Senate Bill sb1932c1

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    Florida Senate - 2001                           CS for SB 1932

    By the Committee on Criminal Justice and Senator Laurent





    307-1779-01

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         authorizing the creation of a pilot program in

  4         Orange County to intercept illegal drug

  5         shipments through package delivery services;

  6         amending ss. 823.10, 823.01, F.S.; providing

  7         that a person who willfully maintains a place

  8         where controlled substances are unlawfully

  9         kept, sold, or delivered commits the offense of

10         keeping or maintaining a public nuisance;

11         providing a penalty; amending s. 877.111, F.S.,

12         relating to inhalation, ingestion, sale,

13         purchase, or transfer of certain harmful

14         chemical substances; providing exceptions to

15         applications of offenses relating to unlawful

16         distribution, sale, purchase, transfer, or

17         possession of nitrous oxide; amending s.

18         893.03, F.S., relating to controlled substance

19         standards and schedules; adding

20         4-methoxymethamphetamine, 1, 4-Butanediol,

21         Gamma-butyrolactone (GBL), Gamma-hydroxybutyric

22         acid (GBH), methaqualone, and mecloqualone to

23         Schedule I; deleting 1, 4-Butanediol and

24         Gamma-hydroxybutyric acid from Schedule II;

25         adding drug products containing

26         Gamma-hydroxybutyric acid which are approved

27         under the Federal Food, Drug, and Cosmetic Act

28         to Schedule III; amending s. 893.033, F.S.,

29         relating to listed chemicals; adding

30         chloroephedrine and chloropseudoephedrine to

31         the list of precursor chemicals; amending s.

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  1         893.135, F.S., relating to drug trafficking;

  2         creating offenses for trafficking in

  3         Gamma-butyrolactone (GBL) and lysergic acid

  4         diethylamide (LSD); providing penalties;

  5         amending scheduling references for trafficking

  6         in Gamma-hydroxybutyric acid (GHB) and 1,

  7         4-Butanediol; providing effective dates.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  The Legislature finds that drug traffickers

12  are increasingly employing package-delivery services to

13  illegally transport narcotics into the state. In accordance

14  with this finding, the Legislature authorizes the creation of

15  a 3-year pilot program in Orange County, Florida to target and

16  intercept the illegal shipment of narcotics via

17  package-delivery services. This pilot program shall be created

18  and supervised by the Orange County Sheriff's Office. The

19  Orange County Sheriff's Office shall make a formal report of

20  its findings to the Legislature by May 1, 2004.

21         Section 2.  Subsection (1) of section 823.10, Florida

22  Statutes, is amended to read:

23         823.10  Place where controlled substances are illegally

24  kept, sold, or used declared a public nuisance.--

25         (1)  Any store, shop, warehouse, dwelling house,

26  building, vehicle, ship, boat, vessel, or aircraft, or any

27  place whatever, which is visited by persons for the purpose of

28  unlawfully using any substance controlled under chapter 893 or

29  any drugs as described in chapter 499, or which is used for

30  the illegal keeping, selling, or delivering of the same, shall

31  be deemed a public nuisance.  No person shall keep or maintain

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  1  such public nuisance or aid and abet another in keeping or

  2  maintaining such public nuisance. Any person who willfully

  3  violates this subsection commits the offense of keeping or

  4  maintaining a public nuisance, which is a felony of the third

  5  degree, punishable as provided in s. 775.082, s. 775.083, or

  6  s. 775.084.

  7         Section 3.  Section 823.01, Florida Statutes, is

  8  amended to read:

  9         823.01  Nuisances; penalty.--All nuisances that which

10  tend to annoy the community, or injure the health of the

11  citizens in general, or to corrupt the public morals, are

12  misdemeanors of the second degree, punishable as provided in

13  s. 775.083, except that a violation of s. 823.10 is a felony

14  of the third degree.

15         Section 4.  Subsection (4) of section 877.111, Florida

16  Statutes, is amended to read:

17         877.111  Inhalation, ingestion, possession, sale,

18  purchase, or transfer of harmful chemical substances;

19  penalties.--

20         (4)  Any person who knowingly distributes, sells,

21  purchases, transfers, or possesses more than 16 grams of

22  nitrous oxide for any use other than:

23         (a)  As part of the care or treatment of a disease or

24  injury by a practitioner licensed under chapter 458, chapter

25  459, chapter 464, chapter 466, or chapter 474;

26         (b)  As a food processing propellant;

27         (c)  As a semiconductor oxidizer;

28         (d)  As an analytical chemistry oxidizer in atomic

29  absorption spectrometry;

30         (e)  In the production of chemicals used to inflate

31  airbags;

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  1         (f)  As an oxidizer for chemical production,

  2  combustion, or jet propulsion; or

  3         (g)  When mixed with not less than 100 parts per

  4  million of sulfur dioxide

  5

  6  commits a felony of the third degree which shall be known as

  7  unlawful distribution of nitrous oxide, punishable as provided

  8  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this

  9  subsection, in addition to proving by any other means that

10  nitrous oxide was knowingly possessed, distributed, sold,

11  purchased, or transferred for any purpose not specified in

12  paragraphs (a)-(g), proof that any person discharged, or aided

13  another in discharging, nitrous oxide to inflate a balloon or

14  any other object suitable for subsequent inhalation creates an

15  inference of the person's knowledge that the nitrous oxide's

16  use was for an unlawful a purpose other than those provided in

17  paragraphs (a)-(g). This subsection does not apply to the

18  possession and use of nitrous oxide as part of the care and

19  treatment of a disease or injury by a practitioner licensed

20  under chapter 458, chapter 459, chapter 464, chapter 466, or

21  chapter 474; as a food-processing propellant; as a

22  semiconductor oxidizer; as an analytical chemistry oxidizer in

23  atomic absorption spectrometry; in the production of chemicals

24  used to inflate airbags; as an oxidizer for chemical

25  production, combustion, or jet propulsion; or as a motor

26  vehicle induction additive when mixed with sulphur dioxide.

27         Section 5.  Paragraphs (c) and (d) of subsection (1)

28  and paragraph (b) of subsection (2) of section 893.03, Florida

29  Statutes, are amended and paragraph (g) is added to subsection

30  (3) of that section, to read:

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  1         893.03  Standards and schedules.--The substances

  2  enumerated in this section are controlled by this chapter.

  3  The controlled substances listed or to be listed in Schedules

  4  I, II, III, IV, and V are included by whatever official,

  5  common, usual, chemical, or trade name designated.  The

  6  provisions of this section shall not be construed to include

  7  within any of the schedules contained in this section any

  8  excluded drugs listed within the purview of 21 C.F.R. s.

  9  1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,

10  styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,

11  styled "Exempted Prescription Products"; or 21 C.F.R. s.

12  1308.34, styled "Exempt Anabolic Steroid Products."

13         (1)  SCHEDULE I.--A substance in Schedule I has a high

14  potential for abuse and has no currently accepted medical use

15  in treatment in the United States and in its use under medical

16  supervision does not meet accepted safety standards.  The

17  following substances are controlled in Schedule I:

18         (c)  Unless specifically excepted or unless listed in

19  another schedule, any material, compound, mixture, or

20  preparation which contains any quantity of the following

21  hallucinogenic substances or which contains any of their

22  salts, isomers, and salts of isomers, whenever the existence

23  of such salts, isomers, and salts of isomers is possible

24  within the specific chemical designation:

25         1.  Alpha-ethyltryptamine.

26         2.  2-Amino-4-methyl-5-phenyl-2-oxazoline

27  (4-methylaminorex).

28         3.  2-Amino-5-phenyl-2-oxazoline (Aminorex).

29         4.  4-Bromo-2,5-dimethoxyamphetamine.

30         5.  4-Bromo-2, 5-dimethoxyphenethylamine.

31         6.  Bufotenine.

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  1         7.  Cannabis.

  2         8.  Cathinone.

  3         9.  Diethyltryptamine.

  4         10.  2,5-Dimethoxyamphetamine.

  5         11.  2,5-Dimethoxy-4-ethylamphetamine (DOET).

  6         12.  Dimethyltryptamine.

  7         13.  N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine

  8  analog of phencyclidine).

  9         14.  N-Ethyl-3-piperidyl benzilate.

10         15.  N-ethylamphetamine.

11         16.  Fenethylline.

12         17.  N-Hydroxy-3,4-methylenedioxyamphetamine.

13         18.  Ibogaine.

14         19.  Lysergic acid diethylamide (LSD).

15         20.  Mescaline.

16         21.  Methcathinone.

17         22.  5-Methoxy-3,4-methylenedioxyamphetamine.

18         23.  4-methoxyamphetamine.

19         24.  4-methoxymethamphetamine.

20         25.24.  4-Methyl-2,5-dimethoxyamphetamine.

21         26.25.  3,4-Methylenedioxy-N-ethylamphetamine.

22         27.26.  3,4-Methylenedioxyamphetamine.

23         28.27.  N-Methyl-3-piperidyl benzilate.

24         29.28.  N,N-dimethylamphetamine.

25         30.29.  Parahexyl.

26         31.30.  Peyote.

27         32.31.  N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)

28  (Pyrrolidine analog of phencyclidine).

29         33.32.  Psilocybin.

30         34.33.  Psilocyn.

31         35.34.  Tetrahydrocannabinols.

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  1         36.35.  1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)

  2  (Thiophene analog of phencyclidine).

  3         37.36.  3,4,5-Trimethoxyamphetamine.

  4         (d)  Unless specifically excepted or unless listed in

  5  another schedule, any material, compound, mixture, or

  6  preparation which contains any quantity of the following

  7  substances methaqualone or mecloqualone, including any of its

  8  salts, isomers, optical isomers, salts of their isomers, and

  9  salts of these optical isomers whenever the existence of such

10  isomers and salts is possible within the specific chemical

11  designation:.

12         1.  1,4-Butanediol.

13         2.  Gamma-butyrolactone (GBL).

14         3.  Gamma-hydroxybutyric acid (GHB).

15         4.  Methaqualone.

16         5.  Mecloqualone.

17         (2)  SCHEDULE II.--A substance in Schedule II has a

18  high potential for abuse and has a currently accepted but

19  severely restricted medical use in treatment in the United

20  States, and abuse of the substance may lead to severe

21  psychological or physical dependence. The following substances

22  are controlled in Schedule II:

23         (b)  Unless specifically excepted or unless listed in

24  another schedule, any of the following substances, including

25  their isomers, esters, ethers, salts, and salts of isomers,

26  esters, and ethers, whenever the existence of such isomers,

27  esters, ethers, and salts is possible within the specific

28  chemical designation:

29         1.  Alfentanil.

30         2.  Alphaprodine.

31         3.  Anileridine.

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  1         4.  Bezitramide.

  2         5.  Bulk propoxyphene (nondosage forms).

  3         6.  1,4-Butanediol.

  4         6.7.  Carfentanil.

  5         7.8.  Dihydrocodeine.

  6         8.9.  Diphenoxylate.

  7         9.10.  Fentanyl.

  8         11.  Gamma-hydroxybutyric acid (GHB).

  9         10.12.  Isomethadone.

10         11.13.  Levomethorphan.

11         12.14.  Levorphanol.

12         13.15.  Metazocine.

13         14.16.  Methadone.

14         15.17.  Methadone-Intermediate,4-cyano-2-

15  dimethylamino-4,4-diphenylbutane.

16         16.18.  Moramide-Intermediate,2-methyl-

17  3-morpholoino-1,1-diphenylpropane-carboxylic acid.

18         17.19.  Nabilone.

19         18.20.  Pethidine (meperidine).

20         19.21.  Pethidine-Intermediate-A,4-cyano-1-

21  methyl-4-phenylpiperidine.

22         20.22.  Pethidine-Intermediate-B,ethyl-4-

23  phenylpiperidine-4-carboxylate.

24         21.23.  Pethidine-Intermediate-C,1-methyl-4-

25  phenylpiperidine-4-carboxylic acid.

26         22.24.  Phenazocine.

27         23.25.  Phencyclidine.

28         24.26.  1-Phenylcyclohexylamine.

29         25.27.  Piminodine.

30         26.28.  1-Piperidinocyclohexanecarbonitrile.

31         27.29.  Racemethorphan.

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  1         28.30.  Racemorphan.

  2         29.31.  Sufentanil.

  3         (3)  SCHEDULE III.--A substance in Schedule III has a

  4  potential for abuse less than the substances contained in

  5  Schedules I and II and has a currently accepted medical use in

  6  treatment in the United States, and abuse of the substance may

  7  lead to moderate or low physical dependence or high

  8  psychological dependence or, in the case of anabolic steroids,

  9  may lead to physical damage.  The following substances are

10  controlled in Schedule III:

11         (g)  Any drug product containing gamma-hydroxybutyric

12  acid, including its salts, isomers, and salts of isomers, for

13  which an application is approved under s. 505 of the Federal

14  Food, Drug, and Cosmetic Act.

15         Section 6.  Subsection (1) of section 893.033, Florida

16  Statutes, is amended to read:

17         893.033  Listed chemicals.--The chemicals listed in

18  this section are included by whatever official, common, usual,

19  chemical, or trade name designated.

20         (1)  PRECURSOR CHEMICALS.--The term "listed precursor

21  chemical" means a chemical that may be used in manufacturing a

22  controlled substance in violation of this chapter and is

23  critical to the creation of the controlled substance, and such

24  term includes any salt, optical isomer, or salt of an optical

25  isomer, whenever the existence of such salt, optical isomer,

26  or salt of optical isomer is possible within the specific

27  chemical designation.  The following are "listed precursor

28  chemicals":

29         (a)  Anthranilic acid.

30         (b)  Benzyl chloride.

31         (c)  Benzyl cyanide.

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  1         (d)  Chloroephedrine.

  2         (e)  Chloropseudoephedrine.

  3         (f)(d)  Ephedrine.

  4         (g)(e)  Ergonovine.

  5         (h)(f)  Ergotamine.

  6         (i)(g)  Ethylamine.

  7         (j)(h)  Isosafrole.

  8         (k)(i)  Methylamine.

  9         (l)(j)  3, 4-Methylenedioxyphenyl-2-propanone.

10         (m)(k)  N-acetylanthranilic acid.

11         (n)(l)  N-ethylephedrine.

12         (o)(m)  N-ethylpseudoephedrine.

13         (p)(n)  N-methylephedrine.

14         (q)(o)  N-methylpseudoephedrine.

15         (r)(p)  Norpseudoephedrine.

16         (s)(q)  Phenylacetic acid.

17         (t)(r)  Phenylpropanolamine.

18         (u)(s)  Piperidine.

19         (v)(t)  Piperonal.

20         (w)(u)  Propionic anhydride.

21         (x)(v)  Pseudoephedrine.

22         (y)(w)  Safrole.

23         Section 7.  Paragraph (h) of subsection (1) of section

24  893.135, Florida Statutes, is amended, present paragraphs (i)

25  and (j) of that subsection are redesignated as paragraphs (j)

26  and (k), respectively, and amended, and new paragraphs (i) and

27  (l) are added to that subsection, to read:

28         893.135  Trafficking; mandatory sentences; suspension

29  or reduction of sentences; conspiracy to engage in

30  trafficking.--

31

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  1         (1)  Except as authorized in this chapter or in chapter

  2  499 and notwithstanding the provisions of s. 893.13:

  3         (h)1.  Any person who knowingly sells, purchases,

  4  manufactures, delivers, or brings into this state, or who is

  5  knowingly in actual or constructive possession of, 1 kilogram

  6  or more of gamma-hydroxybutyric acid (GHB), as described in s.

  7  893.03(1)(d) s. 893.03(2)(b), or any mixture containing

  8  gamma-hydroxybutyric acid (GHB), commits a felony of the first

  9  degree, which felony shall be known as "trafficking in

10  gamma-hydroxybutyric acid (GHB)," punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084. If the quantity involved:

12         a.  Is 1 kilogram or more but less than 5 kilograms,

13  such person shall be sentenced to a mandatory minimum term of

14  imprisonment of 3 years, and the defendant shall be ordered to

15  pay a fine of $50,000.

16         b.  Is 5 kilograms or more but less than 10 kilograms,

17  such person shall be sentenced to a mandatory minimum term of

18  imprisonment of 7 years, and the defendant shall be ordered to

19  pay a fine of $100,000.

20         c.  Is 10 kilograms or more, such person shall be

21  sentenced to a mandatory minimum term of imprisonment of 15

22  calendar years and pay a fine of $250,000.

23         2.  Any person who knowingly manufactures or brings

24  into this state 150 kilograms or more of gamma-hydroxybutyric

25  acid (GHB), as described in s. 893.03(1)(d) s. 893.03(2)(b),

26  or any mixture containing gamma-hydroxybutyric acid (GHB), and

27  who knows that the probable result of such manufacture or

28  importation would be the death of any person commits capital

29  manufacture or importation of gamma-hydroxybutyric acid (GHB),

30  a capital felony punishable as provided in ss. 775.082 and

31  921.142. Any person sentenced for a capital felony under this

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  1  paragraph shall also be sentenced to pay the maximum fine

  2  provided under subparagraph 1.

  3         (i)1.  Any person who knowingly sells, purchases,

  4  manufactures, delivers, or brings into this state, or who is

  5  knowingly in actual or constructive possession of, 1 kilogram

  6  or more of gamma-butyrolactone (GBL), as described in s.

  7  893.03(1)(d), or any mixture containing gamma-butyrolactone

  8  (GBL), commits a felony of the first degree, which felony

  9  shall be known as "trafficking in gamma-butyrolactone (GBL),"

10  punishable as provided in s. 775.082, s. 775.083, or s.

11  775.084. If the quantity involved:

12         a.  Is 1 kilogram or more but less than 5 kilograms,

13  such person shall be sentenced to a mandatory minimum term of

14  imprisonment of 3 years, and the defendant shall be ordered to

15  pay a fine of $50,000.

16         b.  Is 5 kilograms or more but less than 10 kilograms,

17  such person shall be sentenced to a mandatory minimum term of

18  imprisonment of 7 years, and the defendant shall be ordered to

19  pay a fine of $100,000.

20         c.  Is 10 kilograms or more, such person shall be

21  sentenced to a mandatory mimimum term of imprisonment of 15

22  calendar years and pay a fine of $250,000.

23         2.  Any person who knowingly manufactures or brings

24  into the state 150 kilograms or more of gamma-butyrolactone

25  (GBL), as described in s. 893.03(1)(d), or any mixture

26  containing gamma-butyrolactone (GBL), and who knows that the

27  probably result of such manufacture or importation would be

28  the death of any person commits capital manufacture or

29  importation of gamma-butyrolactone (GBL), a capital felony

30  punishable as provided in ss. 775.082 and 921.142. Any person

31  sentenced for a capital felony under this paragraph shall also

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  1  be sentenced to pay the maximum fine provided under

  2  subparagraph 1.

  3         (j)(i)1.  Any person who knowingly sells, purchases,

  4  manufactures, delivers, or brings into this state, or who is

  5  knowingly in actual or constructive possession of, 1 kilogram

  6  or more of 1,4-Butanediol as described in s. 893.03(1)(d) s.

  7  893.03(2)(b), or of any mixture containing 1,4-Butanediol,

  8  commits a felony of the first degree, which felony shall be

  9  known as "trafficking in 1,4-Butanediol," punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084. If the

11  quantity involved:

12         a.  Is 1 kilogram or more, but less than 5 kilograms,

13  such person shall be sentenced to a mandatory minimum term of

14  imprisonment of 3 years, and the defendant shall be ordered to

15  pay a fine of $50,000.

16         b.  Is 5 kilograms or more, but less than 10 kilograms,

17  such person shall be sentenced to a mandatory minimum term of

18  imprisonment of 7 years, and the defendant shall be ordered to

19  pay a fine of $100,000.

20         c.  Is 10 kilograms or more, such person shall be

21  sentenced to a mandatory minimum term of imprisonment of 15

22  calendar years and pay a fine of $500,000.

23         2.  Any person who knowingly manufactures or brings

24  into this state 150 kilograms or more of 1,4-Butanediol as

25  described in s. 893.03(1)(d) s. 893.03(2)(b), or any mixture

26  containing 1,4-Butanediol, and who knows that the probable

27  result of such manufacture or importation would be the death

28  of any person commits capital manufacture or importation of

29  1,4-Butanediol, a capital felony punishable as provided in ss.

30  775.082 and 921.142. Any person sentenced for a capital felony

31

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  1  under this paragraph shall also be sentenced to pay the

  2  maximum fine provided under subparagraph 1.

  3         (k)(j)1.  Any person who knowingly sells, purchases,

  4  manufactures, delivers, or brings into this state, or who is

  5  knowingly in actual or constructive possession of, 10 grams or

  6  more of any of the following substances described in s.

  7  893.03(1)(a) or (c):

  8         a.  3,4-Methylenedioxymethamphetamine (MDMA);

  9         b.  4-Bromo-2,5-dimethoxyamphetamine;

10         c.  4-Bromo-2,5-dimethoxyphenethylamine;

11         d.  2,5-Dimethoxyamphetamine;

12         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

13         f.  N-ethylamphetamine;

14         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

15         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

16         i.  4-methoxyamphetamine;

17         j.  4-methoxymethamphetamine;

18         k.j.  4-Methyl-2,5-dimethoxyamphetamine;

19         l.k.  3,4-Methylenedioxy-N-ethylamphetamine;

20         m.l.  3,4-Methylenedioxyamphetamine;

21         n.m.  N,N-dimethylamphetamine; or

22         o.n.  3,4,5-Trimethoxyamphetamine,

23

24  individually or in any combination of or any mixture

25  containing any substance listed in sub-subparagraphs a.-o.

26  a.-n., commits a felony of the first degree, which felony

27  shall be known as "trafficking in Phenethylamines," punishable

28  as provided in s. 775.082, s. 775.083, or s. 775.084.

29         2.  If the quantity involved:

30         a.  Is 10 grams or more but less than 200 grams, such

31  person shall be sentenced to a mandatory minimum term of

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  1  imprisonment of 3 years, and the defendant shall be ordered to

  2  pay a fine of $50,000.

  3         b.  Is 200 grams or more, but less than 400 grams, such

  4  person shall be sentenced to a mandatory minimum term of

  5  imprisonment of 7 years, and the defendant shall be ordered to

  6  pay a fine of $100,000.

  7         c.  Is 400 grams or more, such person shall be

  8  sentenced to a mandatory minimum term of imprisonment of 15

  9  calendar years and pay a fine of $250,000.

10         3.  Any person who knowingly manufactures or brings

11  into this state 30 kilograms or more of any of the following

12  substances described in s. 893.03(1)(a) or (c):

13         a.  3,4-Methylenedioxymethamphetamine (MDMA);

14         b.  4-Bromo-2,5-dimethoxyamphetamine;

15         c.  4-Bromo-2,5-dimethoxyphenethylamine;

16         d.  2,5-Dimethoxyamphetamine;

17         e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);

18         f.  N-ethylamphetamine;

19         g.  N-Hydroxy-3,4-methylenedioxyamphetamine;

20         h.  5-Methoxy-3,4-methylenedioxyamphetamine;

21         i.  4-methoxyamphetamine;

22         j.  4-methoxymethamphetamine;

23         k.j.  4-Methyl-2,5-dimethoxyamphetamine;

24         l.k.  3,4-Methylenedioxy-N-ethylamphetamine;

25         m.l.  3,4-Methylenedioxyamphetamine;

26         n.m.  N,N-dimethylamphetamine; or

27         o.n.  3,4,5-Trimethoxyamphetamine,

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29  individually or in any combination of or any mixture

30  containing any substance listed in sub-subparagraphs a.-o.

31  a.-n., and who knows that the probable result of such

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    Florida Senate - 2001                           CS for SB 1932
    307-1779-01




  1  manufacture or importation would be the death of any person

  2  commits capital manufacture or importation of Phenethylamines,

  3  a capital felony punishable as provided in ss. 775.082 and

  4  921.142. Any person sentenced for a capital felony under this

  5  paragraph shall also be sentenced to pay the maximum fine

  6  provided under subparagraph 1.

  7         (l)1.  Any person who knowingly sells, purchases,

  8  manufactures, delivers, or brings into this state, or who is

  9  knowingly in actual or constructive possession of, 1 gram or

10  more of lysergic acid diethylamide (LSD) as described in s.

11  893.03(1)(c), or of any mixture containing lysergic acid

12  diethylamide (LSD), commits a felony of the first degree,

13  which felony shall be known as "trafficking in lysergic acid

14  diethylamide (LSD)," punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084. If the quantity involved:

16         a.  Is 1 gram or more, but less than 5 grams, such

17  person shall be sentenced to a mandatory minimum term of

18  imprisonment of 3 years, and the defendant shall be ordered to

19  pay a fine of $50,000.

20         b.  Is 5 grams or more, but less than 7 grams, such

21  person shall be sentenced to a mandatory minimum term of

22  imprisonment of 7 years, and the defendant shall be ordered to

23  pay a fine of $100,000.

24         c.  Is 7 grams or more, such person shall be sentenced

25  to a mandatory minimum term of imprisonment of 15 calendar

26  years and pay a fine of $500,000.

27         2.  Any person who knowingly manufactures or brings

28  into this state 7 grams or more of lysergic acid diethylamide

29  (LSD) as described in s. 893.03(1)(c), or any mixture

30  containing lysergic acid diethylamide (LSD), and who knows

31  that the probable result of such manufacture or importation

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    Florida Senate - 2001                           CS for SB 1932
    307-1779-01




  1  would be the death of any person commits capital manufacture

  2  or importation of lysergic acid diethylamide (LSD), a capital

  3  felony punishable as provided in ss. 775.082 and 921.142. Any

  4  person sentenced for a capital felony under this paragraph

  5  shall also be sentenced to pay the maximum fine provided under

  6  subparagraph 1.

  7         Section 8.  This act shall take effect July 1, 2001,

  8  except that this section and section 1 of this act shall take

  9  effect upon becoming a law.

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    Florida Senate - 2001                           CS for SB 1932
    307-1779-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1932

  3

  4  -     Provides that a person commits a third degree felony by
          willfully keeping or maintaining or willfully aiding or
  5        abetting another to keep or maintain a public nuisance
          consisting of a store, warehouse, dwelling, building,
  6        vehicle, ship, boat, vessel, or any other place, which
          is visited for the purpose of obtaining illegal drugs or
  7        which is used to keep, sell, or deliver illegal drugs.

  8  -     Clarifies current exceptions to unlawful possession and
          use of nitrous oxide, such as in the treatment of a
  9        disease or injury by a licensed practitioner.

10  -     Adds to Schedule I of the controlled substance schedules
          several sedative-type or depressant drugs: 1,4
11        butanediol, gamma-butyrolactone (GBL), and
          gamma-hydroxybutyric acid (GHB); groups methaqualone
12        (Quaaludes) and mecloqualone, which are currently listed
          in Schedule II, with the other drugs; deletes current
13        Schedule II references for 1,4 butanediol and GHB, and
          adds to Schedule III any drug product containing GHB for
14        which an application is approved under s. 505 of the
          Federal Food, Drug, and Cosmetic Act.
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    -     Adds to Schedule I the drug 4-methoxymethamphetamine, a
16        phenethylamine, and deletes its current Schedule II
          reference.
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    -     Lists as precursors chemicals two chemicals used in the
18        synthesis of methamphetamines: chloroephedrine and
          chloropseudoephedrine.
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    -     Creates offenses for trafficking in GBL and LSD.
20        Provides the following applicable GBL and LSD
          trafficking penalties: 1st degree felony with 3, 7, or
21        15-year mandatory term (depending on the amount
          trafficked), or a capital felony, if 150 kilos or more
22        of GBL or 7 grams or more of LSD are manufactured or
          imported and such manufacture or importation results in
23        the death of a person.

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