Florida Statute 499.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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F.S. 499.03

499.03 Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.—

(1) A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to s. 499.003(32), or prescription drug as defined in s. 499.003(40), unless the possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug. However, this section does not apply to the delivery of such drugs to persons included in any of the classes named in this subsection, or to the agents or employees of such persons, for use in the usual course of their businesses or practices or in the performance of their official duties, as the case may be; nor does this section apply to the possession of such drugs by those persons or their agents or employees for such use:

(a) A licensed pharmacist or any person under the licensed pharmacist’s supervision while acting within the scope of the licensed pharmacist’s practice;

(b) A licensed practitioner authorized by law to prescribe prescription drugs or any person under the licensed practitioner’s supervision while acting within the scope of the licensed practitioner’s practice;

(d) A licensed hospital or other institution that procures such drugs for lawful administration or dispensing by practitioners;

(e) An officer or employee of a federal, state, or local government; or

(f) A person that holds a valid permit issued by the department pursuant to this part which authorizes that person to possess prescription drugs.

(2) The possession of a drug under subsection (1) by any person not exempted under this section, which drug is not properly labeled to indicate that possession is by a valid prescription of a practitioner licensed by law to prescribe such drug, is prima facie evidence that such possession is unlawful.

(3) Violation of subsection (1) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that possession with the intent to sell, dispense, or deliver is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The department may adopt rules regarding persons engaged in lawful teaching, research, or testing who possess prescription drugs and may issue letters of exemption to facilitate the lawful possession of prescription drugs under this section.

History.—s. 34, ch. 82-225; s. 1, ch. 83-265; s. 5, ch. 84-115; s. 75, ch. 87-243; ss. 30, 52, ch. 92-69; s. 37, ch. 98-151; s. 43, ch. 2000-242; s. 14, ch. 2000-326; s. 19, ch. 2001-63; s. 89, ch. 2004-5; s. 22, ch. 2008-207; s. 42, ch. 2010-161; s. 11, ch. 2016-212.

F.S. 499.03 on Google Scholar

F.S. 499.03 on Casetext

Amendments to 499.03

Arrestable Offenses / Crimes under Fla. Stat. 499.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

S499.03 1 - DRUGS-HEALTH OR SAFETY - POSS HARMFUL NEW LEGEND DRUG WO PRESCRIPTION - M: S

S499.03 3 - DRUGS-HEALTH OR SAFETY - POSS WIT SELL LEGEND DRUG WO PRESCRIPTION - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 499.03

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

Court: Fla. | Date Filed: 2019-05-30T00:00:00-07:00

Citation: 272 So. 3d 243

Snippet: PRACTITIONER OR PURSUANT TO A VALID PRESCRIPTION §§ 499.03(1), 893.13(6)(a) Fla. Stats. It is a defense…defendant. Fla. Stats. 893.10(1), 893.13(6)(a), and 499.03(1) are silent, however, as to the burden of persuasion

Ronald Brown, Jr. v. Sheriff Mike Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:53:00-07:00

Snippet: function of the body of humans or other animals.” § 499.003(18), Fla. Stat. (2015). Here, the deposition and

Burris v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-06T00:00:00-08:00

Citation: 255 So. 3d 996

Snippet: were drugs for purposes of chapter 499. See § 499.003(18), Fla. Stat. (2015) (defining a "drug"

Lauri Burris, Gregory F. Burris v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-05T23:53:00-08:00

Snippet: were drugs for purposes of chapter 499. See § 499.003(18), Fla. Stat. (2015) (defining a “drug” as that

State v. Vinci

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-12T00:00:00-07:00

Citation: 146 So. 3d 1255, 2014 Fla. App. LEXIS 14253, 2014 WL 4494237

Snippet: case also did not mention section 499.03(2). Based on section 499.03(2) and the facts relied upon by…possession of a controlled substance. See §§ 499.03(1), 893.13(6)(a), Fla. Stat. (2012); O’Hara… *1258 (Fla. 2d DCA 2007). Section 499.03(2) further provides that “possession of a drug … Although the practice is not uncommon, section 499.03(2) shows that the practice results in a prima facie…The Smith case did not mention section 499.03(2). However, based on the facts presented, the

Day v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-26T00:00:00-07:00

Citation: 119 So. 3d 485, 2013 WL 3853227, 2013 Fla. App. LEXIS 11763

Snippet: jury on the “prescription defense” under sections 499.03(1) and 893.13(6), Florida Statutes (2010). This

In re Standard Jury Instructions in Criminal Cases-Report No. 2011-05

Court: Fla. | Date Filed: 2013-04-25T00:00:00-07:00

Citation: 141 So. 3d 132, 2012 WL 5869675

Snippet: PRACTITIONER OR PURSUANT TO A VALID PRESCRIPTION §§ 499.03(1), 893.13(6)(a) Fla. Stats. It is a defense to

Filppula v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-01T00:00:00-08:00

Citation: 106 So. 3d 45, 2013 Fla. App. LEXIS 1541, 2013 WL 376064

Snippet: without a prescription in violation of section 499.03, Florida Statutes (2009); (2) possession of cannabis

Gonzalez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-29T00:00:00-08:00

Citation: 84 So. 3d 362, 2012 Fla. App. LEXIS 3252, 2012 WL 634206

Snippet: new drug subject to s. 499.003(32), or prescription drug as defined in s. 499.003(42), unless the possession…in the motion. Knipp, 67 So.3d. at 378. Section 499.03(1), Florida Statutes (2009), provides in part:

Wagner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-01-11T00:00:00-08:00

Citation: 88 So. 3d 250, 2012 Fla. App. LEXIS 156, 2012 WL 75107

Snippet: as a matter of law: [NJothing in either sections 499.03(2) or 893.13(7)(a)8., Florida Statutes, eliminates

State v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:00:00-07:00

Citation: 71 So. 3d 154, 2011 Fla. App. LEXIS 14534, 2011 WL 4056138

Snippet: is intended for further distribution. Section 499.003(37), Florida Statutes (2003)2, defines “repackage…definition of "repackage” is found in section 499.003(49), Florida Statutes (2011), which defines "

Knipp v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-03T00:00:00-07:00

Citation: 67 So. 3d 376, 2011 WL 3300186

Snippet: new drug subject to s. 499.003(32), or prescription drug as defined in s. 499.003(42), unless the possession…, came within the exclusion provided by section 499.03, Florida Statutes. The State responded that the…invalid and not within the exception of section 499.03. The trial court granted in part and denied in …defendant’s possession of a valid prescription. See § 499.03, Florida Statutes (2008). The statute provides …the valid prescription defense found in section 499.03. Section 893.13(7)(a)8., Florida Statutes (2008

Ayotte v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-07T00:00:00-07:00

Citation: 67 So. 3d 330, 2011 Fla. App. LEXIS 10575, 2011 WL 2638163

Snippet: notwithstanding the provisions of s. 893.13." Sections 499.03 and 893.13(6), Florida Statutes, each provide exceptions

Pennington v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-30T00:00:00-07:00

Citation: 34 So. 3d 151, 2010 Fla. App. LEXIS 5975, 2010 WL 1727820

Snippet: punishable by up to sixty days of imprisonment. §§ 499.03(3), 775.082(4)(b), Fla. Stat. (2005). [4] The

O'HARA v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-19T00:53:00-07:00

Citation: 964 So. 2d 839

Snippet: points. We begin with section 499.03. To ascertain whether section 499.03(1) might authorize a defense …. § 499.03(1). Clearly, then, the persons subject to the proscription set forth in section 499.03(1), …operation of section 499.03(1) in any event. It would appear, then, that section 499.03(1) authorizes a person…than the ones contained in section 499.03. For example, section 499.03(1)(e) exempts "[a]n officer …for a new trial. O'Hara contends that section 499.03(1), Florida Statutes (2004), and section 893.13

Regalado v. Cabezas

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-11T00:00:00-07:00

Citation: 959 So. 2d 282, 2007 Fla. App. LEXIS 5312, 2007 WL 1062974

Snippet: arbitrator found that Marcelino improperly diverted $382,499.03, which should have been distributed to shareholders

Sullivan v. Department of Health, Board of Chiropractic Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-16T00:00:00-07:00

Citation: 885 So. 2d 873, 2004 Fla. App. LEXIS 8396, 2004 WL 1336447

Snippet: is the “Florida Drug and Cosmetic Act.” Section 499.003 sets forth the definitions of terms employed in

JB v. Department of Children and Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-14T00:53:00-07:00

Citation: 734 So. 2d 498

Snippet: on October 30, 1996, at 9:00 a.m." Ante at 499. [3] Other states have enacted statutes specifying

Witmer v. DEPT. OF BUSINESS & PRO. REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-01T23:53:00-08:00

Citation: 631 So. 2d 338

Snippet: under 1992 Fla. Laws ch. 69 (reenacted as section 499.03, Florida Statutes (1993)). However, this section… Ch. 92-69, Laws of Fla. (reenacted as section 499.003, Florida Statutes (1993)). Nowhere in the complaint

Wright v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-05T00:00:00-07:00

Citation: 617 So. 2d 857, 1993 Fla. App. LEXIS 4989, 1993 WL 144085

Snippet: drug without a prescription, pursuant to section 499.03, Florida Statutes (1991). Since this crime is only