Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 204
Barcode 965468
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/14/2011 .
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The Committee on Health Regulation (Fasano) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 116 and 117
4 insert:
5 Section 3. Subsection (6) of section 893.13, Florida
6 Statutes, is amended to read:
7 893.13 Prohibited acts; penalties.—
8 (6)(a) It is unlawful for any person to be in actual or
9 constructive possession of a controlled substance unless such
10 controlled substance was lawfully obtained from a practitioner
11 or pursuant to a valid prescription or order of a practitioner
12 while acting in the course of his or her professional practice
13 or to be in actual or constructive possession of a controlled
14 substance except as otherwise authorized by this chapter. Any
15 person who violates this provision commits a felony of the third
16 degree, punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084.
18 (b) If the offense is the possession of not more than 20
19 grams of cannabis, as defined in this chapter, or 3 grams or
20 less of a controlled substance described in s. 893.03(1)(c)40.
21 44., the person commits a misdemeanor of the first degree,
22 punishable as provided in s. 775.082 or s. 775.083. For the
23 purposes of this subsection, “cannabis” does not include the
24 resin extracted from the plants of the genus Cannabis, or any
25 compound manufacture, salt, derivative, mixture, or preparation
26 of such resin and a controlled substance described in s.
27 893.03(1)(c)40.-44. does not include the substance in a powdered
28 form.
29 (c) Except as provided in this chapter, it is unlawful to
30 possess in excess of 10 grams of any substance named or
31 described in s. 893.03(1)(a) or (1)(b), or any combination
32 thereof, or any mixture containing any such substance. Any
33 person who violates this paragraph commits a felony of the first
34 degree, punishable as provided in s. 775.082, s. 775.083, or s.
35 775.084.
36 (d) Notwithstanding any provision to the contrary of the
37 laws of this state relating to arrest, a law enforcement officer
38 may arrest without warrant any person who the officer has
39 probable cause to believe is violating the provisions of this
40 chapter relating to possession of cannabis.
41
42 ================= T I T L E A M E N D M E N T ================
43 And the title is amended as follows:
44 Delete line 7
45 and insert:
46 list of controlled substances in Schedule I; amending
47 s. 893.13, F.S.; providing that it is a misdemeanor of
48 the first degree to be in possession of not more than
49 a specified amount of certain hallucinogenic
50 substances; providing an exception for the powdered
51 form of such substances;