Florida Statutes Title XLVI Chapter 893 - Drug Abuse Prevention And Control

• 893.01 - Short Title.
  This chapter shall be cited and known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”History.—s. 1, ch. 73-331.
• 893.02 - Definitions.
  The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:(1) “Administer” means the direct application of...
• 893.03 - Standards And Schedules.
  The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV,...
• 893.0301 - Death Resulting From Apparent Drug Overdose; Reporting Requirements.
  If a person dies of an apparent drug overdose:(1) A law enforcement agency shall prepare a report identifying each prescribed controlled substance listed in Schedule II,...
• 893.031 - Industrial Exceptions To Controlled Substance Scheduling.
  (1) For the purpose of this section, the following meanings of terms shall apply:(a) “Manufacture” means any process or operation necessary for manufacturing a product.(b) “Distribution” means any...
• 893.033 - Listed Chemicals.
  The chemicals listed in this section are included by whatever official, common, usual, chemical, or trade name designated.(1) PRECURSOR CHEMICALS.—The term “listed precursor chemical” means a...
• 893.035 - Control Of New Substances; Findings Of Fact; Delegation Of Authority To Attorney General To Control Substances By Rule.
  (1)(a) New substances are being created which are not controlled under the provisions of this chapter but which have a potential for abuse similar to or...
• 893.0355 - Control Of Scheduled Substances; Delegation Of Authority To Attorney General To Reschedule Substance, Or Delete Substance, By Rule.
  (1) The Legislature has determined that, from time to time, additional testings, approvals, or scientific evidence may indicate that controlled substances listed in Schedules I, II,...
• 893.0356 - Control Of New Substances; Findings Of Fact; “controlled Substance Analog” Defined.
  (1)(a) New substances are being created which are not controlled under the provisions of this chapter but which have a potential for abuse similar to or...
• 893.04 - Pharmacist And Practitioner.
  (1) A pharmacist, in good faith and in the course of professional practice only, may dispense controlled substances upon a written or oral prescription of a...
• 893.05 - Practitioners And Persons Administering Controlled Substances In Their Absence.
  (1) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a...
• 893.055 - Prescription Drug Monitoring Program.
  (1) As used in this section, the term:(a) “Patient advisory report” or “advisory report” means information provided by the department in writing, or as determined by the...
• 893.0551 - Public Records Exemption For The Prescription Drug Monitoring Program.
  (1) For purposes of this section, the terms used in this section have the same meanings as provided in s. 893.055.(2) The following information of a patient...
• 893.06 - Distribution Of Controlled Substances; Order Forms; Labeling And Packaging Requirements.
  (1) Controlled substances in Schedules I and II shall be distributed by a duly licensed manufacturer, distributor, or wholesaler to a duly licensed manufacturer, wholesaler, distributor,...
• 893.065 - Counterfeit-resistant Prescription Blanks For Controlled Substances Listed In Schedule Ii, Schedule Iii, Schedule Iv, Or Schedule V.
  The Department of Health shall develop and adopt by rule the form and content for a counterfeit-resistant prescription blank which must be used by practitioners...
• 893.07 - Records.
  (1) Every person who engages in the manufacture, compounding, mixing, cultivating, growing, or by any other process producing or preparing, or in the dispensing, importation, or,...
• 893.08 - Exceptions.
  (1) The following may be distributed at retail without a prescription, but only by a registered pharmacist:(a) Any compound, mixture, or preparation described in Schedule V.(b) Any compound,...
• 893.09 - Enforcement.
  (1) The Department of Law Enforcement, all state agencies which regulate professions or institutions affected by the provisions of this chapter, and all peace officers of...
• 893.10 - Burden Of Proof; Photograph Or Video Recording Of Evidence.
  (1) It is not necessary for the state to negative any exemption or exception set forth in this chapter in any indictment, information, or other pleading...
• 893.101 - Legislative Findings And Intent.
  (1) The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v. State, 684 So.2d 736 (Fla. 1996),...
• 893.105 - Testing And Destruction Of Seized Substances.
  (1) Any controlled substance or listed chemical seized as evidence may be sample tested and weighed by the seizing agency after the seizure. Any such sample...
• 893.11 - Suspension, Revocation, And Reinstatement Of Business And Professional Licenses.
  For the purposes of s. 120.60(6), any conviction in any court reported to the Comprehensive Case Information System of the Florida Association of Court Clerks...
• 893.12 - Contraband; Seizure, Forfeiture, Sale.
  (1) All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of...
• 893.13 - Prohibited Acts; Penalties.
  (1)(a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or...
• 893.135 - Trafficking; Mandatory Sentences; Suspension Or Reduction Of Sentences; Conspiracy To Engage In Trafficking.
  (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:(a) Any person who knowingly sells, purchases, manufactures, delivers, or...
• 893.1351 - Ownership, Lease, Rental, Or Possession For Trafficking In Or Manufacturing A Controlled Substance.
  (1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure,...
• 893.138 - Local Administrative Action To Abate Drug-related, Prostitution-related, Or Stolen-property-related Public Nuisances And Criminal Gang Activity.
  (1) It is the intent of this section to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities...
• 893.145 - “drug Paraphernalia” Defined.
  The term “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting,...
• 893.146 - Determination Of Paraphernalia.
  In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors,...
• 893.147 - Use, Possession, Manufacture, Delivery, Transportation, Advertisement, Or Retail Sale Of Drug Paraphernalia.
  (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:(a) To plant, propagate, cultivate,...
• 893.149 - Unlawful Possession Of Listed Chemical.
  (1) It is unlawful for any person to knowingly or intentionally:(a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;(b) Possess or distribute a...
• 893.1495 - Retail Sale Of Ephedrine And Related Compounds.
  (1) For purposes of this section, the term “ephedrine or related compounds” means ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of...
• 893.15 - Rehabilitation.
  Any person who violates s. 893.13(6)(a) or (b) relating to possession may, in the discretion of the trial judge, be required to participate in a...
• 893.165 - County Alcohol And Other Drug Abuse Treatment Or Education Trust Funds.
  (1) Counties in which there is established or in existence a comprehensive alcohol and other drug abuse treatment or education program which meets the standards for...
• 893.20 - Continuing Criminal Enterprise.
  (1) Any person who commits three or more felonies under this chapter in concert with five or more other persons with respect to whom such person...
• 893.21 - Drug-related Overdoses; Medical Assistance; Immunity From Prosecution.
  (1) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant...

Last modified: September 23, 2016