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, trade name, or class 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).
63. Fentanyl derivatives. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure:
a. With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen;
b. With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group;
c. With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups;
d. With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety;
e. With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups;
f. With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; and
g. With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring;
excluding, Alfentanil, Carfentanil, Fentanyl, and Sufentanil; including, but not limited to:
(I) Acetyl-alpha-methylfentanyl.
(II) Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine).
64. Nitazene derivatives. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a benzimidazole ring with an ethylamine substitution at the 1-position and a benzyl ring substitution at the 2-position structure:
a. With or without substitution on the benzimidazole ring with alkyl, alkoxy, carboalkoxy, amino, nitro, or aryl groups, or halogens;
b. With or without substitution at the ethylamine amino moiety with alkyl, dialkyl, acetyl, or benzyl groups, whether or not further substituted in the ring system;
c. With or without inclusion of the ethylamine amino moiety in a cyclic structure;
d. With or without substitution of the benzyl ring; or
e. With or without replacement of the benzyl ring with an aromatic ring, including, but not limited to:
(I) Butonitazene.
(II) Clonitazene.
(III) Etodesnitazene.
(IV) Etonitazene.
(V) Flunitazene.
(VI) Isotodesnitazene.
(VII) Isotonitazene.
(VIII) Metodesnitazene.
(IX) Metonitazene.
(X) Nitazene.
(XI) N-Desethyl Etonitazene.
(XII) N-Desethyl Isotonitazene.
(XIII) N-Piperidino Etonitazene.
(XIV) N-Pyrrolidino Etonitazene.
(XV) Protonitazene.
(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, homologues, nitrogen-heterocyclic analogs, esters, ethers, and salts of isomers, homologues, nitrogen-heterocyclic analogs, esters, or ethers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation or class description:
13. PCE (N-Ethyl-1-phenylcyclohexylamine) (Ethylamine analog of phencyclidine).
14. JB-318 (N-Ethyl-3-piperidyl benzilate).
15. N-Ethylamphetamine.
16. Fenethylline.
17. 3,4-Methylenedioxy-N-hydroxyamphetamine.
18. Ibogaine.
19. LSD (Lysergic acid diethylamide).
20. Mescaline.
21. Methcathinone.
22. 5-Methoxy-3,4-methylenedioxyamphetamine.
23. PMA (4-Methoxyamphetamine).
24. PMMA (4-Methoxymethamphetamine).
25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
27. MDA (3,4-Methylenedioxyamphetamine).
28. JB-336 (N-Methyl-3-piperidyl benzilate).
29. N,N-Dimethylamphetamine.
30. Parahexyl.
31. Peyote.
32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) (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. Xylazine.
38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine) (Thiophene analog of phencyclidine).
39. 3,4,5-Trimethoxyamphetamine.
40. Methylone (3,4-Methylenedioxymethcathinone).
41. MDPV (3,4-Methylenedioxypyrovalerone).
42. Methylmethcathinone.
43. Methoxymethcathinone.
44. Fluoromethcathinone.
45. Methylethcathinone.
46. CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol) and its dimethyloctyl (C8) homologue.
190. Synthetic Cannabinoids.—Unless specifically excepted or unless listed in another schedule or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found to be in any of the following chemical class descriptions, or homologues, nitrogen-heterocyclic analogs, isomers (including optical, positional, or geometric), esters, ethers, salts, and salts of homologues, nitrogen-heterocyclic analogs, isomers, esters, or ethers, whenever the existence of such homologues, nitrogen-heterocyclic analogs, isomers, esters, ethers, salts, and salts of isomers, esters, or ethers is possible within the specific chemical class or designation. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or the compounds of these structures shall be included under this subparagraph, regardless of their specific numerical designation of atomic positions covered, if it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories:
a. Tetrahydrocannabinols.—Any tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, the synthetic equivalents of the substances contained in the plant or in the resinous extracts of the genus Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, including, but not limited to, Delta 9 tetrahydrocannabinols and their optical isomers, Delta 8 tetrahydrocannabinols and their optical isomers, Delta 6a,10a tetrahydrocannabinols and their optical isomers, or any compound containing a tetrahydrobenzo[c]chromene structure with substitution at either or both the 3-position or 9-position, with or without substitution at the 1-position with hydroxyl or alkoxy groups, including, but not limited to:
(I) Tetrahydrocannabinol.
(II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
b. Naphthoylindoles, Naphthoylindazoles, Naphthoylcarbazoles, Naphthylmethylindoles, Naphthylmethylindazoles, and Naphthylmethylcarbazoles.—Any compound containing a naphthoylindole, naphthoylindazole, naphthoylcarbazole, naphthylmethylindole, naphthylmethylindazole, or naphthylmethylcarbazole structure, with or without substitution on the indole, indazole, or carbazole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to:
c. Naphthoylpyrroles.—Any compound containing a naphthoylpyrrole structure, with or without substitution on the pyrrole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to:
d. Naphthylmethylenindenes.—Any compound containing a naphthylmethylenindene structure, with or without substitution at the 3-position of the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to, JWH-176 (3-Pentyl-1-(naphthylmethylene)indene).
e. Phenylacetylindoles and Phenylacetylindazoles.—Any compound containing a phenylacetylindole or phenylacetylindazole structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the phenyl ring to any extent, including, but not limited to:
(I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole).
(II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
f. Cyclohexylphenols.—Any compound containing a cyclohexylphenol structure, with or without substitution at the 5-position of the phenolic ring to any extent, whether or not substituted on the cyclohexyl ring to any extent, including, but not limited to:
g. Benzoylindoles and Benzoylindazoles.—Any compound containing a benzoylindole or benzoylindazole structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the phenyl ring to any extent, including, but not limited to:
(I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole).
(II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
h. Tetramethylcyclopropanoylindoles and Tetramethylcyclopropanoylindazoles.—Any compound containing a tetramethylcyclopropanoylindole or tetramethylcyclopropanoylindazole structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the tetramethylcyclopropyl group to any extent, including, but not limited to:
i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole carboxamides, and Adamantylindazole carboxamides.—Any compound containing an adamantoyl indole, adamantoyl indazole, adamantyl indole carboxamide, or adamantyl indazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the adamantyl ring to any extent, including, but not limited to:
j. Quinolinylindolecarboxylates, Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides, and Quinolinylindazolecarboxamides.—Any compound containing a quinolinylindole carboxylate, quinolinylindazole carboxylate, isoquinolinylindole carboxylate, isoquinolinylindazole carboxylate, quinolinylindole carboxamide, quinolinylindazole carboxamide, isoquinolinylindole carboxamide, or isoquinolinylindazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the quinoline or isoquinoline ring to any extent, including, but not limited to:
k. Naphthylindolecarboxylates and Naphthylindazolecarboxylates.—Any compound containing a naphthylindole carboxylate or naphthylindazole carboxylate structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to:
l. Naphthylindole carboxamides and Naphthylindazole carboxamides.—Any compound containing a naphthylindole carboxamide or naphthylindazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to:
m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl indazole carboxamides, Alkylcarbonyl indole carboxylates, and Alkylcarbonyl indazole carboxylates.—Any compound containing an alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3-phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an indole carboxamide, indazole carboxamide, indole carboxylate, or indazole carboxylate, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the alkylcarbonyl group to any extent, including, but not limited to:
n. Cumylindolecarboxamides and Cumylindazolecarboxamides.—Any compound containing a N-(2-phenylpropan-2-yl) indole carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the phenyl ring of the cumyl group to any extent, including, but not limited to:
(II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-(fluoropentyl)indole-3-carboxamide).
o. Other Synthetic Cannabinoids.—Any material, compound, mixture, or preparation that contains any quantity of a Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.:
(I) With or without modification or replacement of a carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage between either two core rings, or linkage between a core ring and group structure, with or without the addition of a carbon or replacement of a carbon;
(II) With or without replacement of a core ring or group structure, whether or not substituted on the ring or group structures to any extent; and
(III) Is a cannabinoid receptor agonist, unless specifically excepted or unless listed in another schedule or contained within a pharmaceutical product approved by the United States Food and Drug Administration.
191. Substituted Cathinones.—Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations:
a. Any compound containing a 2-amino-1-phenyl-1-propanone structure;
b. Any compound containing a 2-amino-1-naphthyl-1-propanone structure; or
c. Any compound containing a 2-amino-1-thiophenyl-1-propanone structure,
whether or not the compound is further modified:
(I) With or without substitution on the ring system to any extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy, haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide substituents;
(II) With or without substitution at the 3-propanone position with an alkyl substituent or removal of the methyl group at the 3-propanone position;
(III) With or without substitution at the 2-amino nitrogen atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or not further substituted in the ring system; or
(IV) With or without inclusion of the 2-amino nitrogen atom in a cyclic structure, including, but not limited to:
192. Substituted Phenethylamines.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations, any compound containing a phenethylamine structure, without a beta-keto group, and without a benzyl group attached to the amine group, whether or not the compound is further modified with or without substitution on the phenyl ring to any extent with alkyl, alkylthio, nitro, alkoxy, thio, halide, fused alkylenedioxy, fused furan, fused benzofuran, fused dihydrofuran, or fused tetrahydropyran substituents, whether or not further substituted on a ring to any extent, with or without substitution at the alpha or beta position by any alkyl substituent, with or without substitution at the nitrogen atom, and with or without inclusion of the 2-amino nitrogen atom in a cyclic structure, including, but not limited to:
a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
j. 2C-H (2,5-Dimethoxyphenethylamine).
k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
m. MDMA (3,4-Methylenedioxymethamphetamine).
n. MBDB (Methylbenzodioxolylbutanamine) or (3,4-Methylenedioxy-N-methylbutanamine).
which does not include phenethylamine, mescaline as described in subparagraph 20., substituted cathinones as described in subparagraph 191., N-Benzyl phenethylamine compounds as described in subparagraph 193., or methamphetamine as described in subparagraph (2)(c)5.
193. N-Benzyl Phenethylamine Compounds.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations, any compound containing a phenethylamine structure without a beta-keto group, with substitution on the nitrogen atom of the amino group with a benzyl substituent, with or without substitution on the phenyl or benzyl ring to any extent with alkyl, alkoxy, thio, alkylthio, halide, fused alkylenedioxy, fused furan, fused benzofuran, or fused tetrahydropyran substituents, whether or not further substituted on a ring to any extent, with or without substitution at the alpha position by any alkyl substituent, including, but not limited to:
a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2-hydroxybenzyl)]phenethylamine).
c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2-fluorobenzyl)]phenethylamine).
d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3-methylenedioxybenzyl)]phenethylamine).
e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2-hydroxybenzyl)]phenethylamine).
g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2-fluorobenzyl)]phenethylamine).
h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3-methylenedioxybenzyl)]phenethylamine).
i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2-hydroxybenzyl)]phenethylamine).
n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2-fluorobenzyl)]phenethylamine).
o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3-methylenedioxybenzyl)]phenethylamine).
p. 25H-NBOMe (2,5-Dimethoxy-[N-(2-methoxybenzyl)]phenethylamine).
r. 25H-NBF (2,5-Dimethoxy-[N-(2-fluorobenzyl)]phenethylamine).
s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2-methoxybenzyl)]phenethylamine),
which does not include substituted cathinones as described in subparagraph 191.
194. Substituted Tryptamines.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation containing a 2-(1H-indol-3-yl)ethanamine, for example tryptamine, structure with or without mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups, or by inclusion of the amino nitrogen atom in a cyclic structure, whether or not substituted at the alpha position with an alkyl group, whether or not substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups, including, but not limited to:
a. Alpha-Ethyltryptamine.
b. Bufotenine.
c. DET (Diethyltryptamine).
d. DMT (Dimethyltryptamine).
e. MET (N-Methyl-N-ethyltryptamine).
f. DALT (N,N-Diallyltryptamine).
g. EiPT (N-Ethyl-N-isopropyltryptamine).
h. MiPT (N-Methyl-N-isopropyltryptamine).
i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
j. 5-Hydroxy-N-methyltryptamine.
k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
m. Methyltryptamine.
n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
q. DiPT (N,N-Diisopropyltryptamine).
r. DPT (N,N-Dipropyltryptamine).
s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N-isopropyltryptamine).
z. Methyl-alpha-ethyltryptamine.
aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
which does not include tryptamine, psilocyn as described in subparagraph 34., or psilocybin as described in subparagraph 33.
195. Substituted Phenylcyclohexylamines.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation containing a phenylcyclohexylamine structure, with or without any substitution on the phenyl ring, any substitution on the cyclohexyl ring, any replacement of the phenyl ring with a thiophenyl or benzothiophenyl ring, with or without substitution on the amine with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in a cyclic structure, or any combination of the above, including, but not limited to:
a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP (Benocyclidine).
b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog of phencyclidine).
c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine analog of phencyclidine).
d. PCPr (Phenylcyclohexylpropylamine).
e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene analog of phencyclidine).
f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
h. Methoxetamine.
i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that 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. Dihydroetorphine.
i. Ethylmorphine.
j. Etorphine hydrochloride.
k. Hydrocodone and hydrocodone combination products.
l. Hydromorphone.
m. Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
n. Metopon (methyldihydromorphinone).
o. Morphine.
p. Oripavine.
q. Oxycodone.
r. Oxymorphone.
s. 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, except that these substances shall not include ioflupane I 123.
(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:
(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. Lisdexamfetamine.
5. Methamphetamine.
6. Methylphenidate.
7. Pentobarbital.
8. Phenmetrazine.
9. Phenylacetone.
10. Secobarbital.
(d) Dronabinol (synthetic THC) in oral solution in a drug product approved by the United States Food and Drug Administration.
(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. Buprenorphine.
4. Chlorhexadol.
5. Chlorphentermine.
6. Clortermine.
7. Embutramide.
8. Lysergic acid.
9. Lysergic acid amide.
10. Methyprylon.
11. Perampanel.
12. Phendimetrazine.
13. Sulfondiethylmethane.
14. Sulfonethylmethane.
15. Sulfonmethane.
16. 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 (Clostebol).
h. Dehydrochlormethyltestosterone.
i. Dihydrotestosterone (Stanolone).
j. Drostanolone.
k. Ethylestrenol.
l. Fluoxymesterone.
m. Formebulone (Formebolone).
n. Mesterolone.
o. Methandrostenolone (Methandienone).
p. Methandranone.
q. Methandriol.
r. Methenolone.
s. Methyltestosterone.
t. Mibolerone.
u. Nortestosterone (Nandrolone).
v. Norethandrolone.
w. Nortestosterone decanoate.
x. Nortestosterone phenylpropionate.
y. Nortestosterone propionate.
z. Oxandrolone.
aa. Oxymesterone.
bb. Oxymetholone.
cc. Stanozolol.
dd. Testolactone.
ee. Testosterone.
ff. Testosterone acetate.
gg. Testosterone benzoate.
hh. Testosterone cypionate.
ii. Testosterone decanoate.
jj. Testosterone enanthate.
kk. Testosterone isocaproate.
ll. Testosterone oleate.
mm. Testosterone phenylpropionate.
nn. Testosterone propionate.
oo. Testosterone undecanoate.
pp. Trenbolone.
qq. Trenbolone acetate.
rr. 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) 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.
(b) 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:
65. Propylhexedrine, excluding any patent or proprietary preparation containing propylhexedrine, unless otherwise provided by federal law.
66. Quazepam.
67. Sibutramine.
68. SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
69. Suvorexant.
70. Temazepam.
71. Tetrazepam.
72. Tramadol.
73. Triazolam.
74. Zaleplon.
75. Zolpidem.
76. Zopiclone.
77. Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(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 must include one or more active medicinal ingredients that 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.
6. Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(b) Unless a specific exception exists or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances is controlled in Schedule V:
1. Brivaracetam.
2. Ezogabine.
3. Lacosamide.
4. Pregabalin.
(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 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. Paragraph (4)(w) was redesignated as subparagraph (4)(b)29. by s. 8, ch. 2018-3. The Drug Enforcement Administration, United States Department of Justice, in FR Doc. 2022-27400, filed December 22, 2022, issued a final rule removing fenfluramine from the schedules of the Controlled Substances Act, effective December 23, 2022.
Cited 146 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 60, 2006 WL 12894
...Under the current codification of this provision “it is unlawful for any person to sell,
manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled
substance.” Fla. Stat. Ann. § 893.13(1)(a) (West 2005). Cocaine is such a controlled substance.
Fla. Stat. Ann. § 893.03(2)(a)(4) (West 2005)....
Cited 134 times | Published | Supreme Court of Florida | 1999 WL 817189
...urchase, manufacture, delivery, or possession of four grams or more of the following substances: morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in section 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II] or 4 grams of any mixture containing such substance ......
...which determines the penalty." Dial, 730 So.2d at 813 (Klein, J., specially concurring). To determine whether this "anomaly" was intended by the Legislature, we must examine the actual text of sections 893.135(1)(c)1 (the drug trafficking statute), 893.03(2)(a)1.j, Florida Statutes (Supp.1996) (hydrocodone listed in Schedule II), and 893.03(3)(c)4 (hydrocodone listed in Schedule III)....
...of a statute should be read in pari materia in order to achieve a consistent whole). Further, Schedules II and III must be read together because both schedules state that hydrocodone is listed in that schedule "unless listed in another schedule." §§ 893.03(2)(a),.03(3)(c)....
...ly to Schedule I and II substances. Hydrocodone is not included in the list of Schedule I narcotics. Schedule I narcotics are those controlled substances with the highest potential for abuse and have "no currently accepted medical use in treatment." § 893.03(1)....
...A substance listed 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." § 893.03(2). Schedule II provides, in pertinent part, that "unless listed in another schedule," "[h]ydrocodone" is a Schedule II substance. § 893.03(2)(a)1.j (emphasis supplied)....
...ha[ve] 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. § 893.03(3)....
...any salts thereof: . . . . 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 which are not controlled substances. § 893.03(3)(c)4 (emphasis supplied). Each schedule states that hydrocodone is listed in that schedule "unless listed in another schedule." §§ 893.03(2)(a),.03(3)(c)....
...e if it contains language authorizing the construction urged by the State and adopted by the Fourth and Fifth Districts. According to the language of the statute at issue here, possession of "4 grams or more of any ... hydrocodone... as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II], or 4 grams or more of any mixture containing any such substance" is punishable under the trafficking statutes. § 893.135(1)(c)1 (emphasis supplied). The phrase, "as described in s. 893.03(1)(b) or (2)(a) [Schedules I or II]," restricts the applicability of the trafficking statute to only those drugs described in Schedule I or Schedule II....
...which controlled. See Hayes, 720 So.2d at 1097. We, however, conclude that the statute must be read strictly with the focus on the term " such, " which restricts the phrase "any mixture," by referring back to the restrictive phrase "as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II]." Thus, a close reading of the statutory language reveals that "such mixture" applies only to mixtures containing Schedule I or II substances....
Cited 84 times | Published | Supreme Court of Florida | 1991 WL 231597
...caine, ... in that the said Carlos Girardo Gomez and Patrick David Weller did conspire, combine, agree, or confederate to deliver Cocaine ... in an amount of four hundred (400) grams or more, ... contrary to F.S. 893.135(4), F.S. 893.135(1)(b)(3), F.S. 893.03(2)(a)(4) and F.S....
Cited 65 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 24665, 2005 WL 3070485
...Any person who knowingly sells, purchases, manufactures, delivers,
or brings into this state, or who is knowingly in actual or constructive
5
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,” ....
Cited 58 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 19010
...§ 4B1.2(2)." United States v. Lipsey, 40 F.3d 1200, 1201 (11th Cir.1994). 15 In 1990, Hutchinson pleaded nolo contendere to a violation of Florida Statutes § 817.563. That law reads, in relevant part: 16 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof 17 It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance....
...In the Florida case Hutchinson had pleaded nolo contendere to a violation of Florida statute § 817.563, which appears in Chapter 817 of the Florida Statutes Annotated titled "Fraudulent Practices," in Part I, thereof, titled "False Practices and Frauds, Generally." 37 Sec. 817.563. Controlled substance named or described in s. 893.03; sale of substance in lieu thereof 38 It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance....
...eliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. 50 * * * * * * 51 (2) For purposes of this section, "counterfeit controlled substance" means: 52 (a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or 53 (b) Any substance which is falsely identified by its container or labeling as a controlled substance named or described in s. 893.03....
...denied, --- U.S. ----, 115 S.Ct. 1987 , 131 L.Ed.2d 874 (1995) 2 As a general rule, "a sentencing court should apply the guidelines in effect at the time of sentencing." United States v. Aduwo, 64 F.3d 626 , 628 n. 1 (11th Cir.1995) 3 Florida Statutes § 893.03 sets forth the state's standards and schedules concerning controlled substances. See Fla.Stat.Ann. § 893.03 (West 1994) 4 Of course, "[i]n remanding, we express no opinion regarding whether the quantity of cocaine base the [district court believed] was properly attributable to each appellant may ultimately be proven correct." Lawrence, 47 F.3d at...
Cited 45 times | Published | Florida 4th District Court of Appeal
...uch 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 professional practice... ." Cannabis is a controlled substance. Section 893.02(3) and Section 893.03(1)(c), Florida Statutes 1973....
Cited 33 times | Published | Florida 4th District Court of Appeal | 1989 WL 9141
...trolled substance in, on or within one thousand feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in section 893.03(1)(a), (1)(b)(1)(d), (2)(a), or (2)(b) is guilty of a felony of the first degree, punishable as provided in section 775.082, section 775.083, or section 775.084. 2. A controlled substance named or described in section 893.03(1)(c), (2)(c), (3), or (4) is guilty of a felony of the second degree, punishable as provided in section 775.082, section 775.083, or section 775.084....
Cited 32 times | Published | Supreme Court of Florida
...Gen., and Steven R. Jacob, Asst. Atty. Gen., Miami, for appellee. ALDERMAN, Justice. We have for review by direct appeal Donald Shapiro's conviction for possession of cocaine. Because the trial court upheld the constitutional validity of sections 893.13 and 893.03(2)(a)(4), Florida Statutes (1977), part of the "Florida Comprehensive Drug Abuse Prevention and Control Act," we have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972)....
...stions. We hold that the challenged statutes are constitutional and that the trial court's denial of the motion to suppress was proper, and we therefore affirm Shapiro's conviction and sentence. Shapiro's constitutional attack on sections 893.13 and 893.03(2)(a)(4) is totally without merit and warrants only brief discussion....
...In view of our holding that probable cause was not a prerequisite to this limited search in the security boarding area of the airport, we need not reach the question of whether, under the facts of this case, the detective actually had probable cause to search. *351 Accordingly, we hold that section 893.13 and section 893.03(2)(a)(4) are constitutional....
Cited 32 times | Published | Court of Appeals for the Eleventh Circuit | 2011 WL 227677
...ating that “[o]n March
26, 1996, [Roye] did unlawfully and knowingly sell, purchase, manufacture, deliver,
or was knowingly in actual or constructive possession of more than More than [sic]
28 grams of Cocaine, a controlled substance defined in Section 893.03, contrary to
Section 893.135.”3 DE 37-5....
Cited 20 times | Published | Supreme Court of Florida
...The information charged, in pertinent part, that Dr. Cilento "did unlawfully and feloniously sell or deliver to [a named individual], by means of a prescription issued in bad faith and not in the course of professional practice, a controlled substance, to wit: methaqualone... ." Section 893.03(3)(a)(6) classifies methaqualone as a Schedule III substance, sale or delivery of which is a third-degree felony *665 under section 893.13(1)(a)(2)....
Cited 18 times | Published | Florida 4th District Court of Appeal
...ontrolled 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 professional practice... ." Phenobarbital is a controlled substance. Section 893.02(3) and Section 893.03(4), Florida Statutes 1973....
Cited 15 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2390, 1985 Fla. App. LEXIS 16422
...unconstitutionally vague as inadequate to meet due process standards of prior fair notice is plainly unsupportable in the light of State v. Weeks, 335 So.2d 274 (Fla. 1976). In Weeks, the supreme court rejected the claim that a criminal statute, section 893.03(2)(c)(1), which forbids the delivering of a controlled substance by a physician through an order "not issued in good faith," was void for vagueness....
...DONE and RECOMMENDED this 1st day of November, 1983, in Tallahassee, Leon County, Florida. s/Linda M. Rigot LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 NOTES [1] Section 893.03, Florida Statutes (1981), was amended effective July 1, 1982 to delete methaqualone from the list of Schedule II substances and to reclassify it as a Schedule I substance....
Cited 14 times | Published | Florida 1st District Court of Appeal | 2003 WL 22399604
...d not consent, the officers would obtain a warrant. The room occupants, including Lee, consented to a search of the room. After seizing the drugs and other items, the officers arrested Lee and charged him with trafficking in cocaine, in violation of section 893.03(2)(a)4., Florida Statutes....
Cited 14 times | Published | Supreme Court of Florida
...ional challenge to the statute's constitutionality to the ones covered in Benitez. We again uphold the statute. Appellees contend that section 893.135 violates equal protection by singling out only four [2] of the controlled substances proscribed in section 893.03, Florida Statutes (1979)....
Cited 14 times | Published | Supreme Court of Florida
...wly drawn statute. Bigelow v. Virginia, 421 U.S. 809, 95 S.Ct. 2222, 44 L.Ed.2d 600 (1975); Dombrowski v. Pfister, 380 U.S. 479, 85 S.Ct. 1116, 14 L.Ed.2d 22 (1965). This is not such a case. Phenmetrazine is a controlled substance under Florida law, section 893.03(2)(c)3, Florida Statutes (1977), and no question of the rationality of its regulation is before us....
Cited 13 times | Published | Florida 5th District Court of Appeal | 1996 WL 648285
...rams or more of the substance or "4 grams or more of any mixture containing any such substance..." But if a tablet contains no more than 15 milligrams of hydrocodone along with other active ingredients which are not controlled substances, then under section 893.03(3)(c)4 such tablet is a SCHEDULE III substance and, under section 893.13(1)(a), its sale, manufacture or delivery (or the possession with such intent) is a third degree felony....
...Baxley responds that since the legislature has determined that small amounts of hydrocodone in conjunction with other uncontrolled substances have less potential for abuse than SCHEDULE I or SCHEDULE II substances and have a "currently acceptable medical use," the improper dealing with tablets that comply with section 893.03(3)(c)4 may only be prosecuted as a third degree felony. However, we believe that a proper interpretation of section 893.03(3)(c)4 makes it clear that only a small amount of hydrocodone is a SCHEDULE III substance....
...listed in another schedule ..." We find no conflict. In fact, because hydrocodone appears in both schedules, our interpretation of the statute is given more credence. SCHEDULE III substances include hydrocodone or hydrocodone mixtures which meet the section 893.03(3)(c)4 limitation and SCHEDULE II includes all other hydrocodone....
Cited 13 times | Published | Supreme Court of Florida | 1999 WL 1072903
...ANALYSIS The defendant here was charged with violating section 893.135(1)(b)(1), Florida Statutes (1995). It provides: 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 § 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." If the quantity involved: a....
Cited 13 times | Published | Supreme Court of Florida
...t. Id. at 10. Petitioner contends that the legislative enactment of section 402.36, Florida Statutes (1978 Supp.), which allows cannabis to be used in medical research as the effect of making the classification of cannabis as a Schedule I drug under section 893.03, Florida Statutes (1978 Supp.), irrational and in effect requires this Court to recede from its Hamilton decision....
...In classifying cannabis as a Schedule I drug, the legislature expressly stated that cannabis "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. " § 893.03(1), Fla....
Cited 13 times | Published | Supreme Court of Florida
...To prove that an object found in the possession of the accused is a controlled substance, the state must present the testimony of a qualified expert. The testimony of a non-expert, based on simple observation, will not be enough to establish whether an object is a controlled substance under section 893.03, Florida Statutes (1981)....
Cited 13 times | Published | Florida 2nd District Court of Appeal | 2005 WL 291948
...(1997). Pharmacists are licensed and heavily regulated under chapter 465. The prescription drug involved here, Vicodin which contains hydrocodone is a controlled substance. See Hayes v. State, 750 So.2d 1, 1 (Fla.1999). Hydrocodone is governed by section 893.03(3)....
Cited 10 times | Published | Supreme Court of Florida | 2002 WL 31519926
...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) [i.e., Schedule I] or (2)(a) [i.e., Schedule II], 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." § 893.135(1)(c)1, Fla....
...[4] In the wake of Hayes, the Legislature in 2000 amended Schedule III to delete reference to hydrocodone, thus making four grams or more of hydrocodone, or four grams or more of any mixture containing hydrocodone, a Schedule II drug embraced by the trafficking statute, regardless of the dosage unit. See § 893.03(3), Fla....
Cited 10 times | Published | Florida 1st District Court of Appeal | 1997 WL 122655
...3). We affirm for the reasons set forth below, and certify conflict with the Fifth District Court of Appeal. Holland was charged with five counts of trafficking in "[h]ydrocodone also known as Lortab and/or Vicodin, a controlled substance defined in Section 893.03 Florida Statutes, in violation of 893.135 Florida Statutes." Holland filed a motion to dismiss, accompanied by an affidavit of a licensed pharmacist, attesting that the drug alleged in the information was not a Schedule II drug, but ra...
....135(1)(c), Florida Statutes. The lower court agreed, and dismissed the information. Section 893.135(1)(c)1, Florida Statutes (1993), prohibits the sale, purchase, manufacture, delivery, or possession of 4 grams or more of any substance described in section 893.03(1)(b)(Schedule I narcotics), any substance described in section 893.03(2)(a)(Schedule II narcotics), or 4 grams or more of any mixture containing any such substance....
...vegetable origin or independently by means of chemical synthesis: 1. Opium and any salt, compound derivative, or preparation of opium, except nalmafene or isoquinoline alkaloids of opium, including, but not limited to the following: j. Hydrocodone. Section 893.03(2)(a)1, Florida Statutes (1993)....
...ances or any salts thereof: 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 which are not controlled substances. Section 893.03(3)(c)4, Florida Statutes (1993)....
...charged within the ambit of Schedule III, argues that the trafficking statute nevertheless applies because it prohibits the sale or possession of 4 grams or more of any mixture containing hydrocodone. We disagree. Reading sections 893.135(1)(c)1 and 893.03(3)(c)4 in concert, it is clear to us that, if a mixture containing the controlled substance falls within the parameters set forth in Schedule III, the amount of the controlled substance per dosage unit, not the aggregate amount or weight, dete...
Cited 10 times | Published | Florida 2nd District Court of Appeal
...Alderman, III, Alderman, Hendry & Wallace, Fort Myers, for appellee. GRIMES, Judge. The state appeals the dismissal of a two count information charging appellee with the commission of third degree felonies. The first count charged that appellee "did unlawfully deliver a controlled substance named or described in Section 893.03(2)(c), to-wit: Dexadrine, to TONY HORVATH, by use of a written order for said drug not issued in good faith and in the course of his professional practice." The second count was worded the same except that appellee was charged with delivering a different drug to another person....
Cited 9 times | Published | Florida 1st District Court of Appeal | 2008 WL 2276285
...both charges are third-degree felonies and carry the same penalty. The state charged the defendant with possession of diazepam with intent to sell, which violates section 893.13(1)(a)(2), because diazepam is a schedule IV controlled substance under section 893.03(4)(p)....
Cited 9 times | Published | Florida 1st District Court of Appeal | 1991 WL 105517
...1st DCA 1981) ("Medical necessity was recognized as an arguable defense by this court in Bavero v. State [.]"), review denied, 413 So.2d 875 (Fla. 1982). Although the state conceded at oral argument that the necessity defense exists in Florida's common law, the state nevertheless contends that Section 893.03, Florida Statutes (1989), is inconsistent with and therefore precludes the defense in the case at bar. We disagree. Section 893.03(1) provides: SCHEDULE I....
...ubstances have no currently accepted medical use, the Legislature recognizes that certain substances are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. The state argues that section 893.03 permits no medical uses of marijuana whatsoever....
...Carlile v. Game & Fresh Water Fish Comm'n, 354 So.2d 362, 364 (Fla. 1977) (quoting 30 Fla.Jur. Statutes § 130 (rev. ed. 1974); State v. Egan, 287 So.2d 1, 6-7 (Fla. 1973); Sullivan v. Leatherman, 48 So.2d 836, 838 (Fla. 1950) (en banc). We conclude that section 893.03 does not preclude the defense of medical necessity under the particular facts of this case....
Cited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 13251
...In pertinent part, section 893.135(1)(b), Florida Statutes, (1985) provides: Any person who knowingly sells, 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 § 893.03(2)(a)4 or of any mixture containing cocaine is guilty of a felony of the first degree, which felony shall be known as "trafficking in cocaine." If the quantity involved: ......
Cited 9 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 104
...rolled substance, or with a specified blood alcohol level. [2] State v. Palmore, 495 So.2d 1170 (Fla. 1986); State v. McPhadder, 452 So.2d 1017 (Fla. 1st DCA 1984); State v. Segura, 378 So.2d 1240 (Fla. 2nd DCA 1979). [3] Controlled substances under section 893.03, Florida Statutes (1985)....
Cited 9 times | Published | Florida 1st District Court of Appeal | 2006 WL 3796177
...State, 596 So.2d 1167, 1168 (Fla. 4th DCA 1992) (holding that a defendant may not be charged with two separate offenses premised on two amounts of cocaine, one found in a box and one found in a bag, located in the passenger compartment of the defendant's vehicle). Further, section 893.03(2)(a)(4), Florida Statutes (2005), defines cocaine as: "Cocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine." Because the relevant statute does not divide...
Cited 8 times | Published | Florida 5th District Court of Appeal | 1994 WL 63291
...istinct factual events, separated by approximately 2 1/2 hours. There is no double jeopardy impediment to separate convictions and sentences in this context. The defendant was convicted on Counts I and III of sale of cocaine, a second degree felony, § 893.03(2)(a)4, Florida Statutes, punishable by up to 15 years imprisonment....
Cited 8 times | Published | Supreme Court of Florida
...ted acts and penalties therefor under the Florida Comprehensive *276 Drug Abuse Prevention and Control Act. Each count alleges a different occasion on which the defendant "unlawfully deliver[ed] a controlled substance named or described in section F.S. 893.03(2)(c)(1) [or (2)] ......
Cited 8 times | Published | Florida 1st District Court of Appeal | 2001 WL 1661470
...State, 787 So.2d 259 (Fla. 2d DCA 2001). Appellant alleged he was tried and found guilty of two counts of sale of cocaine and two counts of possession of (the same) cocaine with intent to sell or deliver, all of which offenses are second-degree felonies. § 893.13(1)(a)1 & § 893.03(2)(a)4, Fla....
Cited 8 times | Published | Supreme Court of Florida
...We address only one, raised by him initially in a pre-trial motion, because it is dispositive of the appeal. The issue is whether his conviction under the present statute violates the Due Process Clauses of the federal or Florida Constitutions. We hold that it does. Section 893.03, Florida Statutes (1975), gives the standards and schedules of substances controlled by the Drug Abuse Act. Subsection (1) is denominated Schedule I. The subsection recites that substances listed in Schedule I have high potential for abuse and no currently accepted medical use in the United States. Section 893.03(1)(c)(15), part of Schedule I, controls any material which contains a quantity of the hallucinogenic substance "psilocybin." Section 893.13(1)(a)(2) makes possession of psilocybin a felony of the third degree....
Cited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 168917
...ll bottle. The abandonment of the contraband under these circumstances was not voluntary. California v. Hodari D . Accordingly, we reverse Lang's conviction and adjudication. REVERSED and REMANDED. PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] § 893.03, Fla.Stat....
Cited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 4361853
...cause affidavit and subsequently received a search warrant for the apartment. During the search, cocaine was found. The appellant was arrested and charged with trafficking in 400 grams or more, but less than 150 kilograms, of cocaine in violation of section 893.03(2)(a)4, Florida Statutes (2005)....
Cited 7 times | Published | Florida 5th District Court of Appeal
...y and feloniously sell or deliver to another person, cannabis, a controlled substance commonly known as marijuana, in violation of Florida Statute 893.13(1)(a)(2); third degree felony" (emphasis supplied). Cannabis is a controlled substance named in section 893.03(1)(c), Florida Statutes (1981). Section 893.13(1)(a)(2) makes it a third degree felony for "any person to sell ... or deliver ... a controlled substance named or described in s. 893.03(1)(c)......
Cited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 728341
...a light most favorable to sustain the court's verdict. Thomas v. State, 644 So.2d 597 (Fla. 5th DCA 1994). [2] But in this case the evidence is not sufficient to support the lower court's finding. REVERSED. COBB and THOMPSON, JJ., concur. NOTES [1] § 893.03(2)(a)(4), Fla....
Cited 6 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713539
...escription." Section 893.04(1) states that a pharmacist may dispense a "controlled substance" only "upon a written or oral prescription." A controlled substance is defined in section 893.02(4) as "any substance named or described in Schedules I-V of s. 893.03." Hydrocodone is one of those substances. § 893.03(2)(a)(1)(j), (3)(c)(3)-(4)....
...8, 2000) (noting that the deletion of hydrocodone from Schedule III "will create an undue and unintended disruption upon the legitimate medical use of numerous medical products"). At the urging of the Florida Board of Medicine and the Florida Board of Pharmacy, the Attorney General exercised his authority under section 893.0355(2) to retain hydrocodone as a Schedule III drug....
...Vicodin HP contains 10 milligrams of hydrocodone and 660 milligrams of acetaminophen. Id. at 528. Vicoprofen contains 7.5 milligrams of hydrocodone and 200 milligrams of ibuprofen. Id. at 529. [3] Hydrocodone is both a Schedule II and a Schedule III drug. § 893.03(2)(a)(1)(j), (3)(c)(3)-(4). A Schedule III drug "has a currently accepted medical use in treatment in the United States." § 893.03(3). Prescription Vicodin tablets would be included in Schedule III because they contain, at the most, 10 milligrams of hydrocodone per tablet. See § 893.03(3)(c)(4) (placing hydrocodone in Schedule III if a dosage unit contains "not more than 15 milligrams" of the drug, with recognized therapeutic amounts of active ingredients that are not controlled substances).
Cited 6 times | Published | Florida 1st District Court of Appeal | 1997 WL 574613
...all provisions of Florida Statutes Chapter 893, including the provision making it unlawful to sell, purchase, manufacture, or deliver, or possess with intent to sell, purchase, manufacture, or deliver, a controlled substance. Under Florida Statutes Section 893.03, marijuana was a controlled substance....
Cited 6 times | Published | Supreme Court of Florida
...(1971), "is hereby held for naught" [2] and this appeal is dismissed. OVERTON, C.J., and ROBERTS, ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. NOTES [1] The drug phencyclidine is now specifically listed in the Florida Comprehensive Drug Abuse Prevention and Control Act, Section 893.03(3)(a), Fla....
Cited 6 times | Published | Florida 3rd District Court of Appeal | 1991 WL 50224
...subject to certain exceptions not relevant here, and that such offense is punishable as a third-degree felony; a "controlled substance," in turn, is defined as including "cocaine... and any salt, compound, derivative, or preparation of cocaine... ." § 893.03(2)(a)(4), Fla....
Cited 5 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 14233, 2011 WL 3962910
...Violations of section 893.13(7)(a)(8) are commonly referred to as "doctor shopping.'?D See generally Knipp v. State, 35 Fla. L. Weekly D2898, D2899 (Fla. 4th DCA Dec.22, 2010) (referring to section 893.13(7)(a)(8) as the "doctor shopping" statute). [3] § 893.03(2)(a)(1)( o )....
Cited 5 times | Published | Florida 5th District Court of Appeal | 2005 WL 2175443
...ep its proof of the elements of the charged offense. The admission of the report was crucial to the State's case, and its admission at trial against Rivera was error. REVERSED and REMANDED for a new trial. PETERSON and SAWAYA, JJ., concur. NOTES [1] § 893.03(2)(a)4, Fla....
Cited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 89697
...ation of section 893.135(1)(b) which provided that: Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, twenty-eight grams or more of cocaine as described in section 893.03(2)(a)(4) or of any mixture containing cocaine is guilty of a felony of the first degree which felony shall be known as "trafficking in cocaine." ......
Cited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1336
...ot in dispute: Pursuant to a search warrant, an officer seized two bottles of green triangle shaped tablets from appellant's residence; neither the bottle nor the labeling falsely identified the tablets as controlled substances named or described in section 893.03, Florida Statutes; subsequent laboratory analysis established that the tablets were not controlled substances....
Cited 5 times | Published | Florida 4th District Court of Appeal | 1992 WL 43260
...Defendant RICHARD ANDERS was arrested on April 19, 1988. On May 5, 1988, an Information was filed in the Circuit Court of Broward County charging ANDERS with trafficking in cocaine in violation of Florida Statute 893.135(1)(b)(3) and Florida Statute 893.03(2)(a)(4)....
Cited 5 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1950
...On September 12, 1985, the state attorney filed an information below charging one Kevin Patrick Brown not a party to this appeal with trafficking in cocaine, a serious felony in Florida carrying a minimum mandatory sentence of fifteen years imprisonment. § 893.03(2)(a), Fla....
Cited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 419328
...Stat. (1993). The Forfeiture Act defines "contraband article" to include "any controlled substance as defined in chapter 893." § 932.701(2)(a)1, Fla. Stat. (1993). Chapter 893 includes cocaine and its derivatives in its list of controlled substances. § 893.03(2)(a)4, Fla....
Cited 4 times | Published | Florida 1st District Court of Appeal
...1971, 250 So.2d 857, and Young Women's Christian Ass'n of Princeton, N.J. v. Kugler, U.S.D.C.N.J. 1972, 342 F. Supp. 1048." (278 So.2d at page 342: Emphasis the Courts) We emphasize that we do not have here involved controlled substances such as those enumerated in Florida Statute 893.03, nor has there been any allegation or proof of fraud, misrepresentation, coercion or overreaching....
Cited 4 times | Published | Florida 4th District Court of Appeal | 13 Fla. L. Weekly 48, 1987 Fla. App. LEXIS 11692, 1987 WL 3026
...nt or employee during the time he is in attendance at school or a school sponsored function or while on duty. (3) Drugs as defined in this rule, may be displayed for educational purposes by authorized personnel. Marijuana or cannabis, is included in section 893.03(1)(c), Florida Statutes (1985), among the hallucinogenic substances subject to the chapter entitled "Drug Abuse Prevention and Control." We are reminded in this case of the often heard Shakespearean quotation, "That which we call a ros...
Cited 4 times | Published | Florida 3rd District Court of Appeal
...of lysergic acid, while the proof adduced at trial was that the substance purportedly sold by the defendant was in fact lysergic acid diethylamide (LSD). Since the two substances are listed in separate schedules of the controlled substances statute, Section 893.03, Florida Statutes, the defendant argues that there was a fatal difference between the charge and the proof presented at trial which requires reversal....
Cited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 2366408
...2004). We reverse and remand for further proceedings. See Johnson v. State, 433 So.2d 648, 649 (Fla. 2d DCA 1983). The State's information additionally charged Young with one count of possession of not more than 20 grams of cannabis, in violation of section 893.03(1)(c) & 893.13(6)(b), Florida Statutes (2004); and one count of possession of paraphernalia for storage, in violation of section 893.147(1)(a), Florida Statutes....
Cited 3 times | Published | Florida 5th District Court of Appeal | 1994 WL 515729
...to First Step of Volusia County, the trial court shall reference the statutory authority for the imposition of such costs. Sentences VACATED; cause REMANDED. COBB and W. SHARP, JJ., concur. NOTES [1] See § 893.13(1)(a)1, Fla. Stat. (1993). See also § 893.03(2)(a)4, Fla....
Cited 3 times | Published | Florida 4th District Court of Appeal | 1992 WL 7213
...Carney, Asst. Atty. Gen., West Palm Beach, for appellant. Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellee. PER CURIAM. Appellee, Terry Lite pled guilty to possession of cocaine in violation of section 893.03(2)(a)4, Florida Statutes (1990)....
Cited 3 times | Published | Florida 4th District Court of Appeal | 1990 WL 2687
...Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. Ralston appeals from a judgment of conviction for trafficking in cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (1987), a sentence of four years' incarceration and a $50,000.00 fine....
Cited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 61239
...ew trial. BOOTH and POLSTON, JJ., Concur. NOTES [1] Hydrocodone is the active ingredient in the pharmaceutical preparation known as Lortab, which is an analgesic used for pain relief. Hydrocodone is a controlled substance listed under Schedule II in section 893.03(2)(a)1.j., Florida Statutes (1999)....
Cited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 64945
...om the court that such a defense would not be allowed. In so ruling the court accepted the state's assertion that the defense could not be maintained in light of a statutory change pertaining to the medical use of certain controlled substances under section 893.03, Fla. Stat. This statute catalogs various controlled substances within several schedules, and places marijuana (cannabis) within a Schedule I listing at section 893.03(1)(c). Other groups of Schedule I substances are listed at section 893.03(1)(a)(d), and the subsection (1) introduction to this listing states that Schedule I substances have "a high potential for abuse" and "no currently accepted medical use in treatment," and that "use under medical supervision does not...
...dards." Jenks explains that this language merely indicates that these substances are not generally available for medical use, but that it does not preclude such use in instances of medical necessity. Jenks further refers to language which was in the section 893.03(1)(d) listing of another Schedule I substance, and which provided that: Notwithstanding the aforementioned fact that Schedule I substances have no currently accepted medical use, the Legislature recognizes that certain substances *334 are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. This language has since been deleted from section 893.03(1)(d), and the question in the present case is whether this statutory change [1] impacts the medical necessity defense recognized in Jenks....
...Game and Fresh Water Fish Commission, 354 So.2d 362 (Fla. 1977). Inference and implication will not substitute for clear expression, and any statutory derogation of the common law should be explicit. Id. The "limited medical uses" language which was formerly contained in section 893.03(1)(d) did not directly address the medical use of marijuana or the defense of medical necessity, and under established rules regarding the preservation of the common law the chapter 93-92 amendment to section 893.03(1)(d) does not affect the defense of medical necessity....
...Although we conclude that Jenks continues to be controlling authority as to the application of the medical necessity defense in this context, we certify the following issue, which is raised by the present case, as a question of great public importance: WHETHER THE CHAPTER 93-92, LAWS OF FLORIDA, AMENDMENT TO SECTION 893.03(1)(D), FLORIDA STATUTES, EFFECTS A CLEAR AND UNEQUIVOCAL ABROGATION OF THE COMMON LAW DEFENSE OF MEDICAL NECESSITY AS RECOGNIZED IN JENKS, AND AS APPLIED TO A SERIOUSLY ILL INDIVIDUAL WHO CULTIVATES MARIJUANA SOLELY FOR PERSONAL USE TO OBTAIN MEDICAL RELIEF? The appealed order is reversed and the case is remanded....
...MINER and MICKLE, JJ., concur. ALLEN, J., concurs with written opinion. ALLEN, Judge, concurring. I concur in the majority opinion except as to the certified question. I do not join in certification because there appears to be no legitimate basis upon which to treat the section 893.03(1)(d) amendment as clearly and unequivocally addressing the defense of medical necessity. NOTES [1] Chapter 93-92, Laws of Florida, effected this amendment while adding an additional substance to the Schedule I listing in section 893.03(1)(d), and leaving marijuana (cannabis) in the listing at section 893.03(1)(c). Chapter 93-92 also deleted an archaic reference in section 893.03(1) to a statute which had authorized a marijuana prescription program which had been discontinued several years before the decision in Jenks....
Cited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3524033
...jury relating to causation provided: [T]he State must prove the following three elements beyond a reasonable doubt: One, Jairon Nevius is dead. Two, the death resulted from the unlawful distribution of any substance controlled under Florida Statute 893.03(1) by Michael Aumuller, a person 18 years of age or older....
...etion. Affirmed. CASANUEVA and STRINGER, JJ., Concur. NOTES [1] Section 782.04(1)(a)(3), Florida Statutes (2001), provides: The unlawful killing of a human being:. . . . Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1) ....
Cited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3498319
...Who are we to say no? The members of the [] Legislature, and not we, know the situation on the streets. . . . 501 U.S. at 988, 111 S.Ct. 2680. The Florida statutes addressing the subject demonstrate that the legislature considers oxycodone to be a potentially dangerous substance. Section 893.03 contains standards and schedules for controlled substances. Oxycodone, a derivative of opium, is listed as a Schedule II substance. § 893.03(2)(a)(1)( o ). "A substance in Schedule II has a high potential for abuse" and "abuse of the substance may lead to severe psychological or physical dependence." § 893.03(2)(a)....
...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) or (2)(a), 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.'" [2] We commend John M....
Cited 3 times | Published | Florida 2nd District Court of Appeal
...d the name and address of each witness to it pursuant to his timely demand for discovery. We agree and reverse. On July 6, 1978, the state filed an information charging Thompson with possession of cannabis in excess of 100 pounds in violation *92 of Section 893.03(1)(c), Florida Statutes (1977)....
Cited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 89670
...2d DCA 1979). This defect, therefore, was waived. Although the heading of the information does state that the crime is a third-degree felony, the body of the information makes clear that Williams was charged with possession of cocaine and further cites to section 893.03(2)(a)4, which lists cocaine as a schedule two controlled substance....
Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5545, 2010 WL 1656857
...The candlelight was bright enough to allow someone seated on the nearby couch to see all the items on the coffee table except the pills inside the purse. An F.D.L.E. analysis identified the white pills as 23.6 grams of hydrocodone, a controlled substance. § 893.03(2)(a)1.j., Fla....
...was hidden in the leather change purse, we reverse the conviction for Count One and remand for appellant's discharge on that count. Counts Three and Four charged possession of a controlled substance (cocaine) and drug paraphernalia, respectively. §§ 893.03(2)(a)4., 893.13(6)(a), & 893.147(1), Fla....
Cited 2 times | Published | Florida 3rd District Court of Appeal
...gn prosecutions, or sophisticated on-going conspiracies) is not merely imaginary. Section 893.13(1)(b), Florida Statutes (1979), provides, inter alia, that any person who possesses in excess of ten grams of certain controlled substances described in Section 893.03(1)(a) or (b) is guilty of a first-degree felony for *341 which the statute of limitations is four years....
Cited 2 times | Published | Supreme Court of Florida
...ENGLAND, C.J., and BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur. ADKINS, J., dissents with an opinion. *13 ADKINS, Justice, dissenting. This is a direct appeal from a decision of the County Court of Volusia County which held sections 893.03(1)(c)(10) and 893.13(1)(f), Florida Statutes (1975), which prohibit possession of marijuana, constitutional....
...Bourassa, was caught attempting to take clothing from a discount store. A policeman arrested her, and when her purse was searched, cannabis was found in it. Ms. Bourassa was charged with, among other things, possession of under five grams of cannabis, in violation of Section 893.03(1)(c) and Section 893.13(1)(f), Florida Statutes....
...and criminal activity for users, were attributed to life styles rather than marijuana use and often predated marijuana use. The doctors all said marijuana was not comparable in effect or dangerousness to the other substances listed as controlled in Section 893.03(1), Florida Statutes (1975)....
...sified. Florida laws governing the use, regulation, distribution and prohibition of drugs were found in Chapter 893, Florida Statutes (1975). The chapter is titled the Florida Comprehensive Drug Abuse Prevention and Control Act and is quite complex. Section 893.03, Florida Statutes (1975) lists some 131 different substances as controlled....
Cited 2 times | Published | Florida 1st District Court of Appeal
...More specifically, Wright argues that the state failed to prove all of the essential elements of the felony offense he was charged with. Wright was charged by amended information with the "actual or constructive possession of a controlled substance, named or described in Section 893.03(1)(c), Florida Statutes, to-wit: more than five grams of Cannabis, contrary to Section 893.13(1)(e), Florida Statutes." Since the state did not allege nor prove a prior conviction under Section 893.13(1)(f), [1] it is only the weight of the cannabis that determines whether the offense is a felony or a misdemeanor....
Cited 2 times | Published | Florida 1st District Court of Appeal
...BB-343 because that count only charged a misdemeanor. He is correct. § 893.13(1)(a), Florida Statutes (1975), provides that it is unlawful to possess with intent to sell a controlled substance and provides that if the controlled substance is named or described in § 893.03(1)(c) [which includes cannabis], the possessor with intent to sell is guilty of a felony....
Cited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 8184, 2010 WL 2292116
...many distinctly different substancessome banned by law, some not. The alleged crime is possession for sale of a controlled substance [1] in violation of § 893.13(1)(a)1, defining the contraband as a "controlled substance named or described in ... § 893.03[]." The Information alleged he intended to sell the substance named or described in § 893.03(2)(a)4 as "cocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine." See § 893.13(1)(a)1 and § 893.03(2)(a)4....
Cited 2 times | Published | Florida 3rd District Court of Appeal
...Since our ruling on these points is determinative, there is no need to consider the other point raised on appeal, i.e., whether ownership of the contraband in question was properly attributed to appellant. The order appealed is hereby Reversed. NOTES [1] § 322.34 Fla. Stat. (1979). [2] § 893.03(2)(a)(4) Fla. Stat. (1979). [3] Appellant had originally been charged by information on June 26, 1976 with two counts of possession of controlled substances (heroin and cocaine) in violation of § 893.03 Fla. Stat. (1975), was later charged on October 27, 1977, with possession of unlawful sale of a controlled substance (heroin) in violation of § 893.03 Fla....
Cited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21297235
...ther than consensual, and that Taylor voluntarily consented to a search of his person. See Lecorn v. State, 832 So.2d 818 (Fla. 5th DCA 2002); Eldridge v. State, 817 So.2d 884 (Fla. 5th DCA 2002). AFFIRMED. GRIFFIN and PALMER, JJ., concur. NOTES [1] § 893.03(1)(c)(7), Florida Statutes (2002)....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 898070
...brings into the state, or who is 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) or (2)(a), 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." In Hayes v....
...The issue in both cases was how to determine whether prescription tablets containing hydrocodone as well as a noncontrolled substance met the trafficking threshold of section 893.135(1)(c)1. The supreme court pointed out that section 893.135(1)(c)1 applies only to substances listed on Schedules I and II. See §§ 893.03(1)(b) and 893.03(2)(a). Hydrocodone is listed on both Schedules II and III. See §§ 893.03(2)(a) and 893.03(3)(c)(4). Only Schedule III, however, sets forth an amount restriction: "Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit ...." § 893.03(3)(c)4....
...(usually acetaminophen) are to be measured by their aggregate weight in determining whether a trafficking amount is present. This interpretation is supported by the fact that Schedule II contains no per dosage unit language as does Schedule III. See § 893.03(2)(a)....
Cited 2 times | Published | Florida 5th District Court of Appeal
...n of Florida Statute 777.04, agree, conspire, combine and confederate together and with one another, to sell, manufacture, deliver or bring into the State of Florida: (a) in excess of 100 pounds of cannabis, a substance controlled by Florida Statute 893.03(1)(c), which act is prohibited and declared to be a felony by Florida Statute 893.13(1)(a)(2) and in furtherance of said conspiracy to bring into Florida and sell or deliver in excess of 100 pounds of cannabis, said conspirators did certain ac...
Cited 2 times | Published | Supreme Court of Florida | 2002 WL 58552
...For the following reasons, we quash the decision of the Fifth District Court of Appeal. Domina Travis (Travis) was charged under section 893.135(1)(c)1.b., Florida Statutes (1997), with trafficking in fourteen grams or more of oxycodone, a schedule II controlled substance listed in section 893.03(2)(a)1....
...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) or (2)(a), 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." (Emphasis added.) This Court in Hayes v....
...ed which controlled. See Hayes, 720 So.2d at 1097. We, however, conclude that the statute must be read strictly with the focus on the term "such," which restricts the phrase "any mixture," by referring back to the restrictive phrase "as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II]." Thus, a close reading of the statutory language reveals that "such mixture" applies only to mixtures containing Schedule I or II substances....
...ent point of the discussion involved the language from schedule III which leads to the conclusion that hydrocodone cannot be aggregated. We said: Each schedule states that hydrocodone is listed in that schedule "unless listed in another schedule." §§ 893.03(2)(a), .03(3)(c)....
Cited 2 times | Published | Florida 5th District Court of Appeal
...The Appellant was convicted by a jury under an information which charged that: Debbie Lynn Marshall, on the 29th day of March, 1977, in said County and State, did in violation of Florida Statute 893.13(1)(a), unlawfully, deliver CANNABIS, commonly known as Hashish, a substance controlled by Florida Statute 893.03(1)(c)....
...The misdemeanor exception is applicable only to Cannabis sativa, L, commonly known as marijuana, and not to cannabis commonly known as hashish. Section 893.13(1)(a)(2) establishes that the unlawful delivery of any amount of cannabis, commonly known as hashish, is a felony of the third degree because of its *278 inclusion in section 893.03(1)(c), Florida Statutes....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 1988 WL 82677
...Trafficking in cocaine is defined under section 893.135(1)(b) as follows: 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 § 893.03(2)(a)4 or of any mixture containing cocaine is guilty of a felony of the first degree, which felony shall be known as "trafficking in cocaine"....
Cited 1 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1924
...annabis with intent to sell but did not specify an amount of twenty grams or more, thus was only a misdemeanor. We reverse. The trial court relied on Franklin v. State, 346 So.2d 137 (Fla. 1st DCA 1977), which blended together sections 893.13(1)(a), 893.03(1)(c), and 893.13(1)(f) of the Florida Statutes (1975), to determine that one who possesses cannabis with intent to sell less than the threshold amount [in 1977, five grams, now twenty grams] is guilty only of a first degree misdemeanor, not a felony....
...d unjustifiably abridge the statutes *256 and usurp the power of the legislature to define what is or is not a crime. The mere possession of a "controlled substance" is a crime. § 893.13(1)(e), Fla. Stat. (1985). Cannabis is a controlled substance. § 893.03(1)(c)3, Fla....
...One who possesses 20 grams or more is guilty of a third degree felony. § 893.13(1)(e), Fla. Stat. (1985). Possession of "not more than 20 grams" is a first degree misdemeanor. § 893.13(1)(f), Fla. Stat. (1985). On the other hand, possession with intent to sell cannabis is a third degree felony. §§ 893.13(1)(a); 893.03(1)(c)3, and 893.13(1)(a)2 Fla....
Cited 1 times | Published | Supreme Court of Florida
...Muschott, of Brennan & Muschott, Fort Pierce, for James Kansinger Jones. Alan H. Schreiber, Public Defender, and Channing E. Brackey, Asst. Public Defender, Fort Lauderdale, for Robert Daley. OVERTON, Justice. This cause involves consolidated appeals from trial court orders declaring section 893.03(1)(c), Florida Statutes (1978 Supp.), unconstitutional as applied to the classification of cannabis as a prohibited drug....
Cited 1 times | Published | Florida 5th District Court of Appeal | 2002 WL 832202
...not just that of his person. We cannot say the trial court's determination is clearly erroneous. Davis v. State, 594 So.2d 264 (Fla.1992); State v. Smith, 632 So.2d 1086 (Fla. 5th DCA 1994). AFFIRMED. THOMPSON, CJ., and PALMER, J., concur. NOTES [1] § 893.03(2)(a)(4), Fla....
Cited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 1175241
...le possession. Thus, Williams' possession of the contraband immediately before it was discovered by the officer, can reasonably be inferred from the undisputed facts in this case. REVERSED and REMANDED. SAWAYA, C.J., and TORPY, J., concur. NOTES [1] § 893.03(2)(a)4., Fla....
Cited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 558095
...ss was improper and grant the writ. Matthew Farley was charged by information with delivery of cocaine within 1,000 feet of a place of worship in violation of section 893.13(1)(e)(1), Florida Statutes (1998) and possession of cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (1998)....
Cited 1 times | Published | Supreme Court of Florida | 1999 WL 350506
...We accepted jurisdiction to review Sowell v. State, ___ So.2d ___, 23 Fla. L. Weekly D549, 1998 WL 64945 (Fla. 1st DCA Feb. 19, 1998), to answer the following question certified to be of great public importance: WHETHER THE CHAPTER 93-92, LAWS OF FLORIDA, AMENDMENT TO SECTION 893.03(1)(D), FLORIDA STATUTES, EFFECTS A CLEAR AND UNEQUIVOCAL ABROGATION OF THE COMMON LAW DEFENSE OF MEDICAL NECESSITY AS RECOGNIZED IN JENKS, AND AS APPLIED TO A SERIOUSLY ILL INDIVIDUAL WHO CULTIVATES MARIJUANA SOLELY FOR PERSONAL USE TO...
Cited 1 times | Published | Florida 5th District Court of Appeal
...of Ferrell & Ferrell, Miami, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee. DAUKSCH, Chief Judge. On appeal is a conviction of possession of more than one hundred pounds of cannabis, a proscribed drug under section 893.03(1)(c), Florida Statutes (1977)....
...State, 366 So.2d 8 (Fla. 1978), our Supreme Court ruled this statute constitutional when it was attacked by an allegation that it is arbitrary, irrational and against the best scientific evidence to classify it as a proscribed drug. Here the appellant has attacked Section 893.03(1)(c), Florida Statutes, by alleging that statute is so vague as to be unconstitutional....
Cited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1807, 2010 WL 567196
...phetamine) in violation of section 893.13(1)(a), Florida Statutes (2003), and count two, possession of a controlled substance (methamphetamine) in violation of section 893.13(6)(a). Methamphetamine is *41 a controlled substance named or described in section 893.03(2)(c)(4), and delivery of methamphetamine is a second-degree felony under section 893.13(1)(a)(1)....
...Horne's minimum permissible sentence under the Code was 87.525 months' imprisonment. Although our prior opinion might be read to suggest otherwise, the statutory maximum sentence for delivery of methamphetamine is fifteen years' imprisonment. [2] §§ 775.082(3)(c), 893.03(2)(c)(4), 893.13(1)(a)(1), Fla....
Cited 1 times | Published | Supreme Court of Florida | 2014 WL 6977938
...on. See Note §§
893.13(3) and 893.13(6)(b), Fla. Stat., if the charge involves possession or delivery
without consideration of not more than 20 grams of cannabis.
If the State alleges the defendant possessed a controlled substance listed in
§ 893.03(1)(c)46.-50., 114.-142., 151.-159, or 166.-169., in an amount more than 3
grams, there will be both a felony necessary lesser-included offense of simple
possession and a misdemeanor necessary lesser-included offense of simple
possession. See § 893.13(6)(b).
There is no crime of Attempted Delivery because the definition of “delivery”
in § 893.03(6) Fla....
...delivery is charged
If possession is charged 893.13(6)(a)
Comment
There is no crime of Attempted Delivery because the definition of “delivery”
in § 893.03(6) Fla....
...22
If delivery of cannabis is 893.13(3)
charged
Comment
There is no crime of Attempted Delivery because the definition of
“delivery” in § 893.03(6) Fla....
...The
substance was (specific substance alleged).
§ 893.13(6)(b) Fla. Stat.
The jury must make a finding as to weight if the defendant is charged with
possessing more than 20 grams of cannabis or more than 3 grams of a
substance listed in § 893.03(1)(c)46-50, 114-142, 151-159, or 166-169 Fla.
Stat.
4. The [cannabis weighed more than 20 grams] [(insert name of
substance listed in 893.03(1)(c)46-50 , 114-142, 151-159, or 166-169)
weighed more than three grams].
§ 893.13(6)(c) Fla. Stat.
The jury must make a finding as to weight if the defendant is charged with
violating § 893.13(6)(c) Fla. Stat.
4. The [(insert name of substance listed in 893.03(1)(a) or 893.03(1)(b)]
[combination of (insert names of substances listed in 893.03(1)(a) or
893.03(1)(b)] [mixture containing (insert name of substance listed in
893.03(1)(a) or 893.03(1)(b)] weighed more than 10 grams.
Definitions.
Give if applicable....
...ense.
POSSESSION OF A CONTROLLED SUBSTANCE – 893.13(6)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Possession of Less 893.13(6)(b) 25.7
than 20 Grams of
Cannabis or
Possession of Less
than 3 Grams of a
Substance listed in
893.03(1)(c)46-50,
114-142, 151-159,
or 166-169, if the
felony level of these
substances is
charged
Attempt 777.04(1) 5.1
36
Comment
Note § 893.13(6)(b), Fla....
...See § 893.13(6) Fla. Stat.
Delivery of Less than 20 Grams of Cannabis Without Consideration is a first
degree misdemeanor. See § 893.13(3) Fla. Stat.
There is no crime of Attempted Delivery because the definition of “delivery”
in §893.03(6) Fla....
...lesser-included offense of Trafficking in Cocaine via Sale. However, Possession
of Cocaine is a necessarily-lesser included offense if the defendant is charged with
Trafficking via Possession.
There is no crime of Attempted Delivery because the definition of “delivery”
in §893.03(6) Fla....
...via Sale. However, Possession of a Controlled Substance is a necessarily-lesser
included offense if the defendant is charged with Trafficking via Possession.
There is no crime of Attempted Delivery because the definition of “delivery”
in §893.03(6) Fla....
...yclidine via Sale.
However, Possession of Phencyclidine is a necessarily-lesser included offense if
the defendant is charged with Trafficking via Possession.
There is no crime of Attempted Delivery because the definition of “delivery”
in §893.03(6) Fla....
...haqualone via Sale.
However, Possession of Methaqualone is a necessarily-lesser included offense if
the defendant is charged with Trafficking via Possession.
There is no crime of Attempted Delivery because the definition of “delivery”
in §893.03(6) Fla....
Cited 1 times | Published | Florida 1st District Court of Appeal | 1996 WL 160795
...duly determined that the allegations of ineffective assistance of counsel were unfounded. Sentencing for New Offenses The trial court sentenced appellant as a habitual felony offender for possession of a controlled substance (cocaine, as defined in section 893.03, Florida Statutes (1993)) in violation of section 893.13, Florida Statutes (1993), the offense alleged in count II of the information filed in Case No....
Cited 1 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 937
...ptions to one former patient between 26 March 1983 and 2 September 1984. The complaint alleged that during that period Thompson wrote for this person eleven (11) prescriptions of thirty (30) tabs each for Demerol (a Schedule II controlled substance, Section 893.03, Florida Statutes) and 18 prescriptions of 100 tabs each, each refillable 5 times, for Tylenol IV (a Schedule III controlled substance, Section 893.04, Florida Statutes)....
Cited 1 times | Published | Florida 2nd District Court of Appeal | 2000 WL 377468
...1997. [1] She received terms of probation for these offenses at a sentencing hearing on July 15, 1997. The FDLE laboratory eventually determined that the pills were dextropropoxyphene and alprazolam, which are schedule IV controlled substances. See § 893.03(4)(a, o), Fla....
Published | Supreme Court of Florida | 2015 WL 5853925
...government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule [I] [II] of
Florida Statute 893.03 to any person for the purpose of
exploitation of that person.:
a....
...[using coercion for commercial sexual activity who does so
by the transfer or transport of any individual from outside
Florida to within Florida].
(Name of controlled substance) is a Schedule [I] [II] drug within
Florida Statute 893.03.
Give as applicable.
§ 787.06(2)(b), Fla....
...government identification document, of any person;
Causing or threatening to cause financial harm to any person;
Enticing or luring any person by fraud or deceit; or
Providing a controlled substance as outlined in Schedule [I] [II] of
Florida Statute 893.03 to any person for the purpose of:
a....
...[using coercion for commercial sexual activity who does so
by the transfer or transport of any individual from outside
Florida to within Florida].
(Name of controlled substance) is a Schedule [I] [II] drug within
Florida Statute 893.03.
Give as applicable.
§ 787.06(2)(b), Fla....
Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 16275, 2011 WL 4905762
...When FDLE Special Agent Lawson asked whether he had drugs or anything else in his vehicle that could get him in trouble, the appellant answered that he had Dilaudid in his gym bag. Hydromorphone, also known as Dilaudid, is a Schedule II controlled substance. § 893.03(2)(a)1.k., Fla....
Published | Florida 4th District Court of Appeal | 2007 WL 1427453
...vised that it would send back an answer that the jury must rely on its collective memory. Both counsel responded that they did not object. Finally, the jury asked, "Is there a statue (sic) for the DUI we may see, possibly statue (sic), Florida Law F.S. 893.03?" Again, both defense counsel and prosecution agreed on the response....
Published | Florida 4th District Court of Appeal | 1989 WL 27951
...Public Defender, West Palm Beach, for appellee. PER CURIAM. Defendant was charged by information with one count of purchasing cocaine at or near a school in violation of section 893.13(1)(e) & (f), Florida Statutes (1987), and one count of possession of cocaine in violation of section 893.03(2)(a)(4), Florida Statutes (1987)....
Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 57714, 2010 WL 2330279
...ther to commit a violation of Florida law. Thus, the factual underpinning of the affidavit must deal with the manner and means by which Signature's principals knowingly assisted practitioners who were writing prescriptions in violation of FLA. STAT. § 893.03(8)....
...ould not make a difference. . . ."); Dahl, 312 F.3d at 1235 (11th Cir. 2002); Kelly, 21 F.3d at 1554. [31] In Florida, anabolic steroids and human growth hormone are, with some exceptions, classified as Schedule III controlled substances. FLA. STAT. § 893.03....
Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 10561, 2011 WL 3311753
...The actual sales transaction and delivery of such drug shall not be considered dispensing. *329 § 465.003(6), Fla. Stat. (2005) # (emphasis added). Hydrocodone, one of the drugs discovered during the raid of the internet pharmacy, is a Schedule II and III narcotic, and a controlled substance. See § 893.03, Fla....
Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11406, 2015 WL 4557049
...er finding that he
violated his community control by possessing synthetic marijuana. The
defendant argues that “synthetic marijuana,” as that term was used in the
violation affidavit, is not included among the controlled substances
proscribed in section 893.03, Florida Statutes (2013), and therefore
testimony that the substance which the defendant possessed was
“synthetic marijuana” could not establish that he violated his community
control.
We affirm....
...However, there
is no law in this state criminalizing the possession of any and all synthetic
marijuana/synthetic cannabinoids irrespective of the compounds that it
contains.
During the 2011 legislative session, the legislature amended the
pertinent statute, section 893.03, “to add additional synthetic
cannabinoid[s] . . . to Schedule I of Florida’s controlled substance
schedules.” Fla. H.R. Comm. on Judiciary, H.B. 1175 (2012) Staff Analysis
4. Section 893.03(1)(c), Florida Statutes (2013) lists 169 chemical
substances, including cannabis....
...ces
or . . . 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.” Section 893.03(1)(c), Florida Statutes (2013)....
Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10366, 2009 WL 2243812
...The State's information titled the charge as "Solicitation to Purchase Cocaine," but alleged that the defendant "did unlawfully command, encourage, hire or request another person, to-wit: Detective J. Riche to deliver to him a controlled substance, to-wit: Cocaine, contrary to F.S. 893.03(2)(a)(4), F.S....
Published | Florida 4th District Court of Appeal | 1992 WL 115787
...That section provides, in pertinent part: 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, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance ......
...alt of an isomer, of morphine or opium; nor is it manufactured from any such substance. The trial court correctly recognized that trafficking under section 893.135(1)(c)3 *26 (1989) [2] does not encompass all controlled substances listed in sections 893.03(1)(b) or (2)(a), Florida Statutes, but only those specified by its terms....
...The statute must be accorded its plain meaning. Holly v. Auld, 450 So.2d 217 (Fla. 1984); Thayer v. State, 335 So.2d 815 (Fla. 1976); Arthur v. State, 391 So.2d 338 (Fla. 4th DCA 1980). The state would expand the interpretation of the statute to include all substances listed in section 893.03(1)(b) or (2)(a), notwithstanding the explicit wording of the statute....
Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 329, 2009 WL 129607
...We affirm. The charge was first-degree felony murder under 782.04(1)(a)3, Florida Statutes, which provides: (1)(a) The unlawful killing of a human being: * * * *327 3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082. Defendant moved to dismiss arguing that methadone was not a Schedule I drug set out in section 893.03(1)....
...Although it is unnecessary to our conclusion, we would note that the legislature included methadone in the same statute, but rather than include it as a Schedule I substance under which appellee was charged, it included it as a Schedule II substance under section 893.03(2)(b)14....
...er finding that he
violated his community control by possessing synthetic marijuana. The
defendant argues that “synthetic marijuana,” as that term was used in the
violation affidavit, is not included among the controlled substances
proscribed in section 893.03, Florida Statutes (2013), and therefore
testimony that the substance which the defendant possessed was
“synthetic marijuana” could not establish that he violated his community
control.
We affirm....
Published | Supreme Court of Florida | 1980 Fla. LEXIS 4197
to dismiss. The trial court’s finding that section 893.-03(l)(c)3, Florida Statutes (1978 Supp.), is constitutional
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
