,
expeditious, effective, and inexpensive method of enforcing ordinances
in counties and municipalities under circumstances when a pending or
repeated violation continues to exist.
(2) Any place or premises that has been used:
(a) On more than two occasions within a 6-month period, as the site of a
violation of s. 796.07;
(b) On more than two occasions within a 6-month period, as the site of
the unlawful sale, delivery, manufacture, or cultivation of any
controlled substance;
(c) On one occasion as the site of the unlawful possession of a
controlled substance, where such possession constitutes a felony and
that has been previously used on more than one occasion as the site of
the unlawful sale, delivery, manufacture, or cultivation of any
controlled substance;
(d) By a criminal street gang for the purpose of conducting a pattern of
criminal street gang activity as defined by s. 874.03; or
(e) On more than two occasions within a 6-month period, as the site of a
violation of s. 812.019 relating to dealing in stolen property may be
declared to be a public nuisance, and such nuisance may be abated
pursuant to the procedures provided in this section.
(3) Any county or municipality may, by ordinance, create an
administrative board to hear complaints regarding the nuisances
described in subsection (2). Any employee, officer, or resident of the
county or municipality may bring a complaint before the board after
giving not less than 3 days' written notice of such complaint to the
owner of the place or premises at his or her last known address. After a
hearing in which the board may consider any evidence, including evidence
of the general reputation of the place or premises, and at which the
owner of the premises shall have an opportunity to present evidence in
his or her defense, the board may declare the place or premises to be a
public nuisance as described in subsection (2).
(4) If the board declares a place or premises to be a public nuisance,
it may enter an order requiring the owner of such place or premises to
adopt such procedure as may be appropriate under the circumstances to
abate any such nuisance or it may enter an order immediately
prohibiting:
(a) The maintaining of the nuisance;
(b) The operating or maintaining of the place or premises, including the
closure of the place or premises or any part thereof; or
(c) The conduct, operation, or maintenance of any business or activity
on the premises which is conducive to such nuisance.
(5) An order entered under subsection (4) shall expire after 1 year or
at such earlier time as is stated in the order.
(6) An order entered under subsection (4) may be enforced pursuant to
the procedures contained in s. 120.69. This subsection does not subject
a municipality that creates a board under this section, or the board so
created, to any other provision of chapter 120.
(7) The board may bring a complaint under s. 60.05 seeking temporary and
permanent injunctive relief against any nuisance described in subsection
(2).
(8) This section does not restrict the right of any person to proceed
under s. 60.05 against any public nuisance.
(9) As used in this section, the term "controlled substance" includes
any substance sold in lieu of a controlled substance in violation of s.
817.563 or any imitation controlled substance defined in s. 817.564.
(10) The provisions of this section may be supplemented by a county or
municipal ordinance. The ordinance may include, but is not limited to,
provisions that establish additional penalties for public nuisances,
including fines not to exceed $250 per day; provide for the payment of
reasonable costs, including reasonable attorney fees associated with
investigations of and hearings on public nuisances; provide for
continuing jurisdiction for a period of 1 year over any place or
premises that has been or is declared to be a public nuisance; establish
penalties, including fines not to exceed $500 per day for recurring
public nuisances; provide for the recording of orders on public
nuisances so that notice must be given to subsequent purchasers,
successors in interest, or assigns of the real property that is the
subject of the order; provide that recorded orders on public nuisances
may become liens against the real property that is the subject of the
order; and provide for the foreclosure of property subject to a lien and
the recovery of all costs, including reasonable attorney fees,
associated with the recording of orders and foreclosure. No lien created
pursuant to the provisions of this section may be foreclosed on real
property which is a homestead under s. 4, Art. X of the State
Constitution. Where a local government seeks to bring an administrative
action, based on a stolen property nuisance, against a property owner
operating an establishment where multiple tenants, on one site, conduct
their own retail business, the property owner shall not be subject to a
lien against his or her property or the prohibition of operation
provision if the property owner evicts the business declared to be a
nuisance within 90 days after notification by registered mail to the
property owner of a second stolen property conviction of the tenant. The
total fines imposed pursuant to the authority of this section shall not
exceed $15,000. Nothing contained within this section prohibits a county
or municipality from proceeding against a public nuisance by any other
means.
893.145 "Drug paraphernalia" defined.--The term "drug
paraphernalia" means all equipment, products, and materials of any kind
which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
transporting, injecting, ingesting, inhaling, or otherwise introducing
into the human body a controlled substance in violation of this chapter
or s. 877.111. Drug paraphernalia is deemed to be contraband which shall
be subject to civil forfeiture. The term includes, but is not limited
to:
(1) Kits used, intended for use, or designed for use in the planting,
propagating, cultivating, growing, or harvesting of any species of plant
which is a controlled substance or from which a controlled substance can
be derived.
(2) Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances.
(3) Isomerization devices used, intended for use, or designed for use in
increasing the potency of any species of plant which is a controlled
substance.
(4) Testing equipment used, intended for use, or designed for use in
identifying, or in analyzing the strength, effectiveness, or purity of,
controlled substances.
(5) Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances.
(6) Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose, and lactose, used, intended for use, or designed for
use in cutting controlled substances.
(7) Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, cannabis.
(8) Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled
substances.
(9) Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances.
(10) Containers and other objects used, intended for use, or designed
for use in storing, concealing, or transporting controlled substances.
(11) Hypodermic syringes, needles, and other objects used, intended for
use, or designed for use in parenterally injecting controlled substances
into the human body.
(12) Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish
oil, or nitrous oxide into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,
with or without screens, permanent screens, hashish heads, or punctured
metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks.
(e) Roach clips: meaning objects used to hold burning material, such as
a cannabis cigarette, that has become too small or too short to be held
in the hand.
(f) Miniature cocaine spoons, and cocaine vials.
(g) Chamber pipes.
(h) Carburetor pipes.
(i) Electric pipes.
(j) Air-driven pipes.
(k) Chillums.
(l) Bongs.
(m) Ice pipes or chillers.
(n) A cartridge or canister, which means a small metal device used to
contain nitrous oxide.
(o) A charger, sometimes referred to as a "cracker," which means a small
metal or plastic device that contains an interior pin that may be used
to expel nitrous oxide from a cartridge or container.
(p) A charging bottle, which means a device that may be used to expel
nitrous oxide from a cartridge or canister.
(q) A whip-it, which means a device that may be used to expel nitrous
oxide.
(r) A tank.
(s) A balloon.
(t) A hose or tube.
(u) A 2-liter-type soda bottle.
(v) Duct tape.
893.146 Determination of paraphernalia.--In determining whether
an object is drug paraphernalia, a court or other authority or jury
shall consider, in addition to all other logically relevant factors, the
following:
(1) Statements by an owner or by anyone in control of the object
concerning its use.
(2) The proximity of the object, in time and space, to a direct
violation of this act.
(3) The proximity of the object to controlled substances.
(4) The existence of any residue of controlled substances on the object.
(5) Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons who he or she
knows, or should reasonably know, intend to use the object to facilitate
a violation of this act. The innocence of an owner, or of anyone in
control of the object, as to a direct violation of this act shall not
prevent a finding that the object is intended for use, or designed for
use, as drug paraphernalia.
(6) Instructions, oral or written, provided with the object concerning
its use.
(7) Descriptive materials accompanying the object which explain or
depict its use.
(8) Any advertising concerning its use.
(9) The manner in which the object is displayed for sale.
(10) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such as a
licensed distributor of or dealer in tobacco products.
(11) Direct or circumstantial evidence of the ratio of sales of the
object or objects to the total sales of the business enterprise.
(12) The existence and scope of legitimate uses for the object in the
community.
(13) Expert testimony concerning its use.
893.147 Use, possession, manufacture, delivery, transportation, or
advertisement of drug paraphernalia.--
(1) USE OR POSSESSION OF DRUG PARAPHERNALIA.--It is unlawful for any
person to use, or to possess with intent to use, drug paraphernalia:
(a) To plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, or conceal a controlled substance in violation
of this chapter; or
(b) To inject, ingest, inhale, or otherwise introduce into the human
body a controlled substance in violation of this chapter.
Any person who violates this subsection is guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.--It is unlawful for
any person to deliver, possess with intent to deliver, or manufacture
with intent to deliver drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used:
(a) To plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, or conceal a controlled substance in violation
of this act; or
(b) To inject, ingest, inhale, or otherwise introduce into the human
body a controlled substance in violation of this act.
Any person who violates this subsection is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(3) DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.--
(a) Any person 18 years of age or over who violates subsection (2) by
delivering drug paraphernalia to a person under 18 years of age is
guilty of a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(b) It is unlawful for any person to sell or otherwise deliver
hypodermic syringes, needles, or other objects which may be used, are
intended for use, or are designed for use in parenterally injecting
substances into the human body to any person under 18 years of age,
except that hypodermic syringes, needles, or other such objects may be
lawfully dispensed to a person under 18 years of age by a licensed
practitioner, parent, or legal guardian or by a pharmacist pursuant to a
valid prescription for same. Any person who violates the provisions of
this paragraph is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(4) TRANSPORTATION OF DRUG PARAPHERNALIA.--It is unlawful to use,
possess with the intent to use, or manufacture with the intent to use
drug paraphernalia, knowing or under circumstances in which one
reasonably should know that it will be used to transport:
(a) A controlled substance in violation of this chapter; or
(b) Contraband as defined in s. 932.701(2)(a)1.
Any person who violates this subsection commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) ADVERTISEMENT OF DRUG PARAPHERNALIA.--It is unlawful for any person
to place in any newspaper, magazine, handbill, or other publication any
advertisement, knowing, or under circumstances where one reasonably
should know, that the purpose of the advertisement, in whole or in part,
is to promote the sale of objects designed or intended for use as drug
paraphernalia. Any person who violates this subsection is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
1893.149 Unlawful possession of listed chemical.--
(1) It is unlawful for any person to knowingly or intentionally:
(a) Possess a listed chemical with the intent to unlawfully manufacture
a controlled substance;
(b) Possess or distribute a listed chemical knowing, or having
reasonable cause to believe, that the listed chemical will be used to
unlawfully manufacture a controlled substance.
(2) Any person who violates this section commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to a public employee or private
contractor authorized to clean up or dispose of hazardous waste or toxic
substances resulting from the prohibited activities listed in s.
893.13(1)(g).
(4) Any damages arising out of the unlawful possession of, storage of,
or tampering with a listed chemical, as defined in s. 893.033, shall be
the sole responsibility of the person or persons unlawfully possessing,
storing, or tampering with the listed chemical. In no case shall
liability for damages arising out of the unlawful possession of, storage
of, or tampering with a listed chemical extend to the lawful owner,
installer, maintainer, designer, manufacturer, possessor, or seller of
the listed chemical, unless such damages arise out of the acts or
omissions of the owner, installer, maintainer, designer, manufacturer,
possessor, or seller which constitute negligent misconduct or failure to
abide by the laws regarding the possession or storage of a listed
chemical.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
1893.1495 Retail sale of ephedrine and related compounds.--
(1) No person shall knowingly deliver in any single retail
over-the-counter sale any number of packages of any drug containing a
sole active ingredient that contains a combined total of more than 9
base grams of ephedrine, pseudoephedrine, phenylpropanolamine, or any of
their salts, optical isomers, or salts of optical isomers, or more than
three packages in any single retail over-the-counter sale, regardless of
weight, containing any such sole active ingredient.
(2) No person shall knowingly display and offer for retail sale packages
of any drug having a sole active ingredient of ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts or optical
isomers other than behind a checkout counter where the public is not
permitted or other such location that is not otherwise accessible to the
general public.
(3) No person who is the owner or primary operator of a retail outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products are
available for sale shall knowingly allow an employee to engage in the
retail sale of such products unless the employee has completed an
employee training program that shall include, at a minimum, basic
instruction on state and federal regulations relating to the sale and
distribution of such products.
(4) The requirements of this section relating to the marketing, sale, or
distribution of ephedrine, pseudoephedrine, or phenylpropanolamine
products shall supersede any local ordinance or regulation passed by a
county, municipality, or other local governmental authority.
(5) Any individual who violates subsection (1), subsection (2), or
subsection (3) commits:
(a) For a first offense, a misdemeanor of the second degree, punishable
as provided in s. 775.083.
(b) For a second offense, a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(c) For a third or subsequent offense, a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1Note.--Section 25, ch. 2005-128, provides that "[t]his act shall take
effect July 1, 2005, and shall apply to offenses committed on or after
that date."
893.15 Rehabilitation.--Any person who violates s. 893.13(6)(a) or (b)
relating to possession may, in the discretion of the trial judge, be
required to participate in a substance abuse services program approved
or regulated by the Department of Children and Family Services pursuant
to the provisions of chapter 397, provided the director of such program
approves the placement of the defendant in such program. Such required
participation shall be imposed in addition to any penalty or probation
otherwise prescribed by law. However, the total time of such penalty,
probation, and program participation shall not exceed the maximum length
of sentence possible for the offense.
893.165 County alcohol and other drug abuse treatment or education
trust funds.--
(1) Counties in which there is established or in existence a
comprehensive alcohol and other drug abuse treatment or education
program which meets the standards for qualification of such programs by
the Department of Children and Family Services are authorized to
establish a County Alcohol and Other Drug Abuse Trust Fund for the
purpose of receiving the assessments collected pursuant to s. 938.23 and
disbursing assistance grants on an annual basis to such alcohol and
other drug abuse treatment or education program.
(2) Assessments collected by the clerks of court pursuant to s. 938.23
shall be remitted to the board of county commissioners of the county in
which the indictment was found or the prosecution commenced for payment
into the County Alcohol and Other Drug Abuse Trust Fund. The county
commissioners shall require a full report from all clerks of county
courts and clerks of circuit courts once each month of the amount of
assessments imposed by their courts.
(3)(a) No county shall receive assessments collected pursuant to s.
938.23 in an amount exceeding that county's jurisdictional share as
described in subsection (2).
(b) Assessments collected by clerks of circuit courts having more than
one county in the circuit, for any county in the circuit which does not
have a County Alcohol and Other Drug Abuse Trust Fund, shall be remitted
to the Department of Children and Family Services, in accordance with
administrative rules adopted, for deposit into the department's
Community Alcohol and Other Drug Abuse Services Grants and Donations
Trust Fund for distribution pursuant to the guidelines and priorities
developed by the department.
(4) No assessments shall be remitted to a county until the board of
county commissioners has submitted documentation to the court
substantiating the establishment of its County Alcohol and Other Drug
Abuse Trust Fund.
(5) If the board of county commissioners chooses to establish a County
Alcohol and Other Drug Abuse Trust Fund, the board shall be responsible
for the establishment of such fund and its implementation,
administration, supervision, and evaluation.
(6) In order to receive assistance grants from the County Alcohol and
Other Drug Abuse Trust Fund, county alcohol and other drug abuse
prevention, treatment, or education programs shall be designated by the
board of county commissioners as the chosen program recipients.
Designations shall be made annually, based on success of the programs.
(7) An alcohol and other drug abuse treatment or education program
recipient shall, in seeking assistance grants from the County Alcohol
and Other Drug Abuse Trust Fund, provide the board of county
commissioners with detailed financial information and requests for
expenditures.
893.20 Continuing criminal enterprise.--
(1) Any person who commits three or more felonies under this chapter in
concert with five or more other persons with respect to whom such person
occupies a position of organizer, a supervisory position, or any other
position of management and who obtains substantial assets or resources
from these acts is guilty of engaging in a continuing criminal
enterprise.
(2) A person who commits the offense of engaging in a continuing
criminal enterprise is guilty of a life felony, punishable pursuant to
the Criminal Punishment Code and by a fine of $500,000.
(3) Notwithstanding the provisions of s. 948.01, with respect to any
person who is found to have violated this section, adjudication of guilt
or imposition of sentence may not be suspended, deferred, or withheld.
(4) This section does not prohibit separate convictions and sentences
for violation of this section and for felony violations of this chapter.
(5) This section must be interpreted in concert with its federal analog,
21 U.S.C. s. 848.
This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
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