Florida Drug Laws

CHAPTER 893
DRUG ABUSE PREVENTION AND CONTROL
893.01
Short title

This chapter shall be cited and known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”

History.—s. 1, ch. 73-331.
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) “Cultivating” means the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance.

(6) “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.

(7) “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.

(8) “Distribute” means to deliver, other than by administering or dispensing, a controlled substance.

(9) “Distributor” means a person who distributes.

(10) “Department” means the Department of Health.

(11) “Homologue” means a chemical compound in a series in which each compound differs by one or more alkyl functional groups on an alkyl side chain.

(12) “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.

(13) “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.

(14) “Listed chemical” means any precursor chemical or essential chemical named or described in s. 893.033.

(15)

(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.

(16) “Mixture” means any physical combination of two or more substances.

(17) “Patient” means an individual to whom a controlled substance is lawfully dispensed or administered pursuant to the provisions of this chapter.

(18) “Pharmacist” means a person who is licensed pursuant to chapter 465 to practice the profession of pharmacy in this state.

(19) “Possession” includes temporary possession for the purpose of verification or testing, irrespective of dominion or control.

(20) “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.

(21) “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, a certified optometrist licensed pursuant to chapter 463, or a podiatric physician licensed pursuant to chapter 461, provided such practitioner holds a valid federal controlled substance registry number.

(22) “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 s. 465.003(8), which does not fall within the definition of a controlled substance as defined in this act.

(23) “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.

History.—s. 2, ch. 73-331; s. 1, ch. 75-18; s. 470, ch. 77-147; s. 1, ch. 77-174; s. 184, ch. 79-164; s. 1, ch. 79-325; s. 37, ch. 82-225; s. 169, ch. 83-216; s. 1, ch. 85-242; s. 1, ch. 91-279; s. 1, ch. 92-19; s. 1434, ch. 97-102; s. 104, ch. 97-264; s. 234, ch. 98-166; s. 300, ch. 99-8; s. 10, ch. 99-186; s. 1, ch. 2000-320; s. 3, ch. 2001-55; s. 10, ch. 2002-78; s. 13, ch. 2005-128; s. 1, ch. 2008-184; s. 18, ch. 2010-117; s. 1, ch. 2011-73; s. 12, ch. 2013-26.

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. Morpheridine

40. Noracymethadol

41. Norlevorphanol

42. Normethadone

43. Norpipanone

44. Para-Fluorofentanyl

45. Phenadoxone

46. Phenampromide

47. Phenomorphan

48. Phenoperidine

49. 1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP)

50. Piritramide

51. Proheptazine

52. Properidine

53. Propiram

54. Racemoramide

55. Thenylfentanyl

56. Thiofentanyl

57. Tilidine

58. 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 that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, including optical, positional, or geometric isomers, and salts of isomers, if 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. Salvia divinorum, except for any drug product approved by the United States Food and Drug Administration which contains Salvia divinorum or its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, if the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation

36. Salvinorin A, except for any drug product approved by the United States Food and Drug Administration which contains Salvinorin A or its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, if the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation

37. Tetrahydrocannabinols

38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) (Thiophene analog of phencyclidine). 39. 3,4,5-Trimethoxyamphetamine

40. 3,4-Methylenedioxymethcathinone

41. 3,4-Methylenedioxypyrovalerone (MDPV)

42. Methylmethcathinone

43. Methoxymethcathinone

44. Fluoromethcathinone

45. Methylethcathinone

46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8) homologue

47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol, also known as HU-210

48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018

49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073

50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also known as JWH-200

51. BZP (Benzylpiperazine)

52. Fluorophenylpiperazine

53. Methylphenylpiperazine

54. Chlorophenylpiperazine

55. Methoxyphenylpiperazine

56. DBZP (1,4-dibenzylpiperazine)

57. TFMPP (3-Trifluoromethylphenylpiperazine)

58. MBDB (Methylbenzodioxolylbutanamine)

59. 5-Hydroxy-alpha-methyltryptamine

60. 5-Hydroxy-N-methyltryptamine

61. 5-Methoxy-N-methyl-N-isopropyltryptamine

62. 5-Methoxy-alpha-methyltryptamine

63. Methyltryptamine

64. 5-Methoxy-N,N-dimethyltryptamine

65. 5-Methyl-N,N-dimethyltryptamine

66. Tyramine (4-Hydroxyphenethylamine)

67. 5-Methoxy-N,N-Diisopropyltryptamine

68. DiPT (N,N-Diisopropyltryptamine)

69. DPT (N,N-Dipropyltryptamine)

70. 4-Hydroxy-N,N-diisopropyltryptamine

71. N,N-Diallyl-5-Methoxytryptamine

72. DOI (4-Iodo-2,5-dimethoxyamphetamine)

73. DOC (4-Chloro-2,5-dimethoxyamphetamine)

74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine)

75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine)

76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine)

77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine)

78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine)

79. 2C-T-7 (2,5-Dimethoxy-4-(n)-propylthiophenethylamine)

80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine)

81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine)

82. Ethcathinone

83. Ethylone (3,4-methylenedioxy-N-ethylcathinone)

84. Naphyrone (naphthylpyrovalerone)

85. N-N-Dimethyl-3,4-methylenedioxycathinone

86. N-N-Diethyl-3,4-methylenedioxycathinone

87. 3,4-methylenedioxy-propiophenone

88. 2-Bromo-3,4-Methylenedioxypropiophenone

89. 3,4-methylenedioxy-propiophenone-2-oxime

90. N-Acetyl-3,4-methylenedioxycathinone

91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone

92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone

93. Bromomethcathinone

94. Buphedrone (alpha-methylamino-butyrophenone)

95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine)

96. Dimethylcathinone

97. Dimethylmethcathinone

98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine)

99. (MDPPP) 3,4-Methylenedioxy-alpha-pyrrolidinopropiophenone

100. (MDPBP) 3,4-Methylenedioxy-alpha-pyrrolidinobutiophenone

101. Methoxy-alpha-pyrrolidinopropiophenone (MOPPP)

102. Methyl-alpha-pyrrolidinohexiophenone (MPHP)

103. Benocyclidine (BCP) or benzothiophenylcyclohexylpiperidine (BTCP)

104. Fluoromethylaminobutyrophenone (F-MABP)

105. Methoxypyrrolidinobutyrophenone (MeO-PBP)

106. Ethyl-pyrrolidinobutyrophenone (Et-PBP)

107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT)

108. Methylethylaminobutyrophenone (Me-EABP)

109. Methylamino-butyrophenone (MABP)

110. Pyrrolidinopropiophenone (PPP)

111. Pyrrolidinobutiophenone (PBP)

112. Pyrrolidinovalerophenone (PVP)

113. Methyl-alpha-pyrrolidinopropiophenone (MPPP)

114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole)

115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone)

116. JWH-019 (Naphthalen-1-yl-(1-hexylindol-3-yl)methanone)

117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole)

118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3-yl)methanone)

119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl)methanone)

120. JWH-122 (1-pentyl-3-(4-methyl-1-naphthoyl)indole)

121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran))

122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H-indole)

123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole)

124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone)

125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone)

126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone)

127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)ethanone)

128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole)

129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole)

130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)

131. HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl] methanol)

132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1- methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1,4-dione)

133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone)

134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy)-undecanamide)

135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy)-undecanamide)

136. CP 55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol)

137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2-iodophenyl)methanone)

138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone)

139. RCS-4 ((4-methoxyphenyl) (1-pentyl-1H-indol-3-yl)methanone)

140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methoxyphenylethanone)

141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone).

142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-naphthalenylmethanone).

143. Pentedrone (2-(methylamino)-1-phenyl-1-pentanone)

144. Fluoroamphetamine

145. Fluoromethamphetamine

146. Methoxetamine

147. Methiopropamine

148. 4-Methylbuphedrone (2-Methylamino-1-(4-methylphenyl)butan-1-one)

149. APB ((2-aminopropyl)benzofuran)

150. APDB ((2-aminopropyl)-2,3-dihydrobenzofuran)

151. UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone)

152. XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone)

153. (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone

154. AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide)

155. AM-2233((2-iodophenyl)[1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]-methanone)

156. STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide)

157. URB-597 ((3’-(aminocarbonyl)[1,1’-biphenyl]-3-yl)- cyclohexylcarbamate)

158. URB-602 ([1,1’-biphenyl]-3-yl-carbamic acid, cyclohexyl ester)

159. URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one)

160. 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanamine)

161. 2C-H (2-(2,5-Dimethoxyphenyl)ethanamine)

162. 2C-N (2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine)

163. 2C-P (2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine)

164. 25I-NBOMe (4-iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine)

165. 3,4-Methylenedioxymethamphetamine (MDMA)

166. PB-22 (1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid)

167. 5-Fluoro PB-22 (8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid)

168. BB-22 (1-(cyclohexylmethyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid)

169. 5-Fluoro AKB48 (N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide).

(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

1.  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

2.   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

(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.

History.—s. 3, ch. 73-331; s. 247, ch. 77-104; s. 1, ch. 77-174; ss. 1, 2, ch. 78-195; s. 2, ch. 79-325; s. 1, ch. 80-353; s. 1, ch. 82-16; s. 1, ch. 84-89; s. 2, ch. 85-242; s. 1, ch. 86-147; s. 2, ch. 87-243; s. 1, ch. 87-299; s. 1, ch. 88-59; s. 3, ch. 89-281; s. 54, ch. 92-69; s. 1, ch. 93-92; s. 4, ch. 95-415; s. 1, ch. 96-360; ss. 1, 5, ch. 97-1; s. 96, ch. 97-264; s. 1, ch. 99-186; s. 2, ch. 2000-320; s. 1, ch. 2001-55; s. 5, ch. 2001-57; s. 1, ch. 2002-78; s. 2, ch. 2003-10; s. 1, ch. 2008-88; s. 2, ch. 2011-73; s. 1, ch. 2011-90; s. 1, ch. 2012-23; s. 1, ch. 2013-29.

Note.—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.

893.0301
Death resulting from apparent drug overdose; reporting requirements

If a person dies of an apparent drug overdose:

(1) A law enforcement agency shall prepare a report identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 which is found on or near the deceased or among the deceased’s possessions. The report must identify the person who prescribed the controlled substance, if known or ascertainable. Thereafter, the law enforcement agency shall submit a copy of the report to the medical examiner.

(2) A medical examiner who is preparing a report pursuant to s. 406.11 shall include in the report information identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 that was found in, on, or near the deceased or among the deceased’s possessions.

History.—s. 6, ch. 2007-156.

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 state code 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.

History.—s. 1, ch. 2003-10.

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

History.—s. 2, ch. 91-279; s. 6, ch. 2001-57; s. 2, ch. 2003-15; s. 1, ch. 2005-128.

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.

History.—s. 3, ch. 85-242; s. 72, ch. 87-226; s. 255, ch. 94-218; s. 318, ch. 96-410; s. 1826, ch. 97-102; s. 16, ch. 99-186.

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.

History.—s. 3, ch. 87-243; s. 11, ch. 99-186; s. 20, ch. 2000-320.