Florida Statute 499.03 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 499.03

Annotations, Discussions, Cases:

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

Cases Citing Statute 499.03

Total Results: 13

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

631 So. 2d 338, 1994 WL 26991

District Court of Appeal of Florida | Filed: Feb 2, 1994 | Docket: 1465471

Cited 16 times | Published

substance under 1992 Fla. Laws ch. 69 (reenacted as section 499.03, Florida Statutes (1993)). However, this section

O'HARA v. State

964 So. 2d 839, 2007 WL 2713539

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1223009

Cited 6 times | Published

remand for a new trial. O'Hara contends that section 499.03(1), Florida Statutes (2004), and section 893

Knipp v. State

67 So. 3d 376, 2011 WL 3300186

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 2361022

Cited 3 times | Published

thus, came within the exclusion provided by section 499.03, Florida Statutes. The State responded that

United States v. Franck's Lab, Inc.

816 F. Supp. 2d 1209, 2011 U.S. Dist. LEXIS 102560, 2011 WL 4031102

District Court, M.D. Florida | Filed: Sep 12, 2011 | Docket: 65976051

Cited 1 times | Published

fabrication of any drug, device, or cosmetic,” id. § 499.003(30) (emphasis added), and “manufacturer” as, inter

Ronald Brown, Jr. v. Sheriff Mike Williams

270 So. 3d 447

District Court of Appeal of Florida | Filed: Mar 28, 2019 | Docket: 14824711

Published

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

Burris v. State

255 So. 3d 996

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 64689577

Published

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

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

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140884

Published

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

State v. Vinci

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

District Court of Appeal of Florida | Filed: Sep 12, 2014 | Docket: 1222884

Published

840-41 *1258 (Fla. 2d DCA 2007). Section 499.03(2) further provides that “possession of a drug

Filppula v. State

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

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228202

Published

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

Gonzalez v. State

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

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 60306699

Published

alleged in the motion. Knipp, 67 So.3d. at 378. Section 499.03(1), Florida Statutes (2009), provides in part:

State v. Rodriguez

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

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60302908

Published

that is intended for further distribution. Section 499.003(37), Florida Statutes (2003)2, defines “repackage”

Sullivan v. Department of Health, Board of Chiropractic Medicine

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

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 64833875

Published

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

Wright v. State

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

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 64695908

Published

medicinal drug without a prescription, pursuant to section 499.03, Florida Statutes (1991). Since this crime