Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 764
       
       
       
       
       
       
                                Ì358368TÎ358368                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/10/2015           .                                
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       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.