F.S. 2020 DRUG ABUSE PREVENTION AND CONTROL Ch. 893 CHAPTER 893 DRUG ABUSE PREVENTION AND CONTROL 893.01 Short title. 893.1495 Retail sale of ephedrine and related com- 893.015 Statutory references. pounds. 893.02 Definitions. 893.15 Rehabilitation. 893.03 Standards and schedules. 893.165 County alcohol and other drug abuse 893.0301 Death resulting from apparent drug over- treatment or education trust funds. dose; reporting requirements. 893.20 Continuing criminal enterprise. 893.031 Industrial exceptions to controlled sub- 893.21 Alcohol-related or drug-related overdoses; stance scheduling. medical assistance; immunity from ar- 893.033 Listed chemicals. rest, charge, prosecution, and penaliza- 893.035 Control of new substances; findings of fact; tion. delegation of authority to Attorney Gen- 893.30 Controlled substance safety education and eral to control substances by rule. awareness. 893.0355 Control of scheduled substances; delega- tion of authority to Attorney General to 893.01 Short title.ÐThis chapter shall be cited and reschedule substance, or delete sub- known as the ªFlorida Comprehensive Drug Abuse stance, by rule. Prevention and Control Act.º 893.0356 Control of new substances; findings of fact; History.Ðs. 1, ch. 73-331. ªcontrolled substance analogº defined. 893.04 Pharmacist and practitioner. 893.015 Statutory references.ÐThe purpose of 893.05 Practitioners and persons administering this chapter is to comprehensively address drug controlled substances in their absence. abuse prevention and control in this state. To this 893.055 Prescription drug monitoring program. end, unless expressly provided otherwise, a reference 893.0551 Public records exemption for the prescrip- in any section of the Florida Statutes to chapter 893 or to tion drug monitoring program. any section or portion of a section of chapter 893 893.06 Distribution of controlled substances; order includes all subsequent amendments to chapter 893 or forms; labeling and packaging require- to the referenced section or portion of a section. ments. History.Ðs. 3, ch. 2017-107; s. 2, ch. 2017-110. 893.065 Counterfeit-resistant prescription blanks for controlled substances listed in Schedule 893.02 Definitions.ÐThe following words and II, Schedule III, Schedule IV, or Schedule phrases as used in this chapter shall have the following V. meanings, unless the context otherwise requires: 893.07 Records. (1) ªAdministerº or ªadministrationº means the direct 893.08 Exceptions. application of a controlled substance, whether by 893.09 Enforcement. injection, inhalation, ingestion, or any other means, to 893.10 Burden of proof; photograph or video the body of a person or animal. recording of evidence. (2) ªCannabinoid receptor agonistº means a chemi- 893.101 Legislative findings and intent. cal compound or substance that, according to scientific 893.105 Testing and destruction of seized sub- or medical research, study, testing, or analysis demon- stances. strates the presence of binding activity at one or more of 893.11 Suspension, revocation, and reinstatement the CB1 or CB2 cell membrane receptors located within of business and professional licenses. the human body. 893.12 Contraband; seizure, forfeiture, sale. 1(3) ªCannabisº means all parts of any plant of the 893.13 Prohibited acts; penalties. genus Cannabis, whether growing or not; the seeds 893.135 Trafficking; mandatory sentences; suspen- thereof; the resin extracted from any part of the plant; sion or reduction of sentences; conspi- and every compound, manufacture, salt, derivative, racy to engage in trafficking. mixture, or preparation of the plant or its seeds or 893.1351 Ownership, lease, rental, or possession for resin. The term does not include ªmarijuana,º as defined trafficking in or manufacturing a con- in s. 381.986, if manufactured, possessed, sold, pur- trolled substance. chased, delivered, distributed, or dispensed, in con- 893.138 Local administrative action to abate certain formance with s. 381.986. The term does not include activities declared public nuisances. hemp as defined in s. 581.217 or industrial hemp as 893.145 ªDrug paraphernaliaº defined. defined in s. 1004.4473. The term does not include a 893.146 Determination of paraphernalia. drug product described in s. 893.03(5)(d). 893.147 Use, possession, manufacture, delivery, (4) ªControlled substanceº means any substance transportation, advertisement, or retail named or described in Schedules I-V of s. 893.03. Laws sale of drug paraphernalia, specified controlling the manufacture, distribution, preparation, machines, and materials. dispensing, or administration of such substances are 893.149 Unlawful possession of listed chemical. drug abuse laws. 1 Ch. 893 DRUG ABUSE PREVENTION AND CONTROL F.S. 2020 (5) ªCultivatingº means the preparation of any soil or (16) ªMixtureº means any physical combination of hydroponic medium for the planting of a controlled two or more substances, including, but not limited to, a substance or the tending and care or harvesting of a blend, an aggregation, a suspension, an emulsion, a controlled substance. solution, or a dosage unit, whether or not such (6) ªDeliverº or ªdeliveryº means the actual, con- combination can be separated into its components by structive, or attempted transfer from one person to physical means, whether mechanical or thermal. another of a controlled substance, whether or not there (17) ªNitrogen-heterocyclic analogº means an analog is an agency relationship. of a controlled substance which has a single carbon (7) ªDispenseº means the transfer of possession of atom in a cyclic structure of a compound replaced by a one or more doses of a medicinal drug by a pharmacist nitrogen atom. or other licensed practitioner to the ultimate consumer (18) ªPatientº means an individual to whom a con- thereof or to one who represents that it is his or her trolled substance is lawfully dispensed or administered intention not to consume or use the same but to transfer pursuant to the provisions of this chapter. the same to the ultimate consumer or user for con- (19) ªPharmacistº means a person who is licensed sumption by the ultimate consumer or user. pursuant to chapter 465 to practice the profession of (8) ªDistributeº means to deliver, other than by pharmacy in this state. administering or dispensing, a controlled substance. (20) ªPositional isomerº means any substance that (9) ªDistributorº means a person who distributes. possesses the same molecular formula and core (10) ªDepartmentº means the Department of Health. structure and that has the same functional group or (11) ªHomologueº means a chemical compound in a substituent as those found in the respective controlled series in which each compound differs by one or more substance, attached at any positions on the core repeating hydrocarbon functional group units at any structure, but in such manner that no new chemical single point within the compound. functionalities are created and no existing chemical (12) ªHospitalº means an institution for the care and functionalities are destroyed relative to the respective treatment of the sick and injured, licensed pursuant to controlled substance. Rearrangements of alkyl moieties the provisions of chapter 395 or owned or operated by within or between functional groups or substituents, or the state or Federal Government. divisions or combinations of alkyl moieties, which do not (13) ªLaboratoryº means a laboratory approved by create new chemical functionalities or destroy existing the Drug Enforcement Administration as proper to be chemical functionalities, are allowed and include result- entrusted with the custody of controlled substances for ing compounds that are positional isomers. As used in scientific, medical, or instructional purposes or to aid law this definition, the term ªcore structureº means the enforcement officers and prosecuting attorneys in the parent molecule that is the common basis for the class that includes, but is not limited to, tryptamine, phe- enforcement of this chapter. nethylamine, or ergoline. Examples of rearrangements (14) ªListed chemicalº means any precursor chemical resulting in creation or destruction of chemical function- or essential chemical named or described in s. 893.033. alities, and therefore resulting in compounds that are not (15)(a) ªManufactureº means the production, pre- positional isomers, include, but are not limited to, ethoxy paration, propagation, compounding, cultivating, grow- to alpha-hydroxyethyl, hydroxy and methyl to methoxy, ing, conversion, or processing of a controlled sub- or the repositioning of a phenolic or alcoholic hydroxy stance, either directly or indirectly, by extraction from group to create a hydroxyamine. Examples of rearran- substances of natural origin, or independently by means gements resulting in compounds that would be posi- of chemical synthesis, or by a combination of extraction tional isomers, include, but are not limited to, tert-butyl and chemical synthesis, and includes any packaging of to sec-butyl, methoxy and ethyl to isopropoxy, N,N- the substance or labeling or relabeling of its container, diethyl to N-methyl-N-propyl, or alpha-methylamino to except that this term does not include the preparation, N-methylamino. compounding, packaging, or labeling of a controlled (21) ªPossessionº includes temporary possession for substance by: the purpose of verification or testing, irrespective of 1. A practitioner or pharmacist as an incident to his dominion or control. or her administering or delivering of a controlled (22)