Florida Senate - 2021                                    SB 1476
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01009A-21                                           20211476__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         893.03, F.S.; removing from Schedule V certain drug
    4         products in finished dosage formulation which have
    5         been approved by the United States Food and Drug
    6         Administration; amending s. 893.02, F.S.; conforming a
    7         provision to changes made by the act; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (5) of section
   13  893.03, Florida Statutes, is amended to read:
   14         893.03 Standards and schedules.—The substances enumerated
   15  in this section are controlled by this chapter. The controlled
   16  substances listed or to be listed in Schedules I, II, III, IV,
   17  and V are included by whatever official, common, usual,
   18  chemical, trade name, or class designated. The provisions of
   19  this section shall not be construed to include within any of the
   20  schedules contained in this section any excluded drugs listed
   21  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   22  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   23  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   24  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   25  Anabolic Steroid Products.”
   26         (5) SCHEDULE V.—A substance, compound, mixture, or
   27  preparation of a substance in Schedule V has a low potential for
   28  abuse relative to the substances in Schedule IV and has a
   29  currently accepted medical use in treatment in the United
   30  States, and abuse of such compound, mixture, or preparation may
   31  lead to limited physical or psychological dependence relative to
   32  the substances in Schedule IV.
   33         (d) A drug product in finished dosage formulation that has
   34  been approved by the United States Food and Drug Administration
   35  that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)
   36  2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from
   37  cannabis and no more than 0.1 percent (w/w) residual
   38  tetrahydrocannabinols.
   39         Section 2. Subsection (3) of section 893.02, Florida
   40  Statutes, is amended to read:
   41         893.02 Definitions.—The following words and phrases as used
   42  in this chapter shall have the following meanings, unless the
   43  context otherwise requires:
   44         (3) “Cannabis” means all parts of any plant of the genus
   45  Cannabis, whether growing or not; the seeds thereof; the resin
   46  extracted from any part of the plant; and every compound,
   47  manufacture, salt, derivative, mixture, or preparation of the
   48  plant or its seeds or resin. The term does not include
   49  “marijuana,” as defined in s. 381.986, if manufactured,
   50  possessed, sold, purchased, delivered, distributed, or
   51  dispensed, in conformance with s. 381.986. The term does not
   52  include hemp as defined in s. 581.217 or industrial hemp as
   53  defined in s. 1004.4473. The term does not include a drug
   54  product described in s. 893.03(5)(d).
   55         Section 3. This act shall take effect upon becoming a law.