Bill Text: FL S7082 | 2019 | Regular Session | Introduced


Bill Title: Controlled Substances

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-04-29 - Laid on Table, refer to CS/HB 7107 [S7082 Detail]

Download: Florida-2019-S7082-Introduced.html
       Florida Senate - 2019                                    SB 7082
       
       
        
       By the Committee on Criminal Justice
       
       
       
       
       
       591-03167-19                                          20197082__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; adding to Schedule V of the controlled
    4         substances list certain drug products in their
    5         finished dosage formulations which are approved by the
    6         United States Food and Drug Administration; reenacting
    7         ss. 817.563(2), 831.31, 893.07(5)(b), and
    8         893.13(1)(a), (2)(a), (5)(c), and (6)(d), F.S.,
    9         relating to controlled substances named or described
   10         in s. 893.03, F.S.; the sale, manufacture, delivery,
   11         or possession, with intent to sell, manufacture, or
   12         deliver, of counterfeit controlled substances;
   13         required reporting of certain theft or significant
   14         loss of controlled substances; and prohibited acts and
   15         penalties relating to controlled substances,
   16         respectively, to incorporate the amendment made to s.
   17         893.03, F.S., in references thereto; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (5) of section 893.03, Florida
   23  Statutes, is amended to read:
   24         893.03 Standards and schedules.—The substances enumerated
   25  in this section are controlled by this chapter. The controlled
   26  substances listed or to be listed in Schedules I, II, III, IV,
   27  and V are included by whatever official, common, usual,
   28  chemical, trade name, or class designated. The provisions of
   29  this section shall not be construed to include within any of the
   30  schedules contained in this section any excluded drugs listed
   31  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   32  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   33  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   34  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   35  Anabolic Steroid Products.”
   36         (5) SCHEDULE V.—A substance, compound, mixture, or
   37  preparation of a substance in Schedule V has a low potential for
   38  abuse relative to the substances in Schedule IV and has a
   39  currently accepted medical use in treatment in the United
   40  States, and abuse of such compound, mixture, or preparation may
   41  lead to limited physical or psychological dependence relative to
   42  the substances in Schedule IV.
   43         (a) Substances controlled in Schedule V include any
   44  compound, mixture, or preparation containing any of the
   45  following limited quantities of controlled substances, which
   46  must include one or more active medicinal ingredients that are
   47  not controlled substances in sufficient proportion to confer
   48  upon the compound, mixture, or preparation valuable medicinal
   49  qualities other than those possessed by the controlled substance
   50  alone:
   51         1. Not more than 200 milligrams of codeine per 100
   52  milliliters or per 100 grams.
   53         2. Not more than 100 milligrams of dihydrocodeine per 100
   54  milliliters or per 100 grams.
   55         3. Not more than 100 milligrams of ethylmorphine per 100
   56  milliliters or per 100 grams.
   57         4. Not more than 2.5 milligrams of diphenoxylate and not
   58  less than 25 micrograms of atropine sulfate per dosage unit.
   59         5. Not more than 100 milligrams of opium per 100
   60  milliliters or per 100 grams.
   61         6. Not more than 0.5 milligrams of difenoxin and not less
   62  than 25 micrograms of atropine sulfate per dosage unit.
   63         (b) Unless a specific exception exists or unless listed in
   64  another schedule, any material, compound, mixture, or
   65  preparation that contains any quantity of the following
   66  substances is controlled in Schedule V:
   67         1. Brivaracetam.
   68         2. Ezogabine.
   69         3. Lacosamide.
   70         4. Pregabalin.
   71         (c) Stimulants. Unless specifically excepted or unless
   72  listed in another schedule, any material, compound, mixture, or
   73  preparation which contains any quantity of the following
   74  substances having a stimulant effect on the central nervous
   75  system, including its salts, isomers, and salts of isomers:
   76  Pyrovalerone.
   77         (d)A drug product in finished dosage formulation which has
   78  been approved by the United States Food and Drug Administration
   79  and which contains cannabidiol (2-[1R-3-methyl-6R-(1
   80  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol)
   81  derived from cannabis and not more than 0.1 percent (w/w)
   82  residual tetrahydrocannabinols.
   83         Section 2. For the purpose of incorporating the amendment
   84  made by this act to section 893.03, Florida Statutes, in a
   85  reference thereto, subsection (2) of section 817.563, Florida
   86  Statutes, is reenacted to read:
   87         817.563 Controlled substance named or described in s.
   88  893.03; sale of substance in lieu thereof.—It is unlawful for
   89  any person to agree, consent, or in any manner offer to
   90  unlawfully sell to any person a controlled substance named or
   91  described in s. 893.03 and then sell to such person any other
   92  substance in lieu of such controlled substance. Any person who
   93  violates this section with respect to:
   94         (2) A controlled substance named or described in s.
   95  893.03(5) is guilty of a misdemeanor of the second degree,
   96  punishable as provided in s. 775.082 or s. 775.083.
   97         Section 3. For the purpose of incorporating the amendment
   98  made by this act to section 893.03, Florida Statutes, in
   99  references thereto, section 831.31, Florida Statutes, is
  100  reenacted to read:
  101         831.31 Counterfeit controlled substance; sale, manufacture,
  102  delivery, or possession with intent to sell, manufacture, or
  103  deliver.—
  104         (1) It is unlawful for any person to sell, manufacture, or
  105  deliver, or to possess with intent to sell, manufacture, or
  106  deliver, a counterfeit controlled substance. Any person who
  107  violates this subsection with respect to:
  108         (a) A controlled substance named or described in s.
  109  893.03(1), (2), (3), or (4) is guilty of a felony of the third
  110  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  111  775.084.
  112         (b) A controlled substance named or described in s.
  113  893.03(5) is guilty of a misdemeanor of the second degree,
  114  punishable as provided in s. 775.082 or s. 775.083.
  115         (2) For purposes of this section, “counterfeit controlled
  116  substance” means:
  117         (a) A controlled substance named or described in s. 893.03
  118  which, or the container or labeling of which, without
  119  authorization bears the trademark, trade name, or other
  120  identifying mark, imprint, or number, or any likeness thereof,
  121  of a manufacturer other than the person who in fact manufactured
  122  the controlled substance; or
  123         (b) Any substance which is falsely identified as a
  124  controlled substance named or described in s. 893.03.
  125         Section 4. For the purpose of incorporating the amendment
  126  made by this act to section 893.03, Florida Statutes, in a
  127  reference thereto, paragraph (b) of subsection (5) of section
  128  893.07, Florida Statutes, is reenacted to read:
  129         893.07 Records.—
  130         (5) Each person described in subsection (1) shall:
  131         (b) In the event of the discovery of the theft or
  132  significant loss of controlled substances, report such theft or
  133  significant loss to the sheriff of that county within 24 hours
  134  after discovery. A person who fails to report a theft or
  135  significant loss of a substance listed in s. 893.03(3), (4), or
  136  (5) within 24 hours after discovery as required in this
  137  paragraph commits a misdemeanor of the second degree, punishable
  138  as provided in s. 775.082 or s. 775.083. A person who fails to
  139  report a theft or significant loss of a substance listed in s.
  140  893.03(2) within 24 hours after discovery as required in this
  141  paragraph commits a misdemeanor of the first degree, punishable
  142  as provided in s. 775.082 or s. 775.083.
  143         Section 5. For the purpose of incorporating the amendment
  144  made by this act to section 893.03, Florida Statutes, in
  145  references thereto, paragraph (a) of subsection (1), paragraph
  146  (a) of subsection (2), paragraph (c) of subsection (5), and
  147  paragraph (d) of subsection (6) of section 893.13, Florida
  148  Statutes, are reenacted to read:
  149         893.13 Prohibited acts; penalties.—
  150         (1)(a) Except as authorized by this chapter and chapter
  151  499, a person may not sell, manufacture, or deliver, or possess
  152  with intent to sell, manufacture, or deliver, a controlled
  153  substance. A person who violates this provision with respect to:
  154         1. A controlled substance named or described in s.
  155  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  156  commits a felony of the second degree, punishable as provided in
  157  s. 775.082, s. 775.083, or s. 775.084.
  158         2. A controlled substance named or described in s.
  159  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  160  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  161  the third degree, punishable as provided in s. 775.082, s.
  162  775.083, or s. 775.084.
  163         3. A controlled substance named or described in s.
  164  893.03(5) commits a misdemeanor of the first degree, punishable
  165  as provided in s. 775.082 or s. 775.083.
  166         (2)(a) Except as authorized by this chapter and chapter
  167  499, a person may not purchase, or possess with intent to
  168  purchase, a controlled substance. A person who violates this
  169  provision with respect to:
  170         1. A controlled substance named or described in s.
  171  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.
  172  commits a felony of the second degree, punishable as provided in
  173  s. 775.082, s. 775.083, or s. 775.084.
  174         2. A controlled substance named or described in s.
  175  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7.,
  176  (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of
  177  the third degree, punishable as provided in s. 775.082, s.
  178  775.083, or s. 775.084.
  179         3. A controlled substance named or described in s.
  180  893.03(5) commits a misdemeanor of the first degree, punishable
  181  as provided in s. 775.082 or s. 775.083.
  182         (5) A person may not bring into this state any controlled
  183  substance unless the possession of such controlled substance is
  184  authorized by this chapter or unless such person is licensed to
  185  do so by the appropriate federal agency. A person who violates
  186  this provision with respect to:
  187         (c) A controlled substance named or described in s.
  188  893.03(5) commits a misdemeanor of the first degree, punishable
  189  as provided in s. 775.082 or s. 775.083.
  190         (6)
  191         (d) If the offense is possession of a controlled substance
  192  named or described in s. 893.03(5), the person commits a
  193  misdemeanor of the second degree, punishable as provided in s.
  194  775.082 or s. 775.083.
  195         Section 6. This act shall take effect upon becoming a law.

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