Florida Senate - 2023 SB 1576
By Senator Torres
25-01554-23 20231576__
1 A bill to be entitled
2 An act relating to legalization of recreational
3 marijuana; amending s. 20.14, F.S.; establishing the
4 Division of Cannabis Management under the Department
5 of Agriculture and Consumer Services; creating ch.
6 566, F.S., entitled “Recreational Marijuana”; creating
7 s. 566.031, F.S.; defining terms; creating s. 566.032,
8 F.S.; providing an exemption from criminal and
9 noncriminal penalties, seizure, and forfeiture;
10 creating s. 566.033, F.S.; authorizing persons 21
11 years of age and over to engage in certain actions
12 relating to marijuana; providing limits on where
13 persons may engage in specified activities; providing
14 a civil penalty; creating s. 566.0331, F.S.;
15 prohibiting the use of false identification by persons
16 under 21 years of age for specified activities
17 relating to recreational use of marijuana; providing
18 civil penalties; providing for alternative sentencing;
19 creating s. 566.034, F.S.; authorizing marijuana
20 establishments to engage in certain actions relating
21 to marijuana, marijuana products, and marijuana
22 accessories; providing construction; creating s.
23 566.035, F.S.; specifying duties of the Division
24 Cannabis Management; providing for enforcement of
25 regulatory provisions; authorizing agreements with
26 other entities for certain enforcement activities;
27 providing authorizations for marijuana establishments
28 with a suspended or revoked license; requiring an
29 annual report; creating s. 566.036, F.S.; providing
30 for licensing of marijuana establishments; providing
31 for a licensing process; creating s. 566.037, F.S.;
32 authorizing localities to enact ordinances relating to
33 prohibitions and authorizations for marijuana
34 establishments; providing limits on the number of
35 retail marijuana stores in localities based on
36 population; providing standards for prospective
37 licensees; providing requirements for marijuana
38 establishments; providing restrictions on the location
39 of marijuana establishments; prohibiting certain
40 activities by marijuana establishments; providing for
41 license renewals; authorizing localities to specify an
42 entity within the locality to be responsible for
43 processing applications for a license to operate a
44 marijuana establishment; providing for submission of
45 applications to localities if the division has not
46 issued establishment licenses by a specified date;
47 creating s. 566.038, F.S.; providing a directive to
48 the Attorney General concerning federal subpoenas;
49 creating 566.039, F.S.; providing an exemption from
50 specified provisions for scientific or medical
51 researchers; creating 566.041, F.S.; providing
52 construction and applicability; creating s. 566.042,
53 F.S.; requiring the division to adopt rules; creating
54 s. 566.043, F.S.; specifying that conduct allowed by
55 the chapter may not be considered the basis for the
56 finding of a lack of good moral character as that term
57 is used in law; creating s. 566.044, F.S.; providing
58 criminal penalties; creating s. 570.551, F.S.;
59 providing additional duties of the Division of
60 Cannabis Management; providing requirements and duties
61 for the director of the division; creating s. 570.552,
62 F.S.; providing for emergency rulemaking by the
63 division; requiring the division to undertake
64 rulemaking by a specified date; providing requirements
65 for such rules; defining the term “unreasonably
66 impracticable”; amending s. 500.03, F.S.; providing
67 that marijuana establishments that sell food
68 containing marijuana are considered food service
69 establishments for the purposes of specified
70 regulations; creating s. 500.105, F.S.; specifying
71 that food products containing marijuana that are
72 prepared in permitted food establishments and sold by
73 certain marijuana establishments are not considered
74 adulterated; amending s. 562.13, F.S.; prohibiting
75 marijuana establishments from employing persons under
76 18 years of age; amending s. 569.0073, F.S.; exempting
77 licensed marijuana establishments from specified
78 provisions regulating the sale of pipes and smoking
79 devices; amending s. 893.03, F.S.; removing cannabis
80 from the schedule of controlled substances; amending
81 ss. 893.13 and 893.135, F.S.; providing that conduct
82 authorized under chapter 566, F.S., is not prohibited
83 by specified controlled substance prohibitions;
84 removing restrictions on possession and sale of
85 cannabis; creating s. 893.13501, F.S.; providing for
86 retroactive effect of amendments to ss. 893.03,
87 89.013, and 893.135, F.S., by this act; providing for
88 sentence review for certain offenders; requiring
89 notice to certain offenders; providing procedures for
90 resentencing or release of offenders; providing
91 exceptions; amending s. 921.0022, F.S.; conforming
92 provisions to changes made by the act; providing
93 effective dates.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Paragraph (m) is added to subsection (2) of
98 section 20.14, Florida Statutes, to read:
99 20.14 Department of Agriculture and Consumer Services.
100 There is created a Department of Agriculture and Consumer
101 Services.
102 (2) The following divisions of the Department of
103 Agriculture and Consumer Services are established:
104 (m) Cannabis Management.
105 Section 2. Chapter 566, Florida Statutes, consisting of ss.
106 566.031-566.044, Florida Statutes, is created and entitled
107 “Recreational Marijuana.”
108 Section 3. Section 566.031, Florida Statutes, is created to
109 read:
110 566.031 Definitions.—As used in this part, the term:
111 (1) “Consumer” means a person 21 years of age or older who
112 purchases marijuana or marijuana products for personal use, but
113 not for resale to others.
114 (2) “Department” means the Department Agriculture and
115 Consumer Services.
116 (3) “Division” means the Division of Cannabis Management.
117 (4) “Licensee” means any individual, partnership,
118 corporation, firm, association, or other legal entity holding a
119 marijuana establishment license within the state.
120 (5) “Locality” means a municipality or, in reference to a
121 location in the unorganized territory, the county in which that
122 locality is located.
123 (6) “Marijuana” means all parts of the plant of the genus
124 cannabis, whether growing or not, the seeds thereof, the resin
125 extracted from any part of the plant, and every compound,
126 manufacture, salt, derivative, mixture, or preparation of the
127 plant, its seeds, or its resin, including marijuana concentrate.
128 The term does not include industrial hemp; fiber produced from
129 the stalks, oil, or cake made from the seeds of the plant;
130 sterilized seeds of the plant that are incapable of germination;
131 or the weight of any ingredient combined with marijuana to
132 prepare topical or oral administrations, food, drink, or any
133 other product.
134 (7) “Marijuana accessories” means equipment, products, or
135 materials of any kind that are used, intended, or designed for
136 use in planting, propagating, cultivating, growing, harvesting,
137 composting, manufacturing, compounding, converting, producing,
138 processing, preparing, testing, analyzing, packaging,
139 repackaging, storing, vaporizing, or containing marijuana or for
140 ingesting, inhaling, or otherwise introducing marijuana into the
141 human body.
142 (8) “Marijuana consumption site” means an entity licensed
143 to purchase marijuana from a marijuana cultivation facility and
144 marijuana products from a marijuana product manufacturing
145 facility and to sell marijuana and marijuana products to
146 consumers for consumption on the premises.
147 (9) “Marijuana cultivation facility” means an entity
148 licensed to cultivate, prepare, package, and sell marijuana to
149 marijuana consumption sites, to retail marijuana stores, to
150 marijuana product manufacturing facilities, and to other
151 marijuana cultivation facilities, but not to consumers.
152 (10) “Marijuana establishment” means a marijuana
153 consumption site, marijuana cultivation facility, marijuana
154 testing facility, marijuana product manufacturing facility, or
155 retail marijuana store.
156 (11) “Marijuana product manufacturing facility” means an
157 entity licensed to:
158 (a) Purchase marijuana;
159 (b) Manufacture, prepare, and package marijuana products;
160 or
161 (c) Sell marijuana and marijuana products to other
162 marijuana product manufacturing facilities and to marijuana
163 consumption sites and retail marijuana stores, but not to
164 consumers.
165 (12) “Marijuana products” means concentrated marijuana and
166 products that consist of marijuana and other ingredients and are
167 intended for use or consumption, including, but not limited to,
168 edible products, ointments, and tinctures.
169 (13) “Marijuana testing facility” means an entity licensed
170 to analyze and certify the safety and potency of marijuana.
171 (14) “Minor” means a person under 21 years of age.
172 (15) “Retail marijuana store” means an entity licensed to
173 purchase marijuana from a marijuana cultivation facility and
174 marijuana products from a marijuana product manufacturing
175 facility and to sell marijuana and marijuana products to
176 consumers for consumption off the premises.
177 (16) “Seedling” means a marijuana plant that has no
178 flowers, is less than 12 inches in height, and is less than 12
179 inches in diameter.
180 Section 4. Section 566.032, Florida Statutes, is created to
181 read:
182 566.032 Exemption from criminal and noncriminal penalties,
183 seizure, or forfeiture.—Notwithstanding chapter 893 or any other
184 provision of law, and except as provided in this part, the
185 actions specified in this part are legal under the laws of this
186 state and do not constitute a civil or criminal offense under
187 the laws of this state or the law of any political subdivision
188 within this state or serve as a basis for seizure or forfeiture
189 of assets under state law.
190 Section 5. Section 566.033, Florida Statutes, is created to
191 read:
192 566.033 Personal use of marijuana.—
193 (1) A person who is 21 years of age or older may:
194 (a) Use, possess, or transport marijuana accessories and up
195 to 2.5 ounces of marijuana.
196 (b) Transfer or furnish, without remuneration, up to 2.5
197 ounces of marijuana and up to 6 seedlings to a person who is 21
198 years of age or older.
199 (c) Possess, grow, cultivate, process, or transport up to 6
200 marijuana plants, including seedlings, and possess the marijuana
201 produced by the marijuana plants on the premises where the
202 plants were grown.
203 (d) Purchase up to 2.5 ounces of marijuana, up to 6
204 seedlings, and marijuana accessories from a retail marijuana
205 store.
206 (2) The following apply to the cultivation of marijuana for
207 personal use by a person who is 21 years of age or older:
208 (a) A person may cultivate up to six marijuana plants,
209 including seedlings, at that person’s place of residence, on
210 property owned by that person, or on another person’s property
211 with permission of the owner of the other property.
212 (b) A person who elects to cultivate marijuana shall take
213 reasonable precautions to ensure the plants are secure from
214 unauthorized access or access by a person under 21 years of age.
215 Reasonable precautions include, but are not limited to,
216 cultivating marijuana in a fully enclosed secure outdoor area,
217 locked closet, or locked room inaccessible to persons under 21
218 years of age.
219 (3) A person may smoke or ingest marijuana in a nonpublic
220 place, including, but not limited to, a private residence.
221 (a) This subsection does not permit a person to consume
222 marijuana in a manner that endangers others.
223 (b) Except as otherwise provided in this chapter, the
224 prohibitions and limitations on smoking tobacco products in
225 specified areas in part II of chapter 386 apply to marijuana.
226 (c) Except as otherwise provided in this chapter, a person
227 who smokes marijuana in a public place other than as governed by
228 part II of chapter 386 commits a noncriminal violation subject
229 to a civil penalty of $100.
230 Section 6. Section 566.0331, Florida Statutes, is created
231 to read:
232 566.0331 False identification.—
233 (1) A minor may not present or offer to a marijuana
234 establishment or the marijuana establishment’s agent or employee
235 any written or oral evidence of age that is false, fraudulent,
236 or not actually the minor’s own for the purpose of:
237 (a) Ordering, purchasing, attempting to purchase, or
238 otherwise procuring or attempting to procure marijuana; or
239 (b) Gaining access to marijuana.
240 (2)(a) A minor who violates subsection (1) commits:
241 1. For a first offense, a noncriminal violation subject to
242 a civil penalty of at least $200 and not more than $400.
243 2. For a second offense, a noncriminal violation subject to
244 a civil penalty of at least $300 and not more than $600, which
245 may only be suspended as provided in paragraph (b).
246 3. For a third or subsequent offense, a noncriminal
247 violation subject to a civil penalty of $600, which may only be
248 suspended as provided in paragraph (b).
249
250 When a minor is adjudged to have committed a first offense under
251 subsection (1), the judge shall inform such minor that the
252 noncriminal penalties for the second and subsequent offenses are
253 mandatory and may be suspended only as provided in paragraph
254 (b). Failure to inform the minor that subsequent noncriminal
255 penalties are mandatory is not a ground for suspension of any
256 subsequent civil penalty.
257 (b) A judge, as an alternative to or in addition to the
258 noncriminal penalties specified in paragraph (a), may assign the
259 minor to perform specified work for the benefit of the state,
260 the municipality, or other public entity or for a charitable
261 institution for no more than 40 hours for each violation.
262 Section 7. Section 566.034, Florida Statutes, is created to
263 read:
264 566.034 Marijuana establishments.—
265 (1) A marijuana establishment may engage in the
266 manufacture, possession, or purchase of marijuana, marijuana
267 products, and marijuana accessories and sell marijuana,
268 marijuana products, or marijuana accessories to a consumer as
269 described in this subsection.
270 (a) A marijuana consumption site or retail marijuana store
271 may:
272 1. Possess, display, or transport marijuana, marijuana
273 products, or marijuana accessories.
274 2. Purchase marijuana from a marijuana cultivation
275 facility.
276 3. Purchase marijuana or marijuana products from a
277 marijuana product manufacturing facility.
278 4. Sell marijuana, marijuana products, or marijuana
279 accessories to consumers.
280 (b) A marijuana consumption site may:
281 1. Notwithstanding any other law, allow smoking of
282 marijuana products, but not vaping as defined in s. 386.203.
283 2. Allow ingestion of marijuana products.
284 3. Sell prepared food containing marijuana or marijuana
285 products for consumption on the premises.
286 a. A marijuana consumption site that sells prepared food
287 must comply with all public food service establishment
288 requirements under Part I of Chapter 509.
289 b. Prepared food is not required to be served in a sealed
290 container.
291 c. Prepared food may be taken off premises if it is in a
292 container clearly marked as containing THC.
293 4. Be located in the same facility as a licensed retail
294 marijuana store, if the licensee for the marijuana consumption
295 site and retail marijuana store is the same.
296 (c) A marijuana cultivation facility may:
297 1. Cultivate, harvest, process, package, transport,
298 display, or possess marijuana.
299 2. Deliver or transfer marijuana to a marijuana testing
300 facility.
301 3. Sell marijuana to another marijuana cultivation
302 facility, a marijuana product manufacturing facility, or a
303 retail marijuana store.
304 4. Purchase marijuana from another marijuana cultivation
305 facility.
306 (d) A marijuana product manufacturing facility may:
307 1. Package, process, transport, manufacture, display, or
308 possess marijuana or marijuana products.
309 2. Deliver or transfer marijuana or marijuana products to a
310 marijuana testing facility.
311 3. Sell marijuana or marijuana products to a marijuana
312 consumption site, retail marijuana store, or marijuana product
313 manufacturing facility.
314 4. Purchase marijuana from a marijuana cultivation
315 facility.
316 5. Purchase marijuana or marijuana products from a
317 marijuana product manufacturing facility.
318 (e) A marijuana testing facility may possess, cultivate,
319 process, repackage, store, transport, display, transfer, or
320 deliver marijuana or marijuana products.
321
322 A marijuana establishment may lease or otherwise allow the use
323 of property owned, occupied, or controlled by a person,
324 corporation, or other entity for any of the activities conducted
325 lawfully in accordance with this subsection.
326 (2) This section does not prevent the imposition of
327 penalties for violating this chapter or state or local rules
328 adopted pursuant to this chapter.
329 Section 8. Section 566.035, Florida Statutes, is created to
330 read:
331 566.035 Duties of the division.—The division shall:
332 (1) Enforce the laws and rules relating to the
333 manufacturing, processing, labeling, storing, transporting,
334 testing, and selling of marijuana by marijuana establishments
335 and administer those laws relating to licensing and the
336 collection of taxes.
337 (2) Adopt rules consistent with this chapter for the
338 administration and enforcement of laws regulating and licensing
339 marijuana establishments.
340 (3) If determined necessary by the division, enter into a
341 memorandum of understanding with the Department of Law
342 Enforcement, a county sheriff, or other state or municipal law
343 enforcement agency to perform inspections of marijuana
344 establishments.
345 (4) Issue marijuana consumption site, marijuana cultivation
346 facility, marijuana testing facility, marijuana product
347 manufacturing facility, and retail marijuana store licenses.
348 (5) Prevent the sale of marijuana by licensees to minors
349 and intoxicated persons.
350 (6) Ensure that licensees have access to the provisions of
351 this chapter and other laws and rules governing marijuana in
352 accordance with this section.
353 (7) Post this chapter and all rules adopted under this
354 chapter on the department’s publicly accessible website. The
355 division shall notify all licensees of any changes in the law
356 and rules through a publicly accessible website posting within
357 90 days after adjournment of each session of the Legislature.
358 The division shall update the posting on the department’s
359 publicly accessible website to reflect new laws and rules before
360 the effective date of such laws and rules.
361 (8) Certify monthly to the Chief Financial Officer a
362 complete statement of revenues and expenses for licenses issued
363 and for revenues collected by the division and submit an annual
364 report that includes a complete statement of the revenues and
365 expenses for the division to the Governor, the President of the
366 Senate, and the Speaker of the House of Representatives.
367 (9) Suspend or revoke the license of a licensee in
368 accordance with rules adopted by the division. A marijuana
369 establishment with a license that is suspended or revoked
370 pursuant to this subsection may:
371 (a) Continue to possess marijuana during the time its
372 license is suspended, but may not dispense, transfer, or sell
373 marijuana. If the marijuana establishment is a marijuana
374 cultivation facility, it may continue to cultivate marijuana
375 plants during the time its license is suspended. Marijuana may
376 not be removed from the licensed premises except as authorized
377 by the division and only for the purpose of destruction.
378 (b) Possess marijuana for up to 7 days after revocation of
379 its license, during which time the marijuana establishment shall
380 dispose of its inventory of marijuana in accordance with
381 division rules.
382 (10) Beginning January 15, 2025 and annually thereafter,
383 report to the committees of each house of the Legislature having
384 jurisdiction over marijuana regulation. The report must include,
385 but is not limited to, all rules adopted by the division and
386 statistics regarding the number of marijuana establishment
387 applications received and licensed.
388 Section 9. Section 566.036, Florida Statutes, is created to
389 read:
390 566.036 Licensing of marijuana establishments.—
391 (1) An applicant for a marijuana establishment license
392 shall file an application in the form required by the division
393 for the type of marijuana establishment license sought. The
394 division shall begin accepting and processing applications by
395 August 1, 2023.
396 (2) Upon receiving an application for a marijuana
397 establishment license, the division shall immediately forward a
398 copy of the application to the locality in which the applicant
399 desires to operate.
400 (3) The division shall issue or renew a license to operate
401 a marijuana establishment to an applicant who meets the
402 requirements of the division as set forth in rule and in
403 subsection (9) within 90 days after the date of receipt of the
404 application unless:
405 (a) The division finds the applicant is not in compliance
406 with this section or rules adopted by the division;
407 (b) The division is notified by the relevant locality that
408 the applicant is not in compliance with an ordinance, rule, or
409 regulation in effect at the time of application; or
410 (c) The number of marijuana establishments allowed in the
411 locality has been limited pursuant to s. 566.037 or is limited
412 by subsection (5) and the division has already licensed the
413 maximum number of marijuana establishments allowed in the
414 locality for the category of license that is sought.
415 (4) The following shall control when more than one
416 application is received by the division for establishment of a
417 marijuana establishment in the same locality:
418 (a) If a greater number of applications is received from
419 qualified applicants to operate a marijuana establishment in a
420 locality than are allowed under the limits enacted by the
421 locality pursuant to s. 566.037 or pursuant to subsection (5),
422 the division shall solicit and consider input from the locality
423 regarding the locality’s preference or preferences for
424 licensure. Within 90 days after the date the first application
425 is received, the division shall issue the maximum number of
426 applicable licenses for each type of marijuana establishment
427 license application received.
428 (b) In a competitive application process to determine which
429 applicants will receive licenses for a marijuana establishment,
430 the division shall give preference to:
431 1. An applicant who has at least 1 year of previous
432 experience in operating another business in compliance with
433 state law in this state.
434 2. An applicant who is a minority business enterprise, as
435 defined in s. 288.703.
436 (c) The division may not grant a license for a marijuana
437 establishment to a licensee who has already received a license
438 to operate the same type of marijuana establishment if doing so
439 would prevent another qualified applicant from receiving a
440 license.
441 (5) Unless the locality has prohibited marijuana
442 consumption sites or retail marijuana stores or has enacted a
443 lower limit on the number of such marijuana establishments, the
444 division shall license no more than:
445 (a) One such marijuana establishment per each 5,000 persons
446 in a locality with a population over 20,000.
447 (b) Two such marijuana establishments in a locality with a
448 population of at least 5,001 but less than 20,000.
449 (c) One such marijuana establishment in a locality with a
450 population of at least 2,000 but less than 5,001.
451
452 The division may license one marijuana consumption site or
453 retail marijuana store in a locality where the population is
454 less than 2,000 if the municipality or county commissioners for
455 the locality have not prohibited such marijuana establishments.
456 The division may grant a locality’s request to allow additional
457 marijuana consumption sites or retail marijuana stores. The
458 division may consider the impact of seasonal population or
459 tourism and other related information provided by the locality
460 requesting an additional marijuana establishment location.
461 (6) Upon denial of an application, the division shall
462 notify the applicant in writing of the specific reason for its
463 denial.
464 (7) All licenses under this part are valid for 1 year from
465 the date of issuance.
466 (8) A prospective licensee as a marijuana establishment:
467 (a) May not have been convicted of a disqualifying drug
468 offense. For purposes of this section, “disqualifying drug
469 offense” means a conviction for a violation of a state or
470 federal controlled substance law that is a crime punishable by
471 imprisonment for 1 year or more. It does not include an offense
472 for which the sentence, including any term of probation,
473 incarceration, or supervised release, was completed 10 or more
474 years before application for licensure or an offense that
475 consisted of conduct that would be permitted under this part.
476 (b) May not have had a previous license revoked for a
477 marijuana establishment.
478 (c) If the applicant is a corporation, may not be issued a
479 license if any of the principal officers of the corporation
480 would be personally ineligible under paragraph (a) or paragraph
481 (b).
482 (9) A marijuana establishment:
483 (a) May not be located within 500 feet of the property line
484 of a preexisting public or private school. The distance must be
485 measured from the main entrance of the marijuana establishment
486 to the main entrance of the school by the ordinary course of
487 travel.
488 (b) Shall implement appropriate security measures,
489 consistent with rules issued by the division, that are designed
490 to prevent:
491 1. Unauthorized entrance into areas containing marijuana.
492 2. The theft of marijuana located on the premises or in
493 transit to or from the premises by the licensee.
494 3. Tampering with or adulteration of the marijuana
495 products.
496 4. Unauthorized access to marijuana or marijuana
497 accessories.
498 5. Access to marijuana by, or sales of marijuana to,
499 minors.
500 (c) Shall prepare and maintain documents that include
501 procedures for the oversight of all aspects of operations and
502 procedures to ensure accurate record keeping.
503 (d) Shall make available for inspection its license at the
504 premises to which that license applies. A licensee may not
505 refuse a representative of the division the right to inspect the
506 entire licensed premises or to audit the books and records of
507 the licensee.
508 (e) May not sell marijuana to a minor or to a visibly
509 intoxicated person.
510 (f) If the licensee is a retail marijuana store, it may not
511 allow a minor to enter or remain on the premises unless the
512 minor is an employee of the division, a law enforcement officer,
513 emergency personnel, or a contractor performing work on the
514 facility that is not directly related to marijuana, such as
515 installing or maintaining security devices or performing
516 electrical wiring.
517 (g) If the licensee is a marijuana consumption site, it may
518 not allow a minor to enter or remain on the premises unless the
519 minor is an employee of the licensee, an employee of the
520 division, a law enforcement officer, emergency personnel, or a
521 contractor performing work on the facility that is not directly
522 related to marijuana, such as installing or maintaining security
523 devices or performing electrical wiring.
524 (h) If the licensee is a marijuana consumption site, it
525 must have a conspicuously displayed sign warning about the
526 delayed effects of ingesting THC products.
527 (i) If the licensee is a marijuana consumption site, it may
528 not restrict taxi or transportation network company drivers from
529 providing transportation services to customers. This paragraph
530 may not be construed to require the licensee to pay for such
531 transportation services.
532 (j) May not sell marijuana between the hours of 1 a.m. and
533 6 a.m.
534 (k) May not employ as a manager or leave in charge of the
535 licensed premises any person who, by reason of conviction for a
536 disqualifying drug offense or because of a revocation of that
537 person’s marijuana establishment license, is not eligible for a
538 marijuana establishment license.
539 (l) If a marijuana consumption site or retail marijuana
540 store, may not offer any free merchandise, a rebate, or a gift
541 to a consumer.
542 (m) If a retail marijuana store, may only sell or furnish
543 marijuana to a consumer from the premises licensed by the
544 department. A retail marijuana store may not, either directly or
545 indirectly, by any agent or employee, travel from locality to
546 locality, or from place to place within the same locality,
547 selling, bartering, carrying for sale, or exposing for sale
548 marijuana from a vehicle.
549 (10) A person who intentionally provides false information
550 on an application for a marijuana establishment license violates
551 s. 837.06.
552 (11) When a licensee’s license expires:
553 (a) A licensee who unintentionally fails to renew a license
554 upon its expiration date and continues to engage in activities
555 allowed by s. 566.034 may not be charged with illegal sales for
556 a period of 7 days after the expiration date. A licensee who
557 continues to make sales of marijuana after having been properly
558 notified of the expired license may be charged with illegally
559 selling marijuana.
560 (b) At least 30 days before expiration of a license issued
561 pursuant to this part, the division shall notify the licensee by
562 the most expedient means available:
563 1. That the licensee’s license is scheduled to expire.
564 2. The date of expiration.
565 3. That all sales of marijuana must be suspended after the
566 date of expiration and remain suspended until the license is
567 properly renewed.
568
569 Failure by the division to notify a licensee pursuant to this
570 paragraph does not excuse a licensee from being charged with a
571 violation of this part.
572 Section 10. Effective upon this act becoming a law, section
573 566.037, Florida Statutes, is created to read:
574 566.037 Local control.—
575 (1) A locality may prohibit the operation of one or more
576 types of marijuana establishments through the enactment of an
577 ordinance.
578 (2) If a locality does not prohibit the operation of a
579 marijuana establishment pursuant to subsection (1), the
580 following apply:
581 (a) No later than September 1, 2024, a locality may enact
582 an ordinance or regulation specifying the entity within the
583 locality that is responsible for processing applications
584 submitted for a licensee to operate a marijuana establishment
585 within the boundaries of the locality. The locality may provide
586 that the entity may issue such licenses if issuance by the
587 locality becomes necessary because of a failure by the division
588 to adopt rules pursuant to s. 566.035 or because of a failure by
589 the division to process and issue licenses as required by s.
590 566.036.
591 (b) A locality may enact ordinances, rules, or regulations
592 pursuant to this paragraph as long as those ordinances, rules,
593 or regulations do not conflict with this section or with rules
594 issued pursuant to s. 566.035. The ordinances may:
595 1. Govern the time, place, and manner of operations and
596 number of marijuana establishments.
597 2. Establish procedures for the issuance, suspension, and
598 revocation of a license issued by the locality in accordance
599 with paragraph (c) or paragraph (d).
600 3. Establish a schedule of annual operating, licensing, and
601 application fees for a marijuana establishment. This
602 subparagraph applies only if the application fee or licensing
603 fee is submitted to a locality in accordance with paragraph (c)
604 or paragraph (d).
605 4. Establish noncriminal penalties for violation of an
606 ordinance, rule, or regulation governing the time, place, and
607 manner that a marijuana establishment may operate in that
608 locality.
609 (c) If the division does not begin issuing licenses by
610 January 1, 2024, an applicant may submit an application directly
611 to the locality in which it wants to operate. A locality that
612 receives an application pursuant to this paragraph shall issue a
613 license to an applicant within 90 days after receipt of the
614 application unless the locality finds, and notifies the
615 applicant, that the applicant is not in compliance with an
616 ordinance, rule, or regulation made pursuant to s. 566.035 or
617 paragraph (b) in effect at the time of application. The locality
618 shall notify the division if the locality issues an annual
619 license to the applicant.
620 (d) If the division does not issue a license to an
621 applicant within 90 days after receipt of the application filed
622 in accordance with s. 566.036 and does not notify the applicant
623 of the specific reason for denial, in writing and within 90 days
624 after receipt of the application, the applicant may resubmit its
625 application directly to the locality and the locality may issue
626 an annual license to the applicant. A locality issuing a license
627 to an applicant shall do so within 90 days after receipt of the
628 resubmitted application unless the locality finds, and notifies
629 the applicant, that the applicant is not in compliance with an
630 ordinance, rule, or regulation made pursuant to s. 566.035 or
631 paragraph (b) in effect at the time the application is
632 resubmitted. The locality shall notify the division if the
633 locality issues an annual license to the applicant.
634 (e) A license issued by a locality in accordance with
635 paragraph (c) or paragraph (d) has the same effect as a license
636 issued by the division in accordance with s. 566.036 and the
637 holder of that license is not subject to regulation or
638 enforcement by the division during the term of that license. A
639 subsequent or renewed license may be issued under this paragraph
640 on an annual basis if the division has not adopted rules
641 required by s. 566.035 at least 90 days before the date upon
642 which such subsequent or renewed license would be effective, or
643 if the division has adopted rules pursuant to 566.042 but has
644 not, at least 90 days after the adoption of those rules, issued
645 any marijuana establishment licenses pursuant to s. 566.036.
646 Section 11. Section 566.038, Florida Statutes, is created
647 to read:
648 566.038 Defense of state law.—The Attorney General shall to
649 the best of the abilities of the office and in good faith
650 advocate to quash any federal subpoena for records involving
651 marijuana establishments.
652 Section 12. Section 566.039, Florida Statutes, is created
653 to read:
654 566.039 Research.—Notwithstanding the provisions of this
655 part regulating the distribution of marijuana, a scientific or
656 medical researcher who has previously published peer-reviewed
657 research may purchase, possess, and securely store marijuana for
658 purposes of conducting research. A scientific or medical
659 researcher may administer and distribute marijuana to a
660 participant in research who is at least 21 years of age after
661 receiving informed consent from that participant.
662 Section 13. Section 566.041, Florida Statutes, is created
663 to read:
664 566.041 Construction.—
665 (1) EMPLOYMENT POLICIES.—This chapter does not require an
666 employer to permit or accommodate the use, consumption,
667 possession, transfer, display, transportation, sale, or growing
668 of marijuana in the workplace or to affect the ability of
669 employers to have policies restricting the use of marijuana by
670 their employees.
671 (2) OPERATING UNDER THE INFLUENCE.—This chapter does not
672 exempt a person from the laws prohibiting operating under the
673 influence under chapter 316 or chapter 327.
674 (3) TRANSFER TO MINOR.—This chapter does not permit the
675 transfer of marijuana, with or without remuneration, to a minor
676 or to allow a minor to purchase, possess, use, transport, grow,
677 or consume marijuana.
678 (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not
679 prohibit a person, employer, school, hospital, detention
680 facility, corporation, or other entity that occupies, owns, or
681 controls real property from prohibiting or otherwise regulating
682 the possession, consumption, use, display, transfer,
683 distribution, sale, transportation, or growing of marijuana on
684 or in that real property.
685 (5) COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
686 does not apply to the compassionate use of low-THC cannabis
687 under s. 381.986.
688 Section 14. Section 566.042, Florida Statutes, is created
689 to read:
690 566.042 Rulemaking.—The division shall adopt any rules
691 necessary to administer and enforce the provisions of this
692 chapter.
693 Section 15. Section 566.043, Florida Statutes, is created
694 to read:
695 566.043 Good moral character.—Engaging in conduct allowed
696 by this chapter may not be the basis for a finding of a lack of
697 good moral character as that term is used in the Florida
698 Statutes.
699 Section 16. Section 566.044, Florida Statutes, is created
700 to read:
701 566.044 Penalties for violations.-It is unlawful for any
702 person to violate any provision of the this chapter, and any
703 person who violates any provision of the this chapter for which
704 no penalty has been provided commits a misdemeanor of the second
705 degree, punishable as provided in s. 775.082 or s. 775.083; any
706 person convicted of a second or subsequent violation commits a
707 felony of the third degree, punishable as provided in s.
708 775.082, s. 775.083, or s. 775.084.
709 Section 17. Section 570.551, Florida Statutes, is created
710 to read:
711 570.551 Division of Cannabis Management.-
712 (1) The duties of the Division of Cannabis Management
713 include, but are not limited to, administering and enforcing the
714 powers and responsibilities of the division as prescribed in
715 chapter 566 and the rules adopted therein.
716 (2) The director of the division shall be appointed by, and
717 serve at the pleasure of, the commissioner. The director shall
718 supervise, direct, and coordinate activities of the division;
719 exercise such powers and duties as authorized by the
720 commissioner; and enforce the provisions of chapter 566 and the
721 rules adopted thereunder, and any other powers and duties as
722 authorized by the department.
723 Section 18. Effective upon this act becoming a law, section
724 570.552, Florida Statutes, is created to read:
725 570.552 Emergency Rulemaking.-
726 (1) By June 1, 2023, the Division of Cannabis Management
727 shall adopt emergency rules for the administration and the
728 enforcement of laws regulating and licensing marijuana
729 establishments pursuant to chapter 566 as created by this act.
730 These rules must be developed by the division and may not be
731 contracted out to an entity outside the division. These rules
732 may not prohibit the operation of marijuana establishments,
733 either expressly or through restrictions that make the operation
734 of marijuana establishments unreasonably impracticable. As used
735 in this section, “unreasonably impracticable” means that the
736 measures necessary to comply with the rules require such a high
737 investment of risk, money, time, or other resources or assets
738 that the operation of a marijuana establishment is not worthy of
739 being carried out in practice by a reasonably prudent
740 businessperson.
741 (2) Rules adopted pursuant to this section must include:
742 (a) Provisions for administering and enforcing chapter 566,
743 including oversight requirements and noncriminal penalties for
744 violations.
745 (b) The form and content of applications for each type of
746 marijuana establishment license and for registration renewal
747 forms.
748 (c) Procedures allowing an applicant who has been denied a
749 license due to failure to meet the requirements for licensing to
750 correct the reason for failure.
751 (d) Procedures and timelines for background checks and
752 appeals.
753 (e) Rules governing the transfer of a license, which must
754 be substantially the same as rules governing the transfer of a
755 beverage license under chapter 561.
756 (f) Minimum standards for employment, including
757 requirements for background checks, restrictions against hiring
758 persons under 21 years of age, and safeguards to protect against
759 unauthorized employee access to marijuana.
760 (g) Minimum recordkeeping requirements, including the
761 recording of the disposal of marijuana that is not sold. Rules
762 developed pursuant to this subsection may not require a consumer
763 to provide a marijuana consumption site or retail marijuana
764 store with personal information other than government-issued
765 identification to determine the consumer’s age or require the
766 retail marijuana store to acquire and record personal
767 information about its consumers.
768 (h) Health and safety rules and standards for the
769 manufacture of marijuana products and the cultivation of
770 marijuana.
771 (i) Labeling requirements for marijuana and marijuana
772 products sold or distributed by a marijuana establishment.
773 (j) Restrictions on the advertising, signage, and display
774 of marijuana and marijuana products.
775 (k) Minimum security requirements, including standards to
776 reasonably protect against unauthorized access to marijuana at
777 all stages of the licensee’s possession, transportation,
778 storage, and cultivation of marijuana; these security
779 requirements may not prohibit outdoor cultivation in an
780 enclosed, secured space.
781 (l) Procedures for enforcing s. 566.036(9) and (10),
782 including noncriminal penalties for violations, procedures for
783 suspending or terminating the license of a licensee who violates
784 licensing provisions or the rules adopted pursuant to this
785 section, and procedures for appeals of penalties or licensing
786 actions.
787 (m) Any other oversight requirements that the division
788 determines are necessary to administer the laws relating to
789 licensing marijuana establishments.
790 (3) Rules adopted pursuant to this section may not prohibit
791 a locality as defined in s. 566.031 from limiting the number of
792 each type of licensee who may operate in the locality or from
793 enacting reasonable regulations applicable to licensees.
794 Section 19. Paragraph (p) of subsection (1) of section
795 500.03, Florida Statutes, is amended to read:
796 500.03 Definitions; construction; applicability.—
797 (1) For the purpose of this chapter, the term:
798 (p) “Food establishment” means a factory, food outlet, or
799 other facility manufacturing, processing, packing, holding, or
800 preparing food or selling food at wholesale or retail. The term
801 does not include a business or activity that is regulated under
802 s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
803 includes a marijuana consumption site or retail marijuana store
804 that sells food containing marijuana pursuant to chapter 566.
805 The term includes tomato packinghouses and repackers but does
806 not include any other establishments that pack fruits and
807 vegetables in their raw or natural states, including those
808 fruits or vegetables that are washed, colored, or otherwise
809 treated in their unpeeled, natural form before they are
810 marketed.
811 Section 20. Section 500.105, Florida Statutes, is created
812 to read:
813 500.105 Marijuana consumption site and retail marijuana
814 store food products containing marijuana.—Food products
815 containing marijuana that are prepared in a food establishment
816 that holds a permit under s. 500.12, if required, and that are
817 sold by a marijuana consumption site or retail marijuana store
818 licensed under chapter 566 are not considered adulterated under
819 this chapter due to the presence of marijuana.
820 Section 21. Subsection (1) of section 562.13, Florida
821 Statutes, is amended to read:
822 562.13 Employment of minors or certain other persons by
823 certain vendors prohibited; exceptions.—
824 (1) Unless otherwise provided in this section, it is
825 unlawful for any vendor licensed under the Beverage Law or a
826 licensee under chapter 566 to employ any person under 18 years
827 of age.
828 Section 22. Subsection (1) of section 569.0073, Florida
829 Statutes, is amended to read:
830 569.0073 Special provisions; smoking pipes and smoking
831 devices.—
832 (1) It is unlawful for any person to offer for sale at
833 retail any of the items listed in subsection (2) unless such
834 person:
835 (a) Has a retail tobacco products dealer permit under s.
836 569.003 or is a marijuana establishment licensed under s.
837 566.036. The provisions of this chapter apply to any person that
838 offers for retail sale any of the items listed in subsection
839 (2); and
840 (b)1. Derives at least 75 percent of its annual gross
841 revenues from the retail sale of cigarettes, cigars, and other
842 tobacco products or marijuana products sold in compliance with
843 chapter 566; or
844 2. Derives no more than 25 percent of its annual gross
845 revenues from the retail sale of the items listed in subsection
846 (2).
847 Section 23. Paragraph (c) of subsection (1) of section
848 893.03, Florida Statutes, is amended to read:
849 893.03 Standards and schedules.—The substances enumerated
850 in this section are controlled by this chapter. The controlled
851 substances listed or to be listed in Schedules I, II, III, IV,
852 and V are included by whatever official, common, usual,
853 chemical, trade name, or class designated. The provisions of
854 this section shall not be construed to include within any of the
855 schedules contained in this section any excluded drugs listed
856 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
857 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
858 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
859 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
860 Anabolic Steroid Products.”
861 (1) SCHEDULE I.—A substance in Schedule I has a high
862 potential for abuse and has no currently accepted medical use in
863 treatment in the United States and in its use under medical
864 supervision does not meet accepted safety standards. The
865 following substances are controlled in Schedule I:
866 (c) Unless specifically excepted or unless listed in
867 another schedule, any material, compound, mixture, or
868 preparation that contains any quantity of the following
869 hallucinogenic substances or that contains any of their salts,
870 isomers, including optical, positional, or geometric isomers,
871 homologues, nitrogen-heterocyclic analogs, esters, ethers, and
872 salts of isomers, homologues, nitrogen-heterocyclic analogs,
873 esters, or ethers, if the existence of such salts, isomers, and
874 salts of isomers is possible within the specific chemical
875 designation or class description:
876 1. Alpha-Ethyltryptamine.
877 2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2
878 oxazoline).
879 3. Aminorex (2-Amino-5-phenyl-2-oxazoline).
880 4. DOB (4-Bromo-2,5-dimethoxyamphetamine).
881 5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
882 6. Bufotenine.
883 7. Cannabis.
884 7.8. Cathinone.
885 8.9. DET (Diethyltryptamine).
886 9.10. 2,5-Dimethoxyamphetamine.
887 10.11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine).
888 11.12. DMT (Dimethyltryptamine).
889 12.13. PCE (N-Ethyl-1-phenylcyclohexylamine) (Ethylamine
890 analog of phencyclidine).
891 13.14. JB-318 (N-Ethyl-3-piperidyl benzilate).
892 14.15. N-Ethylamphetamine.
893 15.16. Fenethylline.
894 16.17. 3,4-Methylenedioxy-N-hydroxyamphetamine.
895 17.18. Ibogaine.
896 18.19. LSD (Lysergic acid diethylamide).
897 19.20. Mescaline.
898 20.21. Methcathinone.
899 21.22. 5-Methoxy-3,4-methylenedioxyamphetamine.
900 22.23. PMA (4-Methoxyamphetamine).
901 23.24. PMMA (4-Methoxymethamphetamine).
902 24.25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
903 25.26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
904 26.27. MDA (3,4-Methylenedioxyamphetamine).
905 27.28. JB-336 (N-Methyl-3-piperidyl benzilate).
906 28.29. N,N-Dimethylamphetamine.
907 29.30. Parahexyl.
908 30.31. Peyote.
909 31.32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)
910 (Pyrrolidine analog of phencyclidine).
911 32.33. Psilocybin.
912 33.34. Psilocyn.
913 34.35. Salvia divinorum, except for any drug product
914 approved by the United States Food and Drug Administration which
915 contains Salvia divinorum or its isomers, esters, ethers, salts,
916 and salts of isomers, esters, and ethers, if the existence of
917 such isomers, esters, ethers, and salts is possible within the
918 specific chemical designation.
919 35.36. Salvinorin A, except for any drug product approved
920 by the United States Food and Drug Administration which contains
921 Salvinorin A or its isomers, esters, ethers, salts, and salts of
922 isomers, esters, and ethers, if the existence of such isomers,
923 esters, ethers, and salts is possible within the specific
924 chemical designation.
925 36.37. Xylazine.
926 37.38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)
927 (Thiophene analog of phencyclidine).
928 38.39. 3,4,5-Trimethoxyamphetamine.
929 39.40. Methylone (3,4-Methylenedioxymethcathinone).
930 40.41. MDPV (3,4-Methylenedioxypyrovalerone).
931 41.42. Methylmethcathinone.
932 42.43. Methoxymethcathinone.
933 43.44. Fluoromethcathinone.
934 44.45. Methylethcathinone.
935 45.46. CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan
936 2-yl)phenol) and its dimethyloctyl (C8) homologue.
937 46.47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
938 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
939 ol].
940 47.48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
941 48.49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
942 49.50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
943 naphthoyl)indole).
944 50.51. BZP (Benzylpiperazine).
945 51.52. Fluorophenylpiperazine.
946 52.53. Methylphenylpiperazine.
947 53.54. Chlorophenylpiperazine.
948 54.55. Methoxyphenylpiperazine.
949 55.56. DBZP (1,4-Dibenzylpiperazine).
950 56.57. TFMPP (Trifluoromethylphenylpiperazine).
951 57.58. MBDB (Methylbenzodioxolylbutanamine) or (3,4
952 Methylenedioxy-N-methylbutanamine).
953 58.59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
954 59.60. 5-Hydroxy-N-methyltryptamine.
955 60.61. 5-MeO-MiPT (5-Methoxy-N-methyl-N
956 isopropyltryptamine).
957 61.62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
958 62.63. Methyltryptamine.
959 63.64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
960 64.65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
961 65.66. Tyramine (4-Hydroxyphenethylamine).
962 66.67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
963 67.68. DiPT (N,N-Diisopropyltryptamine).
964 68.69. DPT (N,N-Dipropyltryptamine).
965 69.70. 4-Hydroxy-DiPT (4-Hydroxy-N,N
966 diisopropyltryptamine).
967 70.71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
968 71.72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
969 72.73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
970 73.74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
971 74.75. 2C-T-4 (4-Isopropylthio-2,5
972 dimethoxyphenethylamine).
973 75.76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
974 76.77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
975 77.78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
976 78.79. 2C-T-7 (4-(n)-Propylthio-2,5
977 dimethoxyphenethylamine).
978 79.80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
979 80.81. Butylone (3,4-Methylenedioxy-alpha
980 methylaminobutyrophenone).
981 81.82. Ethcathinone.
982 82.83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
983 83.84. Naphyrone (Naphthylpyrovalerone).
984 84.85. Dimethylone (3,4-Methylenedioxy-N,N
985 dimethylcathinone).
986 85.86. 3,4-Methylenedioxy-N,N-diethylcathinone.
987 86.87. 3,4-Methylenedioxy-propiophenone.
988 87.88. 3,4-Methylenedioxy-alpha-bromopropiophenone.
989 88.89. 3,4-Methylenedioxy-propiophenone-2-oxime.
990 89.90. 3,4-Methylenedioxy-N-acetylcathinone.
991 90.91. 3,4-Methylenedioxy-N-acetylmethcathinone.
992 91.92. 3,4-Methylenedioxy-N-acetylethcathinone.
993 92.93. Bromomethcathinone.
994 93.94. Buphedrone (alpha-Methylamino-butyrophenone).
995 94.95. Eutylone (3,4-Methylenedioxy-alpha
996 ethylaminobutyrophenone).
997 95.96. Dimethylcathinone.
998 96.97. Dimethylmethcathinone.
999 97.98. Pentylone (3,4-Methylenedioxy-alpha
1000 methylaminovalerophenone).
1001 98.99. MDPPP (3,4-Methylenedioxy-alpha
1002 pyrrolidinopropiophenone).
1003 99.100. MDPBP (3,4-Methylenedioxy-alpha
1004 pyrrolidinobutyrophenone).
1005 100.101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
1006 101.102. MPHP (Methyl-alpha-pyrrolidinohexanophenone).
1007 102.103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
1008 (Benocyclidine).
1009 103.104. F-MABP (Fluoromethylaminobutyrophenone).
1010 104.105. MeO-PBP (Methoxypyrrolidinobutyrophenone).
1011 105.106. Et-PBP (Ethylpyrrolidinobutyrophenone).
1012 106.107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
1013 107.108. Me-EABP (Methylethylaminobutyrophenone).
1014 108.109. Etizolam.
1015 109.110. PPP (Pyrrolidinopropiophenone).
1016 110.111. PBP (Pyrrolidinobutyrophenone).
1017 111.112. PVP (Pyrrolidinovalerophenone) or
1018 (Pyrrolidinopentiophenone).
1019 112.113. MPPP (Methyl-alpha-pyrrolidinopropiophenone).
1020 113.114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
1021 114.115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
1022 115.116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
1023 116.117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
1024 117.118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
1025 118.119. JWH-081 (1-Pentyl-3-(4-methoxy-1
1026 naphthoyl)indole).
1027 119.120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
1028 120.121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2
1029 methylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
1030 121.122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
1031 122.123. JWH-201 (1-Pentyl-3-(4
1032 methoxyphenylacetyl)indole).
1033 123.124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
1034 124.125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
1035 125.126. JWH-250 (1-Pentyl-3-(2
1036 methoxyphenylacetyl)indole).
1037 126.127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
1038 127.128. JWH-302 (1-Pentyl-3-(3
1039 methoxyphenylacetyl)indole).
1040 128.129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
1041 129.130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl
1042 3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
1043 ol).
1044 130.131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2
1045 methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3
1046 enyl] methanol).
1047 131.132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1
1048 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
1049 1,4-dione).
1050 132.133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene).
1051 133.134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5
1052 pentylphenoxy)-undecanamide).
1053 134.135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5
1054 hydroxyphenoxy)-undecanamide).
1055 135.136. CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5
1056 (2-methyloctan-2-yl)phenol).
1057 136.137. AM-694 (1-(5-Fluoropentyl)-3-(2
1058 iodobenzoyl)indole).
1059 137.138. AM-2201 (1-(5-Fluoropentyl)-3-(1
1060 naphthoyl)indole).
1061 138.139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
1062 139.140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2
1063 methoxyphenylacetyl)indole).
1064 140.141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
1065 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
1066 naphthalenylmethanone).
1067 141.142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
1068 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
1069 naphthalenylmethanone).
1070 142.143. Pentedrone (alpha-Methylaminovalerophenone).
1071 143.144. Fluoroamphetamine.
1072 144.145. Fluoromethamphetamine.
1073 145.146. Methoxetamine.
1074 146.147. Methiopropamine.
1075 147.148. Methylbuphedrone (Methyl-alpha
1076 methylaminobutyrophenone).
1077 148.149. APB ((2-Aminopropyl)benzofuran).
1078 149.150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran).
1079 150.151. UR-144 (1-Pentyl-3-(2,2,3,3
1080 tetramethylcyclopropanoyl)indole).
1081 151.152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
1082 tetramethylcyclopropanoyl)indole).
1083 152.153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
1084 tetramethylcyclopropanoyl)indole).
1085 153.154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3
1086 carboxamide).
1087 154.155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
1088 iodobenzoyl)indole).
1089 155.156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole
1090 3-carboxamide).
1091 156.157. URB-597 ((3′-(Aminocarbonyl)[1,1′-biphenyl]-3-yl)
1092 cyclohexylcarbamate).
1093 157.158. URB-602 ([1,1′-Biphenyl]-3-yl-carbamic acid,
1094 cyclohexyl ester).
1095 158.159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1
1096 benzoxazin-4-one).
1097 159.160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
1098 160.161. 2C-H (2,5-Dimethoxyphenethylamine).
1099 161.162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
1100 162.163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
1101 163.164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
1102 methoxybenzyl)]phenethylamine).
1103 164.165. MDMA (3,4-Methylenedioxymethamphetamine).
1104 165.166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
1105 166.167. Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole
1106 3-carboxylate).
1107 167.168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
1108 carboxylate).
1109 168.169. Fluoro AKB48 (N-Adamant-1-yl 1
1110 (fluoropentyl)indazole-3-carboxamide).
1111 169.170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
1112 pentylindazole-3-carboxamide).
1113 170.171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
1114 1-(4-fluorobenzyl)indazole-3-carboxamide).
1115 171.172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
1116 yl)-1-pentylindazole-3-carboxamide).
1117 172.173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan
1118 2-yl)-1-(fluoropentyl)indole-3-carboxamide).
1119 173.174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
1120 methoxybenzyl)]phenethylamine).
1121 174.175. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
1122 methoxybenzyl)]phenethylamine).
1123 175.176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
1124 1-(cyclohexylmethyl)indazole-3-carboxamide).
1125 176.177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole
1126 3-carboxylate).
1127 177.178. Fluoro-NNEI (N-Naphthalen-1-yl 1
1128 (fluoropentyl)indole-3-carboxamide).
1129 178.179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2
1130 yl)-1-(fluoropentyl)indazole-3-carboxamide).
1131 179.180. THJ-2201 (1-(5-Fluoropentyl)-3-(1
1132 naphthoyl)indazole).
1133 180.181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl
1134 1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol).
1135 181.182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9
1136 (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
1137 hexahydrobenzo[c]chromen-1-ol).
1138 182.183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9
1139 (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
1140 hexahydrobenzo[c]chromen-1-ol).
1141 183.184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl)
1142 6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9
1143 diol).
1144 184.185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6
1145 dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a
1146 tetrahydro-6aH-benzo[c]chromen-1-ol).
1147 185.186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl
1148 6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione).
1149 186.187. MAPB ((2-Methylaminopropyl)benzofuran).
1150 187.188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine).
1151 188.189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine).
1152 189.190. Synthetic Cannabinoids.—Unless specifically
1153 excepted or unless listed in another schedule or contained
1154 within a pharmaceutical product approved by the United States
1155 Food and Drug Administration, any material, compound, mixture,
1156 or preparation that contains any quantity of a synthetic
1157 cannabinoid found to be in any of the following chemical class
1158 descriptions, or homologues, nitrogen-heterocyclic analogs,
1159 isomers (including optical, positional, or geometric), esters,
1160 ethers, salts, and salts of homologues, nitrogen-heterocyclic
1161 analogs, isomers, esters, or ethers, whenever the existence of
1162 such homologues, nitrogen-heterocyclic analogs, isomers, esters,
1163 ethers, salts, and salts of isomers, esters, or ethers is
1164 possible within the specific chemical class or designation.
1165 Since nomenclature of these synthetically produced cannabinoids
1166 is not internationally standardized and may continually evolve,
1167 these structures or the compounds of these structures shall be
1168 included under this subparagraph, regardless of their specific
1169 numerical designation of atomic positions covered, if it can be
1170 determined through a recognized method of scientific testing or
1171 analysis that the substance contains properties that fit within
1172 one or more of the following categories:
1173 a. Tetrahydrocannabinols.—Any tetrahydrocannabinols
1174 naturally contained in a plant of the genus Cannabis, the
1175 synthetic equivalents of the substances contained in the plant
1176 or in the resinous extracts of the genus Cannabis, or synthetic
1177 substances, derivatives, and their isomers with similar chemical
1178 structure and pharmacological activity, including, but not
1179 limited to, Delta 9 tetrahydrocannabinols and their optical
1180 isomers, Delta 8 tetrahydrocannabinols and their optical
1181 isomers, Delta 6a,10a tetrahydrocannabinols and their optical
1182 isomers, or any compound containing a tetrahydrobenzo[c]chromene
1183 structure with substitution at either or both the 3-position or
1184 9-position, with or without substitution at the 1-position with
1185 hydroxyl or alkoxy groups, including, but not limited to:
1186 (I) Tetrahydrocannabinol.
1187 (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
1188 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
1189 ol).
1190 (III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
1191 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
1192 ol).
1193 (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
1194 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
1195 (V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
1196 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
1197 (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan
1198 2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
1199 (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3
1200 dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
1201 (VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)
1202 6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
1203 (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl
1204 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
1205 (X) Parahexyl.
1206 b. Naphthoylindoles, Naphthoylindazoles,
1207 Naphthoylcarbazoles, Naphthylmethylindoles,
1208 Naphthylmethylindazoles, and Naphthylmethylcarbazoles.—Any
1209 compound containing a naphthoylindole, naphthoylindazole,
1210 naphthoylcarbazole, naphthylmethylindole,
1211 naphthylmethylindazole, or naphthylmethylcarbazole structure,
1212 with or without substitution on the indole, indazole, or
1213 carbazole ring to any extent, whether or not substituted on the
1214 naphthyl ring to any extent, including, but not limited to:
1215 (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
1216 (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1
1217 naphthoyl)indole).
1218 (III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
1219 (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole).
1220 (V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
1221 (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
1222 (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
1223 (VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole).
1224 (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole).
1225 (X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
1226 (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
1227 (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole).
1228 (XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole).
1229 (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1
1230 naphthoyl)indole).
1231 (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole).
1232 (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
1233 (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1
1234 naphthoyl)indole).
1235 (XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole).
1236 (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
1237 (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole).
1238 (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole).
1239 (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1
1240 naphthylmethyl]indole).
1241 (XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1
1242 naphthoyl)indole).
1243 (XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1
1244 naphthoyl)indole).
1245 (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
1246 naphthoyl)indole).
1247 (XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
1248 (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole).
1249 (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
1250 (XXIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole).
1251 (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole).
1252 (XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1
1253 naphthoyl)indole).
1254 (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1
1255 naphthoyl)indole).
1256 (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1
1257 naphthoyl)indole).
1258 (XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1
1259 naphthoyl)indole).
1260 (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1
1261 naphthoyl)indole).
1262 (XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole).
1263 (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1
1264 naphthoyl)indazole).
1265 (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1
1266 naphthoyl)indole).
1267 (XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1
1268 naphthoyl)indole).
1269 (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole).
1270 (XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1
1271 naphthoyl)carbazole).
1272 c. Naphthoylpyrroles.—Any compound containing a
1273 naphthoylpyrrole structure, with or without substitution on the
1274 pyrrole ring to any extent, whether or not substituted on the
1275 naphthyl ring to any extent, including, but not limited to:
1276 (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole).
1277 (II) JWH-031 (1-Hexyl-3-(1-naphthoyl)pyrrole).
1278 (III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole).
1279 (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole).
1280 (V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole).
1281 (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1
1282 naphthoyl)pyrrole).
1283 (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1
1284 naphthoyl)pyrrole).
1285 (VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1
1286 naphthoyl)pyrrole).
1287 (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1
1288 naphthoyl)pyrrole).
1289 (X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1
1290 naphthoyl)pyrrole).
1291 d. Naphthylmethylenindenes.—Any compound containing a
1292 naphthylmethylenindene structure, with or without substitution
1293 at the 3-position of the indene ring to any extent, whether or
1294 not substituted on the naphthyl ring to any extent, including,
1295 but not limited to, JWH-176 (3-Pentyl-1
1296 (naphthylmethylene)indene).
1297 e. Phenylacetylindoles and Phenylacetylindazoles.—Any
1298 compound containing a phenylacetylindole or phenylacetylindazole
1299 structure, with or without substitution on the indole or
1300 indazole ring to any extent, whether or not substituted on the
1301 phenyl ring to any extent, including, but not limited to:
1302 (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole).
1303 (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
1304 (III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
1305 (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole).
1306 (V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
1307 (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
1308 (VII) Cannabipiperidiethanone.
1309 (VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2
1310 methoxyphenylacetyl)indole).
1311 f. Cyclohexylphenols.—Any compound containing a
1312 cyclohexylphenol structure, with or without substitution at the
1313 5-position of the phenolic ring to any extent, whether or not
1314 substituted on the cyclohexyl ring to any extent, including, but
1315 not limited to:
1316 (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2
1317 yl)phenol).
1318 (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8)
1319 homologue).
1320 (III) CP-55,940 (2-(3-Hydroxy-6-propanol-cyclohexyl)-5-(2
1321 methyloctan-2-yl)phenol).
1322 g. Benzoylindoles and Benzoylindazoles.—Any compound
1323 containing a benzoylindole or benzoylindazole structure, with or
1324 without substitution on the indole or indazole ring to any
1325 extent, whether or not substituted on the phenyl ring to any
1326 extent, including, but not limited to:
1327 (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole).
1328 (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
1329 (III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
1330 iodo-5-nitrobenzoyl)indole).
1331 (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4
1332 methoxybenzoyl)indole).
1333 (V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
1334 iodobenzoyl)indole).
1335 (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
1336 (VII) RCS-4 C4 homologue (1-Butyl-3-(4
1337 methoxybenzoyl)indole).
1338 (VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo
1339 3-(4-methoxybenzoyl)indole).
1340 h. Tetramethylcyclopropanoylindoles and
1341 Tetramethylcyclopropanoylindazoles.—Any compound containing a
1342 tetramethylcyclopropanoylindole or
1343 tetramethylcyclopropanoylindazole structure, with or without
1344 substitution on the indole or indazole ring to any extent,
1345 whether or not substituted on the tetramethylcyclopropyl group
1346 to any extent, including, but not limited to:
1347 (I) UR-144 (1-Pentyl-3-(2,2,3,3
1348 tetramethylcyclopropanoyl)indole).
1349 (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
1350 tetramethylcyclopropanoyl)indole).
1351 (III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
1352 tetramethylcyclopropanoyl)indole).
1353 (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3
1354 tetramethylcyclopropanoyl)indole).
1355 (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3
1356 tetramethylcyclopropanoyl)indole).
1357 (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3
1358 tetramethylcyclopropanoyl)indole).
1359 (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3
1360 tetramethylcyclopropanoyl)indole).
1361 (VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3
1362 tetramethylcyclopropanoyl)indazole).
1363 (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3
1364 tetramethylcyclopropanoyl)indole).
1365 (X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3
1366 tetramethylcyclopropanoyl)indole).
1367 i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole
1368 carboxamides, and Adamantylindazole carboxamides.—Any compound
1369 containing an adamantoyl indole, adamantoyl indazole, adamantyl
1370 indole carboxamide, or adamantyl indazole carboxamide structure,
1371 with or without substitution on the indole or indazole ring to
1372 any extent, whether or not substituted on the adamantyl ring to
1373 any extent, including, but not limited to:
1374 (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide).
1375 (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole
1376 3-carboxamide).
1377 (III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
1378 carboxamide).
1379 (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1
1380 adamantoyl)indole).
1381 (V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole).
1382 (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide).
1383 (VII) Fluoro AB-001 (1-(Fluoropentyl)-3-(1
1384 adamantoyl)indole).
1385 j. Quinolinylindolecarboxylates,
1386 Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides,
1387 and Quinolinylindazolecarboxamides.—Any compound containing a
1388 quinolinylindole carboxylate, quinolinylindazole carboxylate,
1389 isoquinolinylindole carboxylate, isoquinolinylindazole
1390 carboxylate, quinolinylindole carboxamide, quinolinylindazole
1391 carboxamide, isoquinolinylindole carboxamide, or
1392 isoquinolinylindazole carboxamide structure, with or without
1393 substitution on the indole or indazole ring to any extent,
1394 whether or not substituted on the quinoline or isoquinoline ring
1395 to any extent, including, but not limited to:
1396 (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
1397 (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
1398 carboxylate).
1399 (III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
1400 carboxylate).
1401 (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
1402 carboxylate).
1403 (V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate).
1404 (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole
1405 3-carboxylate).
1406 (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole
1407 3-carboxylate).
1408 (VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide).
1409 (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3
1410 carboxamide).
1411 k. Naphthylindolecarboxylates and
1412 Naphthylindazolecarboxylates.—Any compound containing a
1413 naphthylindole carboxylate or naphthylindazole carboxylate
1414 structure, with or without substitution on the indole or
1415 indazole ring to any extent, whether or not substituted on the
1416 naphthyl ring to any extent, including, but not limited to:
1417 (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3
1418 carboxylate).
1419 (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3
1420 carboxylate).
1421 (III) Fluoro SDB-005 (1-Naphthalenyl 1
1422 (fluoropentyl)indazole-3-carboxylate).
1423 (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3
1424 carboxylate).
1425 (V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3
1426 carboxylate).
1427 l. Naphthylindole carboxamides and Naphthylindazole
1428 carboxamides.—Any compound containing a naphthylindole
1429 carboxamide or naphthylindazole carboxamide structure, with or
1430 without substitution on the indole or indazole ring to any
1431 extent, whether or not substituted on the naphthyl ring to any
1432 extent, including, but not limited to:
1433 (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide).
1434 (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
1435 3-carboxamide).
1436 (III) Chloro-NNEI (N-Naphthalen-1-yl 1
1437 (chloropentyl)indole-3-carboxamide).
1438 (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3
1439 carboxamide).
1440 (V) Fluoro MN-18 (N-Naphthalen-1-yl 1
1441 (fluoropentyl)indazole-3-carboxamide).
1442 m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl
1443 indazole carboxamides, Alkylcarbonyl indole carboxylates, and
1444 Alkylcarbonyl indazole carboxylates.—Any compound containing an
1445 alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl,
1446 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3
1447 phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an
1448 indole carboxamide, indazole carboxamide, indole carboxylate, or
1449 indazole carboxylate, with or without substitution on the indole
1450 or indazole ring to any extent, whether or not substituted on
1451 the alkylcarbonyl group to any extent, including, but not
1452 limited to:
1453 (I) ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1
1454 pentylindole-3-carboxamide).
1455 (II) Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
1456 yl)-1-(fluoropentyl)indole-3-carboxamide).
1457 (III) Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
1458 (fluoropentyl)indole-3-carboxamide).
1459 (IV) AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
1460 pentylindazole-3-carboxamide).
1461 (V) Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
1462 1-(fluoropentyl)indazole-3-carboxamide).
1463 (VI) ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
1464 1-pentylindazole-3-carboxamide).
1465 (VII) Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1
1466 oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide).
1467 (VIII) AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
1468 (4-fluorobenzyl)indazole-3-carboxamide).
1469 (IX) ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
1470 yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
1471 (X) AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
1472 (cyclohexylmethyl)indazole-3-carboxamide).
1473 (XI) MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
1474 (cyclohexylmethyl)indazole-3-carboxamide).
1475 (XII) MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
1476 yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
1477 (XIII) AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
1478 pentylindazole-3-carboxamide).
1479 (XIV) Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
1480 (fluoropentyl)indazole-3-carboxamide).
1481 (XV) FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4
1482 fluorobenzyl)indazole-3-carboxamide).
1483 (XVI) MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
1484 2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
1485 (XVII) MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
1486 2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
1487 (XVIII) MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
1488 2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide).
1489 (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
1490 fluoropentyl)indole-3-carboxamide).
1491 (XX) PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
1492 fluoropentyl)indazole-3-carboxamide).
1493 (XXI) PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1
1494 (cyclohexylmethyl)indazole-3-carboxamide).
1495 (XXII) PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4
1496 fluorobenzyl)indazole-3-carboxamide).
1497 (XXIII) MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
1498 2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate).
1499 n. Cumylindolecarboxamides and Cumylindazolecarboxamides.
1500 Any compound containing a N-(2-phenylpropan-2-yl) indole
1501 carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide
1502 structure, with or without substitution on the indole or
1503 indazole ring to any extent, whether or not substituted on the
1504 phenyl ring of the cumyl group to any extent, including, but not
1505 limited to:
1506 (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3
1507 carboxamide).
1508 (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1
1509 (fluoropentyl)indole-3-carboxamide).
1510 o. Other Synthetic Cannabinoids.—Any material, compound,
1511 mixture, or preparation that contains any quantity of a
1512 Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.:
1513 (I) With or without modification or replacement of a
1514 carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage
1515 between either two core rings, or linkage between a core ring
1516 and group structure, with or without the addition of a carbon or
1517 replacement of a carbon;
1518 (II) With or without replacement of a core ring or group
1519 structure, whether or not substituted on the ring or group
1520 structures to any extent; and
1521 (III) Is a cannabinoid receptor agonist, unless
1522 specifically excepted or unless listed in another schedule or
1523 contained within a pharmaceutical product approved by the United
1524 States Food and Drug Administration.
1525 190.191. Substituted Cathinones.—Unless specifically
1526 excepted, listed in another schedule, or contained within a
1527 pharmaceutical product approved by the United States Food and
1528 Drug Administration, any material, compound, mixture, or
1529 preparation, including its salts, isomers, esters, or ethers,
1530 and salts of isomers, esters, or ethers, whenever the existence
1531 of such salts is possible within any of the following specific
1532 chemical designations:
1533 a. Any compound containing a 2-amino-1-phenyl-1-propanone
1534 structure;
1535 b. Any compound containing a 2-amino-1-naphthyl-1-propanone
1536 structure; or
1537 c. Any compound containing a 2-amino-1-thiophenyl-1
1538 propanone structure,
1539 whether or not the compound is further modified:
1540 (I) With or without substitution on the ring system to any
1541 extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy,
1542 haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused
1543 dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
1544 substituents;
1545 (II) With or without substitution at the 3-propanone
1546 position with an alkyl substituent or removal of the methyl
1547 group at the 3-propanone position;
1548 (III) With or without substitution at the 2-amino nitrogen
1549 atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or
1550 not further substituted in the ring system; or
1551 (IV) With or without inclusion of the 2-amino nitrogen atom
1552 in a cyclic structure, including, but not limited to:
1553 (A) Methcathinone.
1554 (B) Ethcathinone.
1555 (C) Methylone (3,4-Methylenedioxymethcathinone).
1556 (D) 2,3-Methylenedioxymethcathinone.
1557 (E) MDPV (3,4-Methylenedioxypyrovalerone).
1558 (F) Methylmethcathinone.
1559 (G) Methoxymethcathinone.
1560 (H) Fluoromethcathinone.
1561 (I) Methylethcathinone.
1562 (J) Butylone (3,4-Methylenedioxy-alpha
1563 methylaminobutyrophenone).
1564 (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
1565 (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone).
1566 (M) Naphyrone (Naphthylpyrovalerone).
1567 (N) Bromomethcathinone.
1568 (O) Buphedrone (alpha-Methylaminobutyrophenone).
1569 (P) Eutylone (3,4-Methylenedioxy-alpha
1570 ethylaminobutyrophenone).
1571 (Q) Dimethylcathinone.
1572 (R) Dimethylmethcathinone.
1573 (S) Pentylone (3,4-Methylenedioxy-alpha
1574 methylaminovalerophenone).
1575 (T) Pentedrone (alpha-Methylaminovalerophenone).
1576 (U) MDPPP (3,4-Methylenedioxy-alpha
1577 pyrrolidinopropiophenone).
1578 (V) MDPBP (3,4-Methylenedioxy-alpha
1579 pyrrolidinobutyrophenone).
1580 (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone).
1581 (X) PPP (Pyrrolidinopropiophenone).
1582 (Y) PVP (Pyrrolidinovalerophenone) or
1583 (Pyrrolidinopentiophenone).
1584 (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
1585 (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone).
1586 (BB) F-MABP (Fluoromethylaminobutyrophenone).
1587 (CC) Me-EABP (Methylethylaminobutyrophenone).
1588 (DD) PBP (Pyrrolidinobutyrophenone).
1589 (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone).
1590 (FF) Et-PBP (Ethylpyrrolidinobutyrophenone).
1591 (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
1592 (HH) Dimethylone (3,4-Methylenedioxy-N,N
1593 dimethylcathinone).
1594 (II) 3,4-Methylenedioxy-N,N-diethylcathinone.
1595 (JJ) 3,4-Methylenedioxy-N-acetylcathinone.
1596 (KK) 3,4-Methylenedioxy-N-acetylmethcathinone.
1597 (LL) 3,4-Methylenedioxy-N-acetylethcathinone.
1598 (MM) Methylbuphedrone (Methyl-alpha
1599 methylaminobutyrophenone).
1600 (NN) Methyl-alpha-methylaminohexanophenone.
1601 (OO) N-Ethyl-N-methylcathinone.
1602 (PP) PHP (Pyrrolidinohexanophenone).
1603 (QQ) PV8 (Pyrrolidinoheptanophenone).
1604 (RR) Chloromethcathinone.
1605 (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone.
1606 191.192. Substituted Phenethylamines.—Unless specifically
1607 excepted or unless listed in another schedule, or contained
1608 within a pharmaceutical product approved by the United States
1609 Food and Drug Administration, any material, compound, mixture,
1610 or preparation, including its salts, isomers, esters, or ethers,
1611 and salts of isomers, esters, or ethers, whenever the existence
1612 of such salts is possible within any of the following specific
1613 chemical designations, any compound containing a phenethylamine
1614 structure, without a beta-keto group, and without a benzyl group
1615 attached to the amine group, whether or not the compound is
1616 further modified with or without substitution on the phenyl ring
1617 to any extent with alkyl, alkylthio, nitro, alkoxy, thio,
1618 halide, fused alkylenedioxy, fused furan, fused benzofuran,
1619 fused dihydrofuran, or fused tetrahydropyran substituents,
1620 whether or not further substituted on a ring to any extent, with
1621 or without substitution at the alpha or beta position by any
1622 alkyl substituent, with or without substitution at the nitrogen
1623 atom, and with or without inclusion of the 2-amino nitrogen atom
1624 in a cyclic structure, including, but not limited to:
1625 a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
1626 b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
1627 c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
1628 d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
1629 e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
1630 f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
1631 g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
1632 h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
1633 i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
1634 j. 2C-H (2,5-Dimethoxyphenethylamine).
1635 k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
1636 l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
1637 m. MDMA (3,4-Methylenedioxymethamphetamine).
1638 n. MBDB (Methylbenzodioxolylbutanamine) or (3,4
1639 Methylenedioxy-N-methylbutanamine).
1640 o. MDA (3,4-Methylenedioxyamphetamine).
1641 p. 2,5-Dimethoxyamphetamine.
1642 q. Fluoroamphetamine.
1643 r. Fluoromethamphetamine.
1644 s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
1645 t. DOB (4-Bromo-2,5-dimethoxyamphetamine).
1646 u. DOC (4-Chloro-2,5-dimethoxyamphetamine).
1647 v. DOET (4-Ethyl-2,5-dimethoxyamphetamine).
1648 w. DOI (4-Iodo-2,5-dimethoxyamphetamine).
1649 x. DOM (4-Methyl-2,5-dimethoxyamphetamine).
1650 y. PMA (4-Methoxyamphetamine).
1651 z. N-Ethylamphetamine.
1652 aa. 3,4-Methylenedioxy-N-hydroxyamphetamine.
1653 bb. 5-Methoxy-3,4-methylenedioxyamphetamine.
1654 cc. PMMA (4-Methoxymethamphetamine).
1655 dd. N,N-Dimethylamphetamine.
1656 ee. 3,4,5-Trimethoxyamphetamine.
1657 ff. 4-APB (4-(2-Aminopropyl)benzofuran).
1658 gg. 5-APB (5-(2-Aminopropyl)benzofuran).
1659 hh. 6-APB (6-(2-Aminopropyl)benzofuran).
1660 ii. 7-APB (7-(2-Aminopropyl)benzofuran).
1661 jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran).
1662 kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran).
1663 ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran).
1664 mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran).
1665 nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran).
1666 oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran).
1667 pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran).
1668 qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran).
1669 rr. 5-EAPB (5-(2-Ethylaminopropyl)benzofuran).
1670 ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3
1671 dihydrobenzofuran),
1672
1673 which does not include phenethylamine, mescaline as described in
1674 subparagraph 20., substituted cathinones as described in
1675 subparagraph 191., N-Benzyl phenethylamine compounds as
1676 described in subparagraph 193., or methamphetamine as described
1677 in subparagraph (2)(c)5.
1678 192.193. N-Benzyl Phenethylamine Compounds.—Unless
1679 specifically excepted or unless listed in another schedule, or
1680 contained within a pharmaceutical product approved by the United
1681 States Food and Drug Administration, any material, compound,
1682 mixture, or preparation, including its salts, isomers, esters,
1683 or ethers, and salts of isomers, esters, or ethers, whenever the
1684 existence of such salts is possible within any of the following
1685 specific chemical designations, any compound containing a
1686 phenethylamine structure without a beta-keto group, with
1687 substitution on the nitrogen atom of the amino group with a
1688 benzyl substituent, with or without substitution on the phenyl
1689 or benzyl ring to any extent with alkyl, alkoxy, thio,
1690 alkylthio, halide, fused alkylenedioxy, fused furan, fused
1691 benzofuran, or fused tetrahydropyran substituents, whether or
1692 not further substituted on a ring to any extent, with or without
1693 substitution at the alpha position by any alkyl substituent,
1694 including, but not limited to:
1695 a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
1696 methoxybenzyl)]phenethylamine).
1697 b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2
1698 hydroxybenzyl)]phenethylamine).
1699 c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2
1700 fluorobenzyl)]phenethylamine).
1701 d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3
1702 methylenedioxybenzyl)]phenethylamine).
1703 e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
1704 methoxybenzyl)]phenethylamine).
1705 f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2
1706 hydroxybenzyl)]phenethylamine).
1707 g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2
1708 fluorobenzyl)]phenethylamine).
1709 h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3
1710 methylenedioxybenzyl)]phenethylamine).
1711 i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2
1712 methoxybenzyl)]phenethylamine).
1713 j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2
1714 methoxybenzyl)]phenethylamine).
1715 k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2
1716 methoxybenzyl)]phenethylamine).
1717 l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
1718 methoxybenzyl)]phenethylamine).
1719 m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2
1720 hydroxybenzyl)]phenethylamine).
1721 n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2
1722 fluorobenzyl)]phenethylamine).
1723 o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3
1724 methylenedioxybenzyl)]phenethylamine).
1725 p. 25H-NBOMe (2,5-Dimethoxy-[N-(2
1726 methoxybenzyl)]phenethylamine).
1727 q. 25H-NBOH (2,5-Dimethoxy-[N-(2
1728 hydroxybenzyl)]phenethylamine).
1729 r. 25H-NBF (2,5-Dimethoxy-[N-(2
1730 fluorobenzyl)]phenethylamine).
1731 s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2
1732 methoxybenzyl)]phenethylamine),
1733
1734 which does not include substituted cathinones as described in
1735 subparagraph 191.
1736 193.194. Substituted Tryptamines.—Unless specifically
1737 excepted or unless listed in another schedule, or contained
1738 within a pharmaceutical product approved by the United States
1739 Food and Drug Administration, any material, compound, mixture,
1740 or preparation containing a 2-(1H-indol-3-yl)ethanamine, for
1741 example tryptamine, structure with or without mono- or di
1742 substitution of the amine nitrogen with alkyl or alkenyl groups,
1743 or by inclusion of the amino nitrogen atom in a cyclic
1744 structure, whether or not substituted at the alpha position with
1745 an alkyl group, whether or not substituted on the indole ring to
1746 any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
1747 groups, including, but not limited to:
1748 a. Alpha-Ethyltryptamine.
1749 b. Bufotenine.
1750 c. DET (Diethyltryptamine).
1751 d. DMT (Dimethyltryptamine).
1752 e. MET (N-Methyl-N-ethyltryptamine).
1753 f. DALT (N,N-Diallyltryptamine).
1754 g. EiPT (N-Ethyl-N-isopropyltryptamine).
1755 h. MiPT (N-Methyl-N-isopropyltryptamine).
1756 i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
1757 j. 5-Hydroxy-N-methyltryptamine.
1758 k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
1759 l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
1760 m. Methyltryptamine.
1761 n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
1762 o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
1763 p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
1764 q. DiPT (N,N-Diisopropyltryptamine).
1765 r. DPT (N,N-Dipropyltryptamine).
1766 s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
1767 t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
1768 u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
1769 v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
1770 w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
1771 x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine).
1772 y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N
1773 isopropyltryptamine).
1774 z. Methyl-alpha-ethyltryptamine.
1775 aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
1776
1777 which does not include tryptamine, psilocyn as described in
1778 subparagraph 34., or psilocybin as described in subparagraph 33.
1779 194.195. Substituted Phenylcyclohexylamines.—Unless
1780 specifically excepted or unless listed in another schedule, or
1781 contained within a pharmaceutical product approved by the United
1782 States Food and Drug Administration, any material, compound,
1783 mixture, or preparation containing a phenylcyclohexylamine
1784 structure, with or without any substitution on the phenyl ring,
1785 any substitution on the cyclohexyl ring, any replacement of the
1786 phenyl ring with a thiophenyl or benzothiophenyl ring, with or
1787 without substitution on the amine with alkyl, dialkyl, or alkoxy
1788 substituents, inclusion of the nitrogen in a cyclic structure,
1789 or any combination of the above, including, but not limited to:
1790 a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
1791 (Benocyclidine).
1792 b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
1793 of phencyclidine).
1794 c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine
1795 analog of phencyclidine).
1796 d. PCPr (Phenylcyclohexylpropylamine).
1797 e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene
1798 analog of phencyclidine).
1799 f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
1800 g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
1801 h. Methoxetamine.
1802 i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
1803 j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
1804 k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
1805 l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
1806 m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
1807 n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
1808 o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
1809 p. Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine).
1810 q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine).
1811 r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine).
1812 195.196. W-15, 4-chloro-N-[1-(2-phenylethyl)-2
1813 piperidinylidene]-benzenesulfonamide.
1814 196.197. W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2
1815 piperidinylidene]-benzenesulfonamide.
1816 197.198. AH-7921, 3,4-dichloro-N-[[1
1817 (dimethylamino)cyclohexyl]methyl]-benzamide.
1818 198.199. U47700, trans-3,4-dichloro-N-[2
1819 (dimethylamino)cyclohexyl]-N-methyl-benzamide.
1820 199.200. MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl)
1821 piperazine, dihydrochloride.
1822 Section 24. Subsections (3), (6), and (9) of section
1823 893.13, Florida Statutes, are amended, and subsection (10) is
1824 added to that section, to read:
1825 893.13 Prohibited acts; penalties.—
1826 (3) A person who delivers, without consideration, 20 grams
1827 or less of cannabis, as defined in this chapter, commits a
1828 misdemeanor of the first degree, punishable as provided in s.
1829 775.082 or s. 775.083. As used in this subsection, the term
1830 “cannabis” does not include the resin extracted from the plants
1831 of the genus Cannabis or any compound manufacture, salt,
1832 derivative, mixture, or preparation of such resin.
1833 (5)(6)(a) A person may not be in actual or constructive
1834 possession of a controlled substance unless such controlled
1835 substance was lawfully obtained from a practitioner or pursuant
1836 to a valid prescription or order of a practitioner while acting
1837 in the course of his or her professional practice or to be in
1838 actual or constructive possession of a controlled substance
1839 except as otherwise authorized by this chapter. A person who
1840 violates this provision commits a felony of the third degree,
1841 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1842 (b) If the offense is the possession of 20 grams or less of
1843 cannabis, as defined in this chapter, the person commits a
1844 misdemeanor of the first degree, punishable as provided in s.
1845 775.082 or s. 775.083. As used in this subsection, the term
1846 “cannabis” does not include the resin extracted from the plants
1847 of the genus Cannabis, or any compound manufacture, salt,
1848 derivative, mixture, or preparation of such resin.
1849 (b)(c) Except as provided in this chapter, a person may not
1850 possess more than 10 grams of any substance named or described
1851 in s. 893.03(1)(a), (1)(b), or (2)(b), or any combination
1852 thereof, or any mixture containing any such substance. A person
1853 who violates this paragraph commits a felony of the first
1854 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1855 775.084.
1856 (c)(d) If the offense is possession of a controlled
1857 substance named or described in s. 893.03(5), the person commits
1858 a misdemeanor of the second degree, punishable as provided in s.
1859 775.082 or s. 775.083.
1860 (e) Notwithstanding any provision to the contrary of the
1861 laws of this state relating to arrest, a law enforcement officer
1862 may arrest without warrant any person who the officer has
1863 probable cause to believe is violating the provisions of this
1864 chapter relating to possession of cannabis.
1865 (8)(9) The provisions of Subsections (1)-(7) (1)-(8) are
1866 not applicable to the delivery to, or actual or constructive
1867 possession for medical or scientific use or purpose only of
1868 controlled substances by, persons included in any of the
1869 following classes, or the agents or employees of such persons,
1870 for use in the usual course of their business or profession or
1871 in the performance of their official duties:
1872 (a) Pharmacists.
1873 (b) Practitioners.
1874 (c) Persons who procure controlled substances in good faith
1875 and in the course of professional practice only, by or under the
1876 supervision of pharmacists or practitioners employed by them, or
1877 for the purpose of lawful research, teaching, or testing, and
1878 not for resale.
1879 (d) Hospitals that procure controlled substances for lawful
1880 administration by practitioners, but only for use by or in the
1881 particular hospital.
1882 (e) Officers or employees of state, federal, or local
1883 governments acting in their official capacity only, or informers
1884 acting under their jurisdiction.
1885 (f) Common carriers.
1886 (g) Manufacturers, wholesalers, and distributors.
1887 (h) Law enforcement officers for bona fide law enforcement
1888 purposes in the course of an active criminal investigation.
1889 (10) Subsections (1)-(7) are not applicable to conduct
1890 authorized under chapter 566.
1891 Section 25. Subsection (1) of section 893.135, Florida
1892 Statutes, is amended to read:
1893 893.135 Trafficking; mandatory sentences; suspension or
1894 reduction of sentences; conspiracy to engage in trafficking.—
1895 (1) Except as authorized in this chapter, or in chapter
1896 499, or chapter 566 and notwithstanding the provisions of s.
1897 893.13:
1898 (a) Any person who knowingly sells, purchases,
1899 manufactures, delivers, or brings into this state, or who is
1900 knowingly in actual or constructive possession of, in excess of
1901 25 pounds of cannabis, or 300 or more cannabis plants, commits a
1902 felony of the first degree, which felony shall be known as
1903 “trafficking in cannabis,” punishable as provided in s. 775.082,
1904 s. 775.083, or s. 775.084. If the quantity of cannabis involved:
1905 1. Is in excess of 25 pounds, but less than 2,000 pounds,
1906 or is 300 or more cannabis plants, but not more than 2,000
1907 cannabis plants, such person shall be sentenced to a mandatory
1908 minimum term of imprisonment of 3 years, and the defendant shall
1909 be ordered to pay a fine of $25,000.
1910 2. Is 2,000 pounds or more, but less than 10,000 pounds, or
1911 is 2,000 or more cannabis plants, but not more than 10,000
1912 cannabis plants, such person shall be sentenced to a mandatory
1913 minimum term of imprisonment of 7 years, and the defendant shall
1914 be ordered to pay a fine of $50,000.
1915 3. Is 10,000 pounds or more, or is 10,000 or more cannabis
1916 plants, such person shall be sentenced to a mandatory minimum
1917 term of imprisonment of 15 calendar years and pay a fine of
1918 $200,000.
1919
1920 For the purpose of this paragraph, a plant, including, but not
1921 limited to, a seedling or cutting, is a “cannabis plant” if it
1922 has some readily observable evidence of root formation, such as
1923 root hairs. To determine if a piece or part of a cannabis plant
1924 severed from the cannabis plant is itself a cannabis plant, the
1925 severed piece or part must have some readily observable evidence
1926 of root formation, such as root hairs. Callous tissue is not
1927 readily observable evidence of root formation. The viability and
1928 sex of a plant and the fact that the plant may or may not be a
1929 dead harvested plant are not relevant in determining if the
1930 plant is a “cannabis plant” or in the charging of an offense
1931 under this paragraph. Upon conviction, the court shall impose
1932 the longest term of imprisonment provided for in this paragraph.
1933 (a)(b)1. Any person who knowingly sells, purchases,
1934 manufactures, delivers, or brings into this state, or who is
1935 knowingly in actual or constructive possession of, 28 grams or
1936 more of cocaine, as described in s. 893.03(2)(a)4., or of any
1937 mixture containing cocaine, but less than 150 kilograms of
1938 cocaine or any such mixture, commits a felony of the first
1939 degree, which felony shall be known as “trafficking in cocaine,”
1940 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1941 If the quantity involved:
1942 a. Is 28 grams or more, but less than 200 grams, such
1943 person shall be sentenced to a mandatory minimum term of
1944 imprisonment of 3 years, and the defendant shall be ordered to
1945 pay a fine of $50,000.
1946 b. Is 200 grams or more, but less than 400 grams, such
1947 person shall be sentenced to a mandatory minimum term of
1948 imprisonment of 7 years, and the defendant shall be ordered to
1949 pay a fine of $100,000.
1950 c. Is 400 grams or more, but less than 150 kilograms, such
1951 person shall be sentenced to a mandatory minimum term of
1952 imprisonment of 15 calendar years and pay a fine of $250,000.
1953 2. Any person who knowingly sells, purchases, manufactures,
1954 delivers, or brings into this state, or who is knowingly in
1955 actual or constructive possession of, 150 kilograms or more of
1956 cocaine, as described in s. 893.03(2)(a)4., commits the first
1957 degree felony of trafficking in cocaine. A person who has been
1958 convicted of the first degree felony of trafficking in cocaine
1959 under this subparagraph shall be punished by life imprisonment
1960 and is ineligible for any form of discretionary early release
1961 except pardon or executive clemency or conditional medical
1962 release under s. 947.149. However, if the court determines that,
1963 in addition to committing any act specified in this paragraph:
1964 a. The person intentionally killed an individual or
1965 counseled, commanded, induced, procured, or caused the
1966 intentional killing of an individual and such killing was the
1967 result; or
1968 b. The person’s conduct in committing that act led to a
1969 natural, though not inevitable, lethal result,
1970
1971 such person commits the capital felony of trafficking in
1972 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
1973 person sentenced for a capital felony under this paragraph shall
1974 also be sentenced to pay the maximum fine provided under
1975 subparagraph 1.
1976 3. Any person who knowingly brings into this state 300
1977 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
1978 and who knows that the probable result of such importation would
1979 be the death of any person, commits capital importation of
1980 cocaine, a capital felony punishable as provided in ss. 775.082
1981 and 921.142. Any person sentenced for a capital felony under
1982 this paragraph shall also be sentenced to pay the maximum fine
1983 provided under subparagraph 1.
1984 (b)(c)1. A person who knowingly sells, purchases,
1985 manufactures, delivers, or brings into this state, or who is
1986 knowingly in actual or constructive possession of, 4 grams or
1987 more of any morphine, opium, hydromorphone, or any salt,
1988 derivative, isomer, or salt of an isomer thereof, including
1989 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
1990 (3)(c)4., or 4 grams or more of any mixture containing any such
1991 substance, but less than 30 kilograms of such substance or
1992 mixture, commits a felony of the first degree, which felony
1993 shall be known as “trafficking in illegal drugs,” punishable as
1994 provided in s. 775.082, s. 775.083, or s. 775.084. If the
1995 quantity involved:
1996 a. Is 4 grams or more, but less than 14 grams, such person
1997 shall be sentenced to a mandatory minimum term of imprisonment
1998 of 3 years and shall be ordered to pay a fine of $50,000.
1999 b. Is 14 grams or more, but less than 28 grams, such person
2000 shall be sentenced to a mandatory minimum term of imprisonment
2001 of 15 years and shall be ordered to pay a fine of $100,000.
2002 c. Is 28 grams or more, but less than 30 kilograms, such
2003 person shall be sentenced to a mandatory minimum term of
2004 imprisonment of 25 years and shall be ordered to pay a fine of
2005 $500,000.
2006 2. A person who knowingly sells, purchases, manufactures,
2007 delivers, or brings into this state, or who is knowingly in
2008 actual or constructive possession of, 28 grams or more of
2009 hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
2010 described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
2011 grams or more of any mixture containing any such substance,
2012 commits a felony of the first degree, which felony shall be
2013 known as “trafficking in hydrocodone,” punishable as provided in
2014 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
2015 a. Is 28 grams or more, but less than 50 grams, such person
2016 shall be sentenced to a mandatory minimum term of imprisonment
2017 of 3 years and shall be ordered to pay a fine of $50,000.
2018 b. Is 50 grams or more, but less than 100 grams, such
2019 person shall be sentenced to a mandatory minimum term of
2020 imprisonment of 7 years and shall be ordered to pay a fine of
2021 $100,000.
2022 c. Is 100 grams or more, but less than 300 grams, such
2023 person shall be sentenced to a mandatory minimum term of
2024 imprisonment of 15 years and shall be ordered to pay a fine of
2025 $500,000.
2026 d. Is 300 grams or more, but less than 30 kilograms, such
2027 person shall be sentenced to a mandatory minimum term of
2028 imprisonment of 25 years and shall be ordered to pay a fine of
2029 $750,000.
2030 3. A person who knowingly sells, purchases, manufactures,
2031 delivers, or brings into this state, or who is knowingly in
2032 actual or constructive possession of, 7 grams or more of
2033 oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
2034 thereof, or 7 grams or more of any mixture containing any such
2035 substance, commits a felony of the first degree, which felony
2036 shall be known as “trafficking in oxycodone,” punishable as
2037 provided in s. 775.082, s. 775.083, or s. 775.084. If the
2038 quantity involved:
2039 a. Is 7 grams or more, but less than 14 grams, such person
2040 shall be sentenced to a mandatory minimum term of imprisonment
2041 of 3 years and shall be ordered to pay a fine of $50,000.
2042 b. Is 14 grams or more, but less than 25 grams, such person
2043 shall be sentenced to a mandatory minimum term of imprisonment
2044 of 7 years and shall be ordered to pay a fine of $100,000.
2045 c. Is 25 grams or more, but less than 100 grams, such
2046 person shall be sentenced to a mandatory minimum term of
2047 imprisonment of 15 years and shall be ordered to pay a fine of
2048 $500,000.
2049 d. Is 100 grams or more, but less than 30 kilograms, such
2050 person shall be sentenced to a mandatory minimum term of
2051 imprisonment of 25 years and shall be ordered to pay a fine of
2052 $750,000.
2053 4.a. A person who knowingly sells, purchases, manufactures,
2054 delivers, or brings into this state, or who is knowingly in
2055 actual or constructive possession of, 4 grams or more of:
2056 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
2057 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
2058 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
2059 (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
2060 (V) A fentanyl derivative, as described in s.
2061 893.03(1)(a)62.;
2062 (VI) A controlled substance analog, as described in s.
2063 893.0356, of any substance described in sub-sub-subparagraphs
2064 (I)-(V); or
2065 (VII) A mixture containing any substance described in sub
2066 sub-subparagraphs (I)-(VI),
2067
2068 commits a felony of the first degree, which felony shall be
2069 known as “trafficking in dangerous fentanyl or fentanyl
2070 analogues,” punishable as provided in s. 775.082, s. 775.083, or
2071 s. 775.084.
2072 b. If the quantity involved under sub-subparagraph a.:
2073 (I) Is 4 grams or more, but less than 14 grams, such person
2074 shall be sentenced to a mandatory minimum term of imprisonment
2075 of 7 years, and shall be ordered to pay a fine of $50,000.
2076 (II) Is 14 grams or more, but less than 28 grams, such
2077 person shall be sentenced to a mandatory minimum term of
2078 imprisonment of 20 years, and shall be ordered to pay a fine of
2079 $100,000.
2080 (III) Is 28 grams or more, such person shall be sentenced
2081 to a mandatory minimum term of imprisonment of 25 years, and
2082 shall be ordered to pay a fine of $500,000.
2083 5. A person who knowingly sells, purchases, manufactures,
2084 delivers, or brings into this state, or who is knowingly in
2085 actual or constructive possession of, 30 kilograms or more of
2086 any morphine, opium, oxycodone, hydrocodone, codeine,
2087 hydromorphone, or any salt, derivative, isomer, or salt of an
2088 isomer thereof, including heroin, as described in s.
2089 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
2090 more of any mixture containing any such substance, commits the
2091 first degree felony of trafficking in illegal drugs. A person
2092 who has been convicted of the first degree felony of trafficking
2093 in illegal drugs under this subparagraph shall be punished by
2094 life imprisonment and is ineligible for any form of
2095 discretionary early release except pardon or executive clemency
2096 or conditional medical release under s. 947.149. However, if the
2097 court determines that, in addition to committing any act
2098 specified in this paragraph:
2099 a. The person intentionally killed an individual or
2100 counseled, commanded, induced, procured, or caused the
2101 intentional killing of an individual and such killing was the
2102 result; or
2103 b. The person’s conduct in committing that act led to a
2104 natural, though not inevitable, lethal result,
2105
2106 such person commits the capital felony of trafficking in illegal
2107 drugs, punishable as provided in ss. 775.082 and 921.142. A
2108 person sentenced for a capital felony under this paragraph shall
2109 also be sentenced to pay the maximum fine provided under
2110 subparagraph 1.
2111 6. A person who knowingly brings into this state 60
2112 kilograms or more of any morphine, opium, oxycodone,
2113 hydrocodone, codeine, hydromorphone, or any salt, derivative,
2114 isomer, or salt of an isomer thereof, including heroin, as
2115 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
2116 60 kilograms or more of any mixture containing any such
2117 substance, and who knows that the probable result of such
2118 importation would be the death of a person, commits capital
2119 importation of illegal drugs, a capital felony punishable as
2120 provided in ss. 775.082 and 921.142. A person sentenced for a
2121 capital felony under this paragraph shall also be sentenced to
2122 pay the maximum fine provided under subparagraph 1.
2123 (c)(d)1. Any person who knowingly sells, purchases,
2124 manufactures, delivers, or brings into this state, or who is
2125 knowingly in actual or constructive possession of, 28 grams or
2126 more of phencyclidine, as described in s. 893.03(2)(b)23., a
2127 substituted phenylcyclohexylamine, as described in s.
2128 893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described
2129 in s. 893.03(1)(c)12., 31., 37., 102., or 145. s.
2130 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
2131 containing phencyclidine, as described in s. 893.03(2)(b)23., a
2132 substituted phenylcyclohexylamine, as described in s.
2133 893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described
2134 in s. 893.03(1)(c)12., 31., 37., 102., or 145. s.
2135 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
2136 the first degree, which felony shall be known as “trafficking in
2137 phencyclidine,” punishable as provided in s. 775.082, s.
2138 775.083, or s. 775.084. If the quantity involved:
2139 a. Is 28 grams or more, but less than 200 grams, such
2140 person shall be sentenced to a mandatory minimum term of
2141 imprisonment of 3 years, and the defendant shall be ordered to
2142 pay a fine of $50,000.
2143 b. Is 200 grams or more, but less than 400 grams, such
2144 person shall be sentenced to a mandatory minimum term of
2145 imprisonment of 7 years, and the defendant shall be ordered to
2146 pay a fine of $100,000.
2147 c. Is 400 grams or more, such person shall be sentenced to
2148 a mandatory minimum term of imprisonment of 15 calendar years
2149 and pay a fine of $250,000.
2150 2. Any person who knowingly brings into this state 800
2151 grams or more of phencyclidine, as described in s.
2152 893.03(2)(b)23., a substituted phenylcyclohexylamine, as
2153 described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a
2154 substance described in s. 893.03(1)(c)12., 31., 37., 102., or
2155 145. s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any
2156 mixture containing phencyclidine, as described in s.
2157 893.03(2)(b)23., a substituted phenylcyclohexylamine, as
2158 described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a
2159 substance described in s. 893.03(1)(c)12., 31., 37., 102., or
2160 145. s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows
2161 that the probable result of such importation would be the death
2162 of any person commits capital importation of phencyclidine, a
2163 capital felony punishable as provided in ss. 775.082 and
2164 921.142. Any person sentenced for a capital felony under this
2165 paragraph shall also be sentenced to pay the maximum fine
2166 provided under subparagraph 1.
2167 (d)(e)1. Any person who knowingly sells, purchases,
2168 manufactures, delivers, or brings into this state, or who is
2169 knowingly in actual or constructive possession of, 200 grams or
2170 more of methaqualone or of any mixture containing methaqualone,
2171 as described in s. 893.03(1)(d), commits a felony of the first
2172 degree, which felony shall be known as “trafficking in
2173 methaqualone,” punishable as provided in s. 775.082, s. 775.083,
2174 or s. 775.084. If the quantity involved:
2175 a. Is 200 grams or more, but less than 5 kilograms, such
2176 person shall be sentenced to a mandatory minimum term of
2177 imprisonment of 3 years, and the defendant shall be ordered to
2178 pay a fine of $50,000.
2179 b. Is 5 kilograms or more, but less than 25 kilograms, such
2180 person shall be sentenced to a mandatory minimum term of
2181 imprisonment of 7 years, and the defendant shall be ordered to
2182 pay a fine of $100,000.
2183 c. Is 25 kilograms or more, such person shall be sentenced
2184 to a mandatory minimum term of imprisonment of 15 calendar years
2185 and pay a fine of $250,000.
2186 2. Any person who knowingly brings into this state 50
2187 kilograms or more of methaqualone or of any mixture containing
2188 methaqualone, as described in s. 893.03(1)(d), and who knows
2189 that the probable result of such importation would be the death
2190 of any person commits capital importation of methaqualone, a
2191 capital felony punishable as provided in ss. 775.082 and
2192 921.142. Any person sentenced for a capital felony under this
2193 paragraph shall also be sentenced to pay the maximum fine
2194 provided under subparagraph 1.
2195 (e)(f)1. Any person who knowingly sells, purchases,
2196 manufactures, delivers, or brings into this state, or who is
2197 knowingly in actual or constructive possession of, 14 grams or
2198 more of amphetamine, as described in s. 893.03(2)(c)2., or
2199 methamphetamine, as described in s. 893.03(2)(c)5., or of any
2200 mixture containing amphetamine or methamphetamine, or
2201 phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
2202 in conjunction with other chemicals and equipment utilized in
2203 the manufacture of amphetamine or methamphetamine, commits a
2204 felony of the first degree, which felony shall be known as
2205 “trafficking in amphetamine,” punishable as provided in s.
2206 775.082, s. 775.083, or s. 775.084. If the quantity involved:
2207 a. Is 14 grams or more, but less than 28 grams, such person
2208 shall be sentenced to a mandatory minimum term of imprisonment
2209 of 3 years, and the defendant shall be ordered to pay a fine of
2210 $50,000.
2211 b. Is 28 grams or more, but less than 200 grams, such
2212 person shall be sentenced to a mandatory minimum term of
2213 imprisonment of 7 years, and the defendant shall be ordered to
2214 pay a fine of $100,000.
2215 c. Is 200 grams or more, such person shall be sentenced to
2216 a mandatory minimum term of imprisonment of 15 calendar years
2217 and pay a fine of $250,000.
2218 2. Any person who knowingly manufactures or brings into
2219 this state 400 grams or more of amphetamine, as described in s.
2220 893.03(2)(c)2., or methamphetamine, as described in s.
2221 893.03(2)(c)5., or of any mixture containing amphetamine or
2222 methamphetamine, or phenylacetone, phenylacetic acid,
2223 pseudoephedrine, or ephedrine in conjunction with other
2224 chemicals and equipment used in the manufacture of amphetamine
2225 or methamphetamine, and who knows that the probable result of
2226 such manufacture or importation would be the death of any person
2227 commits capital manufacture or importation of amphetamine, a
2228 capital felony punishable as provided in ss. 775.082 and
2229 921.142. Any person sentenced for a capital felony under this
2230 paragraph shall also be sentenced to pay the maximum fine
2231 provided under subparagraph 1.
2232 (f)(g)1. Any person who knowingly sells, purchases,
2233 manufactures, delivers, or brings into this state, or who is
2234 knowingly in actual or constructive possession of, 4 grams or
2235 more of flunitrazepam or any mixture containing flunitrazepam as
2236 described in s. 893.03(1)(a) commits a felony of the first
2237 degree, which felony shall be known as “trafficking in
2238 flunitrazepam,” punishable as provided in s. 775.082, s.
2239 775.083, or s. 775.084. If the quantity involved:
2240 a. Is 4 grams or more but less than 14 grams, such person
2241 shall be sentenced to a mandatory minimum term of imprisonment
2242 of 3 years, and the defendant shall be ordered to pay a fine of
2243 $50,000.
2244 b. Is 14 grams or more but less than 28 grams, such person
2245 shall be sentenced to a mandatory minimum term of imprisonment
2246 of 7 years, and the defendant shall be ordered to pay a fine of
2247 $100,000.
2248 c. Is 28 grams or more but less than 30 kilograms, such
2249 person shall be sentenced to a mandatory minimum term of
2250 imprisonment of 25 calendar years and pay a fine of $500,000.
2251 2. Any person who knowingly sells, purchases, manufactures,
2252 delivers, or brings into this state or who is knowingly in
2253 actual or constructive possession of 30 kilograms or more of
2254 flunitrazepam or any mixture containing flunitrazepam as
2255 described in s. 893.03(1)(a) commits the first degree felony of
2256 trafficking in flunitrazepam. A person who has been convicted of
2257 the first degree felony of trafficking in flunitrazepam under
2258 this subparagraph shall be punished by life imprisonment and is
2259 ineligible for any form of discretionary early release except
2260 pardon or executive clemency or conditional medical release
2261 under s. 947.149. However, if the court determines that, in
2262 addition to committing any act specified in this paragraph:
2263 a. The person intentionally killed an individual or
2264 counseled, commanded, induced, procured, or caused the
2265 intentional killing of an individual and such killing was the
2266 result; or
2267 b. The person’s conduct in committing that act led to a
2268 natural, though not inevitable, lethal result,
2269
2270 such person commits the capital felony of trafficking in
2271 flunitrazepam, punishable as provided in ss. 775.082 and
2272 921.142. Any person sentenced for a capital felony under this
2273 paragraph shall also be sentenced to pay the maximum fine
2274 provided under subparagraph 1.
2275 (g)(h)1. Any person who knowingly sells, purchases,
2276 manufactures, delivers, or brings into this state, or who is
2277 knowingly in actual or constructive possession of, 1 kilogram or
2278 more of gamma-hydroxybutyric acid (GHB), as described in s.
2279 893.03(1)(d), or any mixture containing gamma-hydroxybutyric
2280 acid (GHB), commits a felony of the first degree, which felony
2281 shall be known as “trafficking in gamma-hydroxybutyric acid
2282 (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
2283 775.084. If the quantity involved:
2284 a. Is 1 kilogram or more but less than 5 kilograms, such
2285 person shall be sentenced to a mandatory minimum term of
2286 imprisonment of 3 years, and the defendant shall be ordered to
2287 pay a fine of $50,000.
2288 b. Is 5 kilograms or more but less than 10 kilograms, such
2289 person shall be sentenced to a mandatory minimum term of
2290 imprisonment of 7 years, and the defendant shall be ordered to
2291 pay a fine of $100,000.
2292 c. Is 10 kilograms or more, such person shall be sentenced
2293 to a mandatory minimum term of imprisonment of 15 calendar years
2294 and pay a fine of $250,000.
2295 2. Any person who knowingly manufactures or brings into
2296 this state 150 kilograms or more of gamma-hydroxybutyric acid
2297 (GHB), as described in s. 893.03(1)(d), or any mixture
2298 containing gamma-hydroxybutyric acid (GHB), and who knows that
2299 the probable result of such manufacture or importation would be
2300 the death of any person commits capital manufacture or
2301 importation of gamma-hydroxybutyric acid (GHB), a capital felony
2302 punishable as provided in ss. 775.082 and 921.142. Any person
2303 sentenced for a capital felony under this paragraph shall also
2304 be sentenced to pay the maximum fine provided under subparagraph
2305 1.
2306 (h)(i)1. Any person who knowingly sells, purchases,
2307 manufactures, delivers, or brings into this state, or who is
2308 knowingly in actual or constructive possession of, 1 kilogram or
2309 more of gamma-butyrolactone (GBL), as described in s.
2310 893.03(1)(d), or any mixture containing gamma-butyrolactone
2311 (GBL), commits a felony of the first degree, which felony shall
2312 be known as “trafficking in gamma-butyrolactone (GBL),”
2313 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2314 If the quantity involved:
2315 a. Is 1 kilogram or more but less than 5 kilograms, such
2316 person shall be sentenced to a mandatory minimum term of
2317 imprisonment of 3 years, and the defendant shall be ordered to
2318 pay a fine of $50,000.
2319 b. Is 5 kilograms or more but less than 10 kilograms, such
2320 person shall be sentenced to a mandatory minimum term of
2321 imprisonment of 7 years, and the defendant shall be ordered to
2322 pay a fine of $100,000.
2323 c. Is 10 kilograms or more, such person shall be sentenced
2324 to a mandatory minimum term of imprisonment of 15 calendar years
2325 and pay a fine of $250,000.
2326 2. Any person who knowingly manufactures or brings into the
2327 state 150 kilograms or more of gamma-butyrolactone (GBL), as
2328 described in s. 893.03(1)(d), or any mixture containing gamma
2329 butyrolactone (GBL), and who knows that the probable result of
2330 such manufacture or importation would be the death of any person
2331 commits capital manufacture or importation of gamma
2332 butyrolactone (GBL), a capital felony punishable as provided in
2333 ss. 775.082 and 921.142. Any person sentenced for a capital
2334 felony under this paragraph shall also be sentenced to pay the
2335 maximum fine provided under subparagraph 1.
2336 (i)(j)1. Any person who knowingly sells, purchases,
2337 manufactures, delivers, or brings into this state, or who is
2338 knowingly in actual or constructive possession of, 1 kilogram or
2339 more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
2340 any mixture containing 1,4-Butanediol, commits a felony of the
2341 first degree, which felony shall be known as “trafficking in
2342 1,4-Butanediol,” punishable as provided in s. 775.082, s.
2343 775.083, or s. 775.084. If the quantity involved:
2344 a. Is 1 kilogram or more, but less than 5 kilograms, such
2345 person shall be sentenced to a mandatory minimum term of
2346 imprisonment of 3 years, and the defendant shall be ordered to
2347 pay a fine of $50,000.
2348 b. Is 5 kilograms or more, but less than 10 kilograms, such
2349 person shall be sentenced to a mandatory minimum term of
2350 imprisonment of 7 years, and the defendant shall be ordered to
2351 pay a fine of $100,000.
2352 c. Is 10 kilograms or more, such person shall be sentenced
2353 to a mandatory minimum term of imprisonment of 15 calendar years
2354 and pay a fine of $500,000.
2355 2. Any person who knowingly manufactures or brings into
2356 this state 150 kilograms or more of 1,4-Butanediol as described
2357 in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
2358 and who knows that the probable result of such manufacture or
2359 importation would be the death of any person commits capital
2360 manufacture or importation of 1,4-Butanediol, a capital felony
2361 punishable as provided in ss. 775.082 and 921.142. Any person
2362 sentenced for a capital felony under this paragraph shall also
2363 be sentenced to pay the maximum fine provided under subparagraph
2364 1.
2365 (j)(k)1. A person who knowingly sells, purchases,
2366 manufactures, delivers, or brings into this state, or who is
2367 knowingly in actual or constructive possession of, 10 grams or
2368 more of a:
2369 a. Substance described in s. 893.03(1)(c)4., 5., 9., 10.,
2370 14., 16., 20.-26., 28., 38., 39.-44., 57., 71.-79., 80.-85.,
2371 89.-101., 103.-107., 109.-112., 142.-144., 147.-149., 159.-162.,
2372 164., or 186.-188. s. 893.03(1)(c)4., 5., 10., 11., 15., 17.,
2373 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102.,
2374 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or
2375 187.-189., a substituted cathinone, as described in s.
2376 893.03(1)(c)190. s. 893.03(1)(c)191., or substituted
2377 phenethylamine, as described in s. 893.03(1)(c)191. s.
2378 893.03(1)(c)192.;
2379 b. Mixture containing any substance described in sub
2380 subparagraph a.; or
2381 c. Salt, isomer, ester, or ether or salt of an isomer,
2382 ester, or ether of a substance described in sub-subparagraph a.,
2383
2384 commits a felony of the first degree, which felony shall be
2385 known as “trafficking in phenethylamines,” punishable as
2386 provided in s. 775.082, s. 775.083, or s. 775.084.
2387 2. If the quantity involved under subparagraph 1.:
2388 a. Is 10 grams or more, but less than 200 grams, such
2389 person shall be sentenced to a mandatory minimum term of
2390 imprisonment of 3 years and shall be ordered to pay a fine of
2391 $50,000.
2392 b. Is 200 grams or more, but less than 400 grams, such
2393 person shall be sentenced to a mandatory minimum term of
2394 imprisonment of 7 years and shall be ordered to pay a fine of
2395 $100,000.
2396 c. Is 400 grams or more, such person shall be sentenced to
2397 a mandatory minimum term of imprisonment of 15 years and shall
2398 be ordered to pay a fine of $250,000.
2399 3. A person who knowingly manufactures or brings into this
2400 state 30 kilograms or more of a substance described in sub
2401 subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
2402 or a salt, isomer, ester, or ether or a salt of an isomer,
2403 ester, or ether described in sub-subparagraph 1.c., and who
2404 knows that the probable result of such manufacture or
2405 importation would be the death of any person commits capital
2406 manufacture or importation of phenethylamines, a capital felony
2407 punishable as provided in ss. 775.082 and 921.142. A person
2408 sentenced for a capital felony under this paragraph shall also
2409 be sentenced to pay the maximum fine under subparagraph 2.
2410 (k)(l)1. Any person who knowingly sells, purchases,
2411 manufactures, delivers, or brings into this state, or who is
2412 knowingly in actual or constructive possession of, 1 gram or
2413 more of lysergic acid diethylamide (LSD) as described in s.
2414 893.03(1)(c), or of any mixture containing lysergic acid
2415 diethylamide (LSD), commits a felony of the first degree, which
2416 felony shall be known as “trafficking in lysergic acid
2417 diethylamide (LSD),” punishable as provided in s. 775.082, s.
2418 775.083, or s. 775.084. If the quantity involved:
2419 a. Is 1 gram or more, but less than 5 grams, such person
2420 shall be sentenced to a mandatory minimum term of imprisonment
2421 of 3 years, and the defendant shall be ordered to pay a fine of
2422 $50,000.
2423 b. Is 5 grams or more, but less than 7 grams, such person
2424 shall be sentenced to a mandatory minimum term of imprisonment
2425 of 7 years, and the defendant shall be ordered to pay a fine of
2426 $100,000.
2427 c. Is 7 grams or more, such person shall be sentenced to a
2428 mandatory minimum term of imprisonment of 15 calendar years and
2429 pay a fine of $500,000.
2430 2. Any person who knowingly manufactures or brings into
2431 this state 7 grams or more of lysergic acid diethylamide (LSD)
2432 as described in s. 893.03(1)(c), or any mixture containing
2433 lysergic acid diethylamide (LSD), and who knows that the
2434 probable result of such manufacture or importation would be the
2435 death of any person commits capital manufacture or importation
2436 of lysergic acid diethylamide (LSD), a capital felony punishable
2437 as provided in ss. 775.082 and 921.142. Any person sentenced for
2438 a capital felony under this paragraph shall also be sentenced to
2439 pay the maximum fine provided under subparagraph 1.
2440 (l)(m)1. A person who knowingly sells, purchases,
2441 manufactures, delivers, or brings into this state, or who is
2442 knowingly in actual or constructive possession of, 280 grams or
2443 more of a:
2444 a. Substance described in s. 893.03(1)(c)29., 45.-49.,
2445 113.-141., 150.-155., 165.-172., or 175.-185. s.
2446 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or
2447 176.-186. or a synthetic cannabinoid, as described in s.
2448 893.03(1)(c)189. s. 893.03(1)(c)190.; or
2449 b. Mixture containing any substance described in sub
2450 subparagraph a.,
2451
2452 commits a felony of the first degree, which felony shall be
2453 known as “trafficking in synthetic cannabinoids,” punishable as
2454 provided in s. 775.082, s. 775.083, or s. 775.084.
2455 2. If the quantity involved under subparagraph 1.:
2456 a. Is 280 grams or more, but less than 500 grams, such
2457 person shall be sentenced to a mandatory minimum term of
2458 imprisonment of 3 years, and the defendant shall be ordered to
2459 pay a fine of $50,000.
2460 b. Is 500 grams or more, but less than 1,000 grams, such
2461 person shall be sentenced to a mandatory minimum term of
2462 imprisonment of 7 years, and the defendant shall be ordered to
2463 pay a fine of $100,000.
2464 c. Is 1,000 grams or more, but less than 30 kilograms, such
2465 person shall be sentenced to a mandatory minimum term of
2466 imprisonment of 15 years, and the defendant shall be ordered to
2467 pay a fine of $200,000.
2468 d. Is 30 kilograms or more, such person shall be sentenced
2469 to a mandatory minimum term of imprisonment of 25 years, and the
2470 defendant shall be ordered to pay a fine of $750,000.
2471 (m)(n)1. A person who knowingly sells, purchases,
2472 manufactures, delivers, or brings into this state, or who is
2473 knowingly in actual or constructive possession of, 14 grams or
2474 more of:
2475 a. A substance described in s. 893.03(1)(c)163., 173., or
2476 174. s. 893.03(1)(c)164., 174., or 175., a n-benzyl
2477 phenethylamine compound, as described in s. 893.03(1)(c)192. s.
2478 893.03(1)(c)193.; or
2479 b. A mixture containing any substance described in sub
2480 subparagraph a.,
2481
2482 commits a felony of the first degree, which felony shall be
2483 known as “trafficking in n-benzyl phenethylamines,” punishable
2484 as provided in s. 775.082, s. 775.083, or s. 775.084.
2485 2. If the quantity involved under subparagraph 1.:
2486 a. Is 14 grams or more, but less than 100 grams, such
2487 person shall be sentenced to a mandatory minimum term of
2488 imprisonment of 3 years, and the defendant shall be ordered to
2489 pay a fine of $50,000.
2490 b. Is 100 grams or more, but less than 200 grams, such
2491 person shall be sentenced to a mandatory minimum term of
2492 imprisonment of 7 years, and the defendant shall be ordered to
2493 pay a fine of $100,000.
2494 c. Is 200 grams or more, such person shall be sentenced to
2495 a mandatory minimum term of imprisonment of 15 years, and the
2496 defendant shall be ordered to pay a fine of $500,000.
2497 3. A person who knowingly manufactures or brings into this
2498 state 400 grams or more of a substance described in sub
2499 subparagraph 1.a. or a mixture described in sub-subparagraph
2500 1.b., and who knows that the probable result of such manufacture
2501 or importation would be the death of any person commits capital
2502 manufacture or importation of a n-benzyl phenethylamine
2503 compound, a capital felony punishable as provided in ss. 775.082
2504 and 921.142. A person sentenced for a capital felony under this
2505 paragraph shall also be sentenced to pay the maximum fine under
2506 subparagraph 2.
2507 Section 26. Section 893.13501, Florida Statutes, is created
2508 to read:
2509 893.13501 Retroactive effect of amendments to ss. 893.03,
2510 89.013, and 893.135.—
2511 (1) It is the intent of the Legislature to retroactively
2512 apply changes to ss. 893.03, 89.013, and 893.135 made by this
2513 act which are applicable to offenders who committed offenses on
2514 or after the effective date of those provisions as originally
2515 enacted. A person who committed an offense and is currently in
2516 the custody of the Department of Corrections or subject to any
2517 form of supervision shall be resentenced as provided in
2518 subsection (2).
2519 (2) Sentence review under this section must occur in the
2520 following manner:
2521 (a) The Department of Corrections shall notify the person
2522 described in subsection (1) of his or her eligibility to request
2523 a sentence review hearing.
2524 (b) The person seeking sentence review under this section
2525 may submit an application to the court of original jurisdiction
2526 requesting that a sentence review hearing be held. The
2527 sentencing court retains original jurisdiction for the duration
2528 of the sentence for this purpose.
2529 (c) A person who is eligible for a sentence review hearing
2530 under this section is entitled to be represented by counsel. The
2531 court shall appoint a public defender to represent the person if
2532 he or she cannot afford an attorney.
2533 (d) Upon receiving an application from the eligible person,
2534 the court of original sentencing jurisdiction shall hold a
2535 sentence review hearing to determine if the eligible person
2536 meets the criteria for resentencing or release under this
2537 section.
2538 1. If the person has no further charges remaining, the
2539 person shall be released immediately.
2540 2. If the court determines at the sentence review hearing
2541 that the eligible person meets the criteria in this section for
2542 resentencing, the court must resentence the person as provided
2543 in this section; however, the new sentence may not exceed the
2544 person’s original sentence with credit for time served.
2545 3. If the court determines that such person does not meet
2546 the criteria for resentencing under this section, the court must
2547 provide written reasons why such person does not meet such
2548 criteria.
2549 (e) A person sentenced or resentenced pursuant to this
2550 section is eligible to receive any gain-time pursuant to s.
2551 944.275 which he or she was previously ineligible to receive due
2552 to the original offense that is now subject to resentencing.
2553 (3) This section does not apply to any offense which had
2554 violence or a threat of violence as an element of the offense.
2555 Section 27. Paragraphs (b), (e), (g), and (h) of subsection
2556 (3) of section 921.0022, Florida Statutes, are amended to read:
2557 921.0022 Criminal Punishment Code; offense severity ranking
2558 chart.—
2559 (3) OFFENSE SEVERITY RANKING CHART
2560 (b) LEVEL 2
2561
2562
2563 FloridaStatute FelonyDegree Description
2564 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
2565 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
2566 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
2567 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
2568 590.28(1) 3rd Intentional burning of lands.
2569 784.03(3) 3rd Battery during a riot or an aggravated riot.
2570 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
2571 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
2572 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
2573 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
2574 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
2575 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
2576 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
2577 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
2578 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
2579 817.234(1)(a)2. 3rd False statement in support of insurance claim.
2580 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
2581 817.52(3) 3rd Failure to redeliver hired vehicle.
2582 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
2583 817.60(5) 3rd Dealing in credit cards of another.
2584 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
2585 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
2586 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
2587 831.01 3rd Forgery.
2588 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
2589 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
2590 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
2591 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
2592 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
2593 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
2594 843.08 3rd False personation.
2595 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
2596 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
2597 (e) LEVEL 5
2598
2599
2600 FloridaStatute FelonyDegree Description
2601 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
2602 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
2603 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
2604 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
2605 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
2606 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
2607 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
2608 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
2609 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
2610 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
2611 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
2612 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
2613 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
2614 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
2615 790.01(2) 3rd Carrying a concealed firearm.
2616 790.162 2nd Threat to throw or discharge destructive device.
2617 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
2618 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
2619 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
2620 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
2621 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
2622 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
2623 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
2624 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
2625 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
2626 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
2627 812.019(1) 2nd Stolen property; dealing in or trafficking in.
2628 812.081(3) 2nd Trafficking in trade secrets.
2629 812.131(2)(b) 3rd Robbery by sudden snatching.
2630 812.16(2) 3rd Owning, operating, or conducting a chop shop.
2631 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
2632 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
2633 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
2634 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
2635 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
2636 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
2637 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
2638 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
2639 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
2640 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
2641 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
2642 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
2643 843.01 3rd Resist officer with violence to person; resist arrest with violence.
2644 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
2645 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
2646 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
2647 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
2648 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
2649 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
2650 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
2651 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
2652 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
2653 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
2654 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
2655 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
2656 (g) LEVEL 7
2657
2658
2659 FloridaStatute FelonyDegree Description
2660 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
2661 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
2662 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
2663 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
2664 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
2665 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
2666 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
2667 456.065(2) 3rd Practicing a health care profession without a license.
2668 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
2669 458.327(1) 3rd Practicing medicine without a license.
2670 459.013(1) 3rd Practicing osteopathic medicine without a license.
2671 460.411(1) 3rd Practicing chiropractic medicine without a license.
2672 461.012(1) 3rd Practicing podiatric medicine without a license.
2673 462.17 3rd Practicing naturopathy without a license.
2674 463.015(1) 3rd Practicing optometry without a license.
2675 464.016(1) 3rd Practicing nursing without a license.
2676 465.015(2) 3rd Practicing pharmacy without a license.
2677 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
2678 467.201 3rd Practicing midwifery without a license.
2679 468.366 3rd Delivering respiratory care services without a license.
2680 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
2681 483.901(7) 3rd Practicing medical physics without a license.
2682 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
2683 484.053 3rd Dispensing hearing aids without a license.
2684 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
2685 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
2686 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
2687 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
2688 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
2689 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
2690 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
2691 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
2692 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
2693 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
2694 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
2695 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
2696 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
2697 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
2698 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
2699 784.048(7) 3rd Aggravated stalking; violation of court order.
2700 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
2701 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
2702 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
2703 784.081(1) 1st Aggravated battery on specified official or employee.
2704 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
2705 784.083(1) 1st Aggravated battery on code inspector.
2706 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
2707 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
2708 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
2709 790.16(1) 1st Discharge of a machine gun under specified circumstances.
2710 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
2711 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
2712 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
2713 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
2714 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
2715 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
2716 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
2717 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
2718 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
2719 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
2720 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
2721 806.01(2) 2nd Maliciously damage structure by fire or explosive.
2722 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
2723 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
2724 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
2725 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
2726 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
2727 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
2728 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
2729 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
2730 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
2731 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
2732 812.131(2)(a) 2nd Robbery by sudden snatching.
2733 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
2734 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
2735 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
2736 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
2737 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
2738 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
2739 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
2740 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
2741 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
2742 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
2743 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
2744 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
2745 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
2746 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
2747 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
2748 838.015 2nd Bribery.
2749 838.016 2nd Unlawful compensation or reward for official behavior.
2750 838.021(3)(a) 2nd Unlawful harm to a public servant.
2751 838.22 2nd Bid tampering.
2752 843.0855(2) 3rd Impersonation of a public officer or employee.
2753 843.0855(3) 3rd Unlawful simulation of legal process.
2754 843.0855(4) 3rd Intimidation of a public officer or employee.
2755 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
2756 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
2757 872.06 2nd Abuse of a dead human body.
2758 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
2759 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
2760 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
2761 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
2762 893.13(3)(a) 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
2763 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
2764 893.135 (1)(a)1.a.893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
2765 893.135 (1)(b)1.a. 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
2766 893.135 (1)(b)2.a. 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
2767 893.135 (1)(b)2.b. 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
2768 893.135 (1)(b)3.a. 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
2769 893.135 (1)(b)3.b. 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
2770 893.135 (1)(b)4.b.(I) 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
2771 893.135 (1)(c)1.a. 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
2772 893.135(1)(d)1. 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
2773 893.135(1)(e)1. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
2774 893.135 (1)(h)1.a. 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
2775 893.135 (1)(g)1.a. 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
2776 893.135 (1)(i)1.a. 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
2777 893.135 (1)(j)2.a. 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
2778 893.135 (1)(l)2.a. 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
2779 893.135 (1)(l)2.b. 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
2780 893.135 (1)(m)2.a. 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
2781 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
2782 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
2783 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
2784 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
2785 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
2786 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
2787 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
2788 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
2789 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
2790 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
2791 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
2792 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
2793 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
2794 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
2795 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
2796 (h) LEVEL 8
2797
2798
2799 FloridaStatute FelonyDegree Description
2800 316.193 (3)(c)3.a. 2nd DUI manslaughter.
2801 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
2802 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2803 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
2804 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
2805 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
2806 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
2807 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
2808 777.03(2)(a) 1st Accessory after the fact, capital felony.
2809 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
2810 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
2811 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
2812 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
2813 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
2814 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
2815 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
2816 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
2817 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
2818 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
2819 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
2820 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
2821 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
2822 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
2823 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
2824 800.04(4)(b) 2nd Lewd or lascivious battery.
2825 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
2826 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
2827 810.02(2)(a) 1st,PBL Burglary with assault or battery.
2828 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
2829 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
2830 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
2831 812.13(2)(b) 1st Robbery with a weapon.
2832 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
2833 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
2834 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
2835 817.505(4)(c) 1st Patient brokering; 20 or more patients.
2836 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
2837 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
2838 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
2839 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
2840 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
2841 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
2842 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
2843 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
2844 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
2845 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
2846 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
2847 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
2848 860.16 1st Aircraft piracy.
2849 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
2850 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
2851 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
2852 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
2853 893.135 (1)(a)1.b. 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
2854 893.135 (1)(b)1.b. 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
2855 893.135 (1)(b)2.c. 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
2856 893.135 (1)(b)3.c. 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
2857 893.135 (1)(b)4.b.(II) 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
2858 893.135 (1)(c)1.b. 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
2859 893.135 (1)(d)1.b. 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
2860 893.135 (1)(e)1.b. 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
2861 893.135 (1)(f)1.b. 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
2862 893.135 (1)(g)1.b. 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
2863 893.135 (1)(i)1.b. 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
2864 893.135 (1)(j)2.b. 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
2865 893.135 (1)(l)2.c. 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
2866 893.135 (1)(m)2.b. 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
2867 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
2868 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
2869 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
2870 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
2871 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
2872 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
2873 Section 28. Except as otherwise expressly provided in this
2874 act, and except for this section which shall take effect upon
2875 becoming a law, this act shall take effect July 1, 2023.