Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 764 Ì358368TÎ358368 LEGISLATIVE ACTION Senate . House Comm: WD . 03/10/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Clemens) recommended the following: 1 Senate Substitute for Amendment (109668) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Paragraph (d) is added to subsection (5) of 7 section 893.03, Florida Statutes, to read: 8 893.03 Standards and schedules.—The substances enumerated 9 in this section are controlled by this chapter. The controlled 10 substances listed or to be listed in Schedules I, II, III, IV, 11 and V are included by whatever official, common, usual, 12 chemical, or trade name designated. The provisions of this 13 section shall not be construed to include within any of the 14 schedules contained in this section any excluded drugs listed 15 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded 16 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical 17 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted 18 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt 19 Anabolic Steroid Products.” 20 (5) SCHEDULE V.—A substance, compound, mixture, or 21 preparation of a substance in Schedule V has a low potential for 22 abuse relative to the substances in Schedule IV and has a 23 currently accepted medical use in treatment in the United 24 States, and abuse of such compound, mixture, or preparation may 25 lead to limited physical or psychological dependence relative to 26 the substances in Schedule IV. 27 (d) Mitragynine or 7-hydroxymitragynine, except for any 28 drug product approved by the United States Food and Drug 29 Administration which contains mitragynine or 7 30 hydroxymitragynine, including any of their isomers, esters, 31 ethers, salts, and salts of isomers, esters, and ethers, if the 32 existence of such isomers, esters, ethers, and salts is possible 33 within the specific chemical designation. 34 Section 2. Subsection (11) is added to section 893.13, 35 Florida Statutes, to read: 36 893.13 Prohibited acts; penalties.— 37 (11)(a) Notwithstanding any other provision of this 38 section, only a person younger than 21 years of age who 39 possesses, sells, manufactures, or delivers, or who possesses 40 with intent to sell, manufacture, or deliver, mitragynine or 7 41 hydroxymitragynine, which is specified as a Schedule V 42 controlled substance in s. 893.03(5)(d), commits a violation of 43 this section. 44 (b) A person who sells or attempts to sell mitragynine or 45 7-hydroxymitragynine to a person under 21 years of age commits a 46 misdemeanor of the first degree, punishable as provided in s. 47 775.082 or s. 775.083. 48 Section 3. This act shall take effect October 1, 2015 49 50 ================= T I T L E A M E N D M E N T ================ 51 And the title is amended as follows: 52 Delete everything before the enacting clause 53 and insert: 54 A bill to be entitled 55 An act relating to controlled substances; amending s. 56 893.03, F.S.; including a specified substance as a 57 Schedule V controlled substance; amending s. 893.13, 58 F.S.; prohibiting a person younger than 21 years of 59 age from possessing a specified Schedule V controlled 60 substance; providing a penalty for a person who sells 61 or attempts to sell a specified substance to a person 62 younger than 21 years of age; providing an effective 63 date.