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A bill to be entitled 1
An act relating to legalization of recreational 2
marijuana; amending s. 20.14, F.S.; establishing the 3
Division of Cannabis Management under the Department 4
of Agriculture and Consumer Services; creating ch. 5
566, F.S., entitled "Recreational Marijuana"; 6
providing definitions relating to regulation of 7
recreational marijuana; exempting certain activities 8
involving marijuana from use and possession offenses; 9
authorizing persons age 21 and over to engage in 10
certain activities involving personal use of marijuana 11
in limited amounts; providing limits on where persons 12
may engage in specified activities; prohibiting the 13
use of false identification by persons under 21 years 14
of age for specified activities relating to 15
recreational marijuana; providing noncriminal 16
penalties; providing for alternative sentencing; 17
providing for licensure of marijuana establishments 18
that may engage in the manufacture, possession, or 19
purchase of marijuana, marijuana products, and 20
marijuana accessories or sell marijuana, marijuana 21
products, or marijuana accessories to a consumer; 22
specifying duties of the Division Cannabis Management; 23
providing for enforcement of regulatory provisions; 24
authorizing agreements with other entities for certain 25
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enforcement activities; requiring an annual report; 26
providing for licensing of marijuana establishments; 27
providing for a licenses process; providing limits on 28
the number of retail marijuana stores in localities 29
based on population; providing standards for 30
prospective licensees; providing requirements for 31
marijuana establishments; providing restrictions on 32
the location of marijuana establishments; prohibiting 33
certain activities by marijuana establishments; 34
providing procedures when a marijuana establishment's 35
license expires; authorizing localities to prohibit 36
one or more types of marijuana establishments through 37
local ordinance; authorizing localities to specify an 38
entity within the locality to be responsible for 39
processing applications for a license to operate a 40
marijuana establishment; providing for submission of 41
applications to localities if the division has not 42
issued establishment licenses by a specified date; 43
specifying duties of the Attorney General concerning 44
federal subpoenas; providing an exemption from 45
specified provisions for marijuana research; 46
specifying that the chapter does not apply to employer 47
drug policies or operating under the influence laws; 48
specifying that the chapter does not allow persons 49
under 21 years of age to engage in activities 50
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permitted therein; providing that the rights of 51
property owners are not affected; authorizing 52
rulemaking; specifying that conduct allowed by the 53
chapter may not be considered the basis for the 54
finding of a lack of good moral character as that term 55
is used in law; providing criminal penalties for 56
violations; creating s. 570.551, F.S.; providing 57
duties of the Division of Cannabis Management; 58
providing that the director of the division be 59
appointed by, and serve at the pleasure of, the 60
Commissioner of the Department of Agriculture and 61
Consumer Services; providing that the director of the 62
division shall perform specified activities of the 63
division, exercise certain powers and duties as 64
authorized by the commissioner, and enforce specified 65
provisions and rules as authorized by the department; 66
creating s. 570.552, F.S.; p roviding for emergency 67
rulemaking; requiring the division to undertake 68
rulemaking by a specified date; amending s. 500.03, 69
F.S.; providing that marijuana establishments that 70
sell food containing marijuana are considered food 71
service establishments for the purposes of specified 72
regulations; creating s. 500.105, F.S.; specifying 73
that food products containing marijuana that are 74
prepared in permitted food establishments and sold by 75
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certain marijuana establishments are not considered 76
adulterated; amending s. 562 .13, F.S.; providing that 77
it is unlawful for marijuana establishments to employ 78
persons under 18 years of age; amending s. 569.0073, 79
F.S.; exempting licensed marijuana establishments from 80
specified provisions regulating the sale of pipes and 81
smoking devices; amending s. 893.03, F.S.; removing 82
cannabis from the schedule of controlled substances; 83
amending ss. 893.13 and 893.135, F.S.; providing that 84
conduct authorized under chapter 566, F.S., is not 85
prohibited by specified controlled substance 86
prohibitions; removing restrictions of possession and 87
sale of cannabis; creating s. 893.13501, F.S.; 88
providing for retroactive effect of amendments to ss. 89
893.03, 89.013, and 893.135, F.S., by this act; 90
providing for sentencing review for certain offenders; 91
requiring notice to certain offenders; providing 92
procedures for resentencing or release of offenders; 93
providing exceptions; amending s. 921.0022, F.S.; 94
conforming provisions to changes made by the act; 95
providing effective dates. 96
97
Be It Enacted by the Legislature of the State of Florida: 98
99
Section 1. Paragraph (m) is added to subsection (2) of 100
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section 20.14, Florida Statutes, to read: 101
20.14 Department of Agriculture and Consumer Services. —102
There is created a Department of Agriculture and Consumer 103
Services. 104
(2) The following divisions of the Department of 105
Agriculture and Consumer Services are established: 106
(m) Cannabis Management. 107
Section 2. Chapter 566, Florida Statutes, consisting of 108
ss. 566.031 through 566.043, is created and entitled, 109
"Recreational Marijuana." 110
Section 3. Section 566.031, Florida Statutes, is created 111
to read: 112
566.031 Definitions. —As used in this part, the term: 113
(1) "Consumer" means a person 21 years of age or older who 114
purchases marijuana or marijuana products for personal use by 115
persons 21 years of age or older, but not for resale to others. 116
(2) "Department" means the Department Agriculture and 117
Consumer Services. 118
(3) "Division" means the Division of Cannabis Management. 119
(4) "Licensee" means any individual, partnership, 120
corporation, firm, association, or other legal entity holding a 121
marijuana establishment license within the state. 122
(5) "Locality" means a municipality or, in reference to a 123
location in the unorganized territory, the county in which that 124
locality is located. 125
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(6) "Marijuana" means all parts of the plant of the genus 126
cannabis, whether growing or not, the seeds thereof, the resin 127
extracted from any part of the plant, and every compound, 128
manufacture, salt, derivative, mixture, or preparation of the 129
plant, its seeds, or its resin, including marijuana concentrate. 130
The term does not include industrial hemp; fiber produced from 131
the stalks, oil, cake made from the seeds of the plant; 132
sterilized seeds of the plant that are incapable of germination; 133
or the weight of any in gredient combined with marijuana to 134
prepare topical or oral administrations, food, drink, or any 135
other product. 136
(7) "Marijuana accessories" means equipment, products, or 137
materials of any kind that are used, intended, or designed for 138
use in planting, propagating, cultivating, growing, harvesting, 139
composting, manufacturing, compounding, converting, producing, 140
processing, preparing, testing, analyzing, packaging, 141
repackaging, storing, vaporizing, or containing marijuana or for 142
ingesting, inhaling, or oth erwise introducing marijuana into the 143
human body. 144
(8) "Marijuana consumption site" means an entity licensed 145
to purchase marijuana from a marijuana cultivation facility and 146
marijuana products from a marijuana product manufacturing 147
facility and to sell mar ijuana and marijuana products to 148
consumers for consumption on the premises. 149
(9) "Marijuana cultivation facility" means an entity 150
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licensed to cultivate, prepare, and package and sell marijuana 151
to marijuana consumption sites, retail marijuana stores, to 152
marijuana product manufacturing facilities, and to other 153
marijuana cultivation facilities, but not to consumers . 154
(10) "Marijuana establishment" means a marijuana 155
consumption site, marijuana cultivation facility, marijuana 156
testing facility, marijuana produc t manufacturing facility, or 157
retail marijuana store . 158
(11) "Marijuana product manufacturing facility" means an 159
entity licensed to: 160
(a) Purchase marijuana; 161
(b) Manufacture, prepare, and package marijuana products; 162
or 163
(c) Sell marijuana and marijuana products to other 164
marijuana product manufacturing facilities and to marijuana 165
consumption sites and retail marijuana stores, but not to 166
consumers. 167
(12) "Marijuana products" means concentrated marijuana and 168
products that consist of marijuana and other ing redients and are 169
intended for use or consumption, including, but not limited to, 170
edible products, ointments, and tinctures. 171
(13) "Marijuana testing facility" means an entity licensed 172
to analyze and certify the safety and potency of marijuana. 173
(14) "Minor" means a person under 21 years of age. 174
(15) "Retail marijuana store" means an entity licensed to 175
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purchase marijuana from a marijuana cultivation facility and 176
marijuana products from a marijuana product manufacturing 177
facility and to sell marijuana and marijuana products to 178
consumers for consumption off the premises. 179
(16) "Seedling" means a marijuana plant that has no 180
flowers, is less than 12 inches in height, and is less than 12 181
inches in diameter. 182
Section 4. Section 566.032, Florida Statutes, is created 183
to read: 184
566.032 Exemption from criminal and noncriminal penalties, 185
seizure, or forfeiture. —Notwithstanding chapter 893 or any other 186
provision of law, and except as provided in this part, the 187
actions specified in this part are legal under the law s of this 188
state and do not constitute a civil or criminal offense under 189
the laws of this state or the law of any political subdivision 190
within this state or serve as a basis for seizure or forfeiture 191
of assets under state law. 192
Section 5. Section 566.033 , Florida Statutes, is created 193
to read: 194
566.033 Personal use of marijuana. — 195
(1) A person who is 21 years of age or older may: 196
(a) Use, possess, or transport marijuana accessories and 197
up to 2.5 ounces of marijuana. 198
(b) Transfer or furnish, without r emuneration, up to 2.5 199
ounces of marijuana and up to 6 seedlings to a person who is 21 200
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years of age or older. 201
(c) Possess, grow, cultivate, process, or transport up to 202
6 marijuana plants, including seedlings, and possess the 203
marijuana produced by the mar ijuana plants on the premises where 204
the plants were grown. 205
(d) Purchase up to 2.5 ounces of marijuana, up to 6 206
seedlings, and marijuana accessories from a retail marijuana 207
store. 208
(2) The following apply to the cultivation of marijuana 209
for personal use by a person who is 21 years of age or older: 210
(a) A person may cultivate up to 6 marijuana plants, 211
including seedlings, at that person's place of residence, on 212
property owned by that person, or on another person's property 213
with permission of the owner of the other property. 214
(b) A person who elects to cultivate marijuana shall take 215
reasonable precautions to ensure the plants are secure from 216
unauthorized access or access by a person under 21 years of age. 217
Reasonable precautions include, but are not limited to, 218
cultivating marijuana in a fully enclosed secure outdoor area, 219
locked closet, or locked room inaccessible to persons under 21 220
years of age. 221
(3) A person may smoke or ingest marijuana in a nonpublic 222
place, including, but not limited to, a private res idence. 223
(a) This subsection does not permit a person to consume 224
marijuana in a manner that endangers others. 225
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(b) Except as otherwise provided in this chapter, the 226
prohibitions and limitations on smoking tobacco products in 227
specified areas in part II of chapter 386 apply to marijuana. 228
(c) Except as otherwise provided in this chapter, a person 229
who smokes marijuana in a public place other than as governed by 230
part II of chapter 386 commits a noncriminal violation subject 231
to a civil penalty of $100. 232
Section 6. Section 566.0331, Florida Statutes, is created 233
to read: 234
566.0331 False identification. — 235
(1) A minor may not present or offer to a marijuana 236
establishment or the marijuana establishment's agent or employee 237
any written or oral evidence of age that is false, fraudulent, 238
or not actually the minor's own for the purpose of: 239
(a) Ordering, purchasing, attempting to purchase, or 240
otherwise procuring or attempting to procure marijuana; or 241
(b) Gaining access to marijuana. 242
(2)(a) A minor who violat es subsection (1) commits: 243
1. For a first offense, a noncriminal violation subject to 244
a civil penalty of at least $200 and not more than $400. 245
2. For a second offense, a noncriminal violation subject 246
to a civil penalty of at least $300 and not more tha n $600, 247
which may only be suspended as provided in paragraph (b). 248
3. For a third or subsequent offense, a noncriminal 249
violation subject to a civil penalty of $600, which may only be 250
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suspended as provided in paragraph (b). 251
252
When a minor is adjudged to hav e committed a first offense under 253
subsection (1), the judge shall inform that minor that the 254
noncriminal penalties for the second and subsequent offenses are 255
mandatory and may only be suspended as provided in paragraph 256
(b). Failure to inform the minor that subsequent noncriminal 257
penalties are mandatory is not a ground for suspension of any 258
subsequent civil penalty. 259
(b) A judge, as an alternative to or in addition to the 260
noncriminal penalties specified in paragraph (a), may assign the 261
minor to perform spec ified work for the benefit of the state, 262
the municipality, or other public entity or a charitable 263
institution for no more than 40 hours for each violation. 264
Section 7. Section 566.034, Florida Statutes, is created 265
to read: 266
566.034 Marijuana establishm ents.— 267
(1) A marijuana establishment may engage in the 268
manufacture, possession, or purchase of marijuana, marijuana 269
products, and marijuana accessories and sell marijuana, 270
marijuana products, or marijuana accessories to a consumer as 271
described in this su bsection. 272
(a) A marijuana consumption site or retail marijuana store 273
may: 274
1. Possess, display, or transport marijuana, marijuana 275
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products, or marijuana accessories. 276
2. Purchase marijuana from a marijuana cultivation 277
facility. 278
3. Purchase marijuana or marijuana products from a 279
marijuana product manufacturing facility. 280
4. Sell marijuana, marijuana products, or marijuana 281
accessories to consumers. 282
(b) A marijuana consumption site may: 283
1. Notwithstanding any other law, allow smoking of 284
marijuana products, but not vaping as defined in s. 386.203. 285
2. Allow ingestion of marijuana products. 286
3. Sell prepared food containing marijuana or marijuana 287
products for consumption on the premises. 288
a. A marijuana consumption site that sells prepared food 289
much comply with all public food service establishment 290
requirements under Part I of Chapter 509. 291
b. Prepared food is not required to be served in a sealed 292
container. 293
c. Prepared food may only be taken off premises if it is 294
in a container clearly marked as containing THC. 295
4. Be located in the same facility as a licensed retail 296
marijuana store, if the licensee for the marijuana consumption 297
site and retail marijuana store is the same. 298
(c) A marijuana cultivation facility may: 299
1. Cultivate, harvest, process, package, transport, 300
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display, or possess marijuana. 301
2. Deliver or transfer marijuana to a marijuana testing 302
facility. 303
3. Sell marijuana to another marijuana cultivation 304
facility, a marijuana product manufacturing facilit y, or a 305
retail marijuana store. 306
4. Purchase marijuana from another marijuana cultivation 307
facility. 308
(d) A marijuana product manufacturing facility may: 309
1. Package, process, transport, manufacture, display, or 310
possess marijuana or marijuana products. 311
2. Deliver or transfer marijuana or marijuana products to 312
a marijuana testing facility. 313
3. Sell marijuana or marijuana products to a marijuana 314
consumption site, retail marijuana store, or marijuana product 315
manufacturing facility. 316
4. Purchase marijuana from a marijuana cultivation 317
facility. 318
5. Purchase marijuana or marijuana products from a 319
marijuana product manufacturing facility. 320
(e) A marijuana testing facility may possess, cultivate, 321
process, repackage, store, transport, display, transfer, or 322
deliver marijuana or marijuana products. 323
324
A marijuana establishment may lease or otherwise allow the use 325
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of property owned, occupied, or controlled by a person, 326
corporation, or other entity for any of the activities conducted 327
lawfully in accordance with this subsection. 328
(2) This section does not prevent the imposition of 329
penalties for violating this chapter or state or local rules 330
adopted pursuant to this chapter. 331
Section 8. Section 566.035, Florida Statutes, is created 332
to read: 333
566.035 Duties of the division.—The division shall: 334
(1) Enforce the laws and rules relating to the 335
manufacturing, processing, labeling, storing, transporting, 336
testing, and selling of marijuana by marijuana establishments 337
and administer those laws relating to licensing and the 338
collection of taxes. 339
(2) Adopt rules consistent with this chapter for the 340
administration and enforcement of laws regulating and licensing 341
marijuana establishments. 342
(3) If determined necessary by the division, enter into a 343
memorandum of understanding w ith the Department of Law 344
Enforcement, a county sheriff, or other state or municipal law 345
enforcement agency to perform inspections of marijuana 346
establishments. 347
(4) Issue marijuana consumption site, marijuana 348
cultivation facility, marijuana testing facility, marijuana 349
product manufacturing facility, and retail marijuana store 350
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licenses. 351
(5) Prevent the sale of marijuana by licensees to minors 352
and intoxicated persons. 353
(6) Ensure that licensees have access to the provisions of 354
this chapter and other laws and rules governing marijuana in 355
accordance with this section. 356
(7) Post on the department's publicly accessible website 357
this chapter and all rules adopted unde r this chapter. The 358
division shall notify all licensees of changes in the law and 359
rules through a publicly accessible website posting within 90 360
days after adjournment of each session of the Legislature. The 361
division shall update the posting on the departme nt's publicly 362
accessible website to reflect new laws and rules before the 363
effective date of the laws and rules. 364
(8) Certify monthly to the Chief Financial Officer a 365
complete statement of revenues and expenses for licenses issued 366
and for revenues collecte d by the division and submit an annual 367
report that includes a complete statement of the revenues and 368
expenses for the division to the Governor, the President of the 369
Senate, and the Speaker of the House of Representatives. 370
(9) Suspend or revoke the licens e of a licensee in 371
accordance with rules adopted by the division. A marijuana 372
establishment with a license that is suspended or revoked 373
pursuant to this subsection may: 374
(a) Continue to possess marijuana during the time its 375
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license is suspended, but may n ot dispense, transfer, or sell 376
marijuana. If the marijuana establishment is a marijuana 377
cultivation facility, it may continue to cultivate marijuana 378
plants during the time its license is suspended. Marijuana may 379
not be removed from the licensed premises ex cept as authorized 380
by the division and only for the purpose of destruction. 381
(b) Possess marijuana for up to 7 days after revocation of 382
its license, during which time the marijuana establishment shall 383
dispose of its inventory of marijuana in accordance wi th 384
division rules. 385
(10) Beginning January 15, 2024, and annually thereafter, 386
report to the committees of each house of the Legislature having 387
jurisdiction over marijuana regulation. The report must include, 388
but is not limited to, all rules adopted by the division and 389
statistics regarding the number of marijuana establishment 390
applications received, and licensed. 391
Section 9. Section 566.036, Florida Statutes, is created 392
to read: 393
566.036 Licensing of marijuana establishments. — 394
(1) An applicant for a marijuana establishment license 395
shall file an application in the form required by the division 396
for the type of marijuana establishment license sought. The 397
division shall begin accepting and processing applications by 398
August 1, 2023. 399
(2) Upon receiving an application for a marijuana 400
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establishment license, the division shall immediately forward a 401
copy of the application to the locality in which the applicant 402
desires to operate. 403
(3) The division shall issue or renew a license to operate 404
a marijuana establishment to an applicant who meets the 405
requirements of the division as set forth in rule and in 406
subsection (9) within 90 days after the date of receipt of the 407
application unless: 408
(a) The division finds the applicant is not in compliance 409
with this section or rules adopted by the division; 410
(b) The division is notified by the relevant locality that 411
the applicant is not in compliance with an ordinance, rule, or 412
regulation in effect at the time of application; or 413
(c) The number of marijuana establishments al lowed in the 414
locality has been limited pursuant to s. 566.037 or is limited 415
by subsection (5) and the division has already licensed the 416
maximum number of marijuana establishments allowed in the 417
locality for the category of license that is sought. 418
(4) The following shall control when more than one 419
application is received by the division for establishment of a 420
marijuana establishment in the same locality: 421
(a) If a greater number of applications are received from 422
qualified applicants to operate a marijuana establishment in a 423
locality than are allowed under the limits enacted by the 424
locality pursuant to s. 566.037 or pursuant to subsection (5), 425
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the division shall solicit and consider input from the locality 426
regarding the locality's preference or preferences for 427
licensure. Within 90 days after the date that the first 428
application is received, the division shall issue the maximum 429
number of applicable licenses for each type of marijuana 430
establishment license application received. 431
(b) In a competitive applicatio n process to determine 432
which applicants will receive licenses for a marijuana 433
establishment, the division shall give preference to: 434
1. An applicant who has at least 1 year of previous 435
experience in operating another business in this state in 436
compliance with state law. 437
2. An applicant who is a minority business enterprise, as 438
defined in s. 288.703. 439
(c) The division may not grant a license for a marijuana 440
establishment to a licensee who has already received a license 441
to operate the same type of marijuan a establishment if doing so 442
would prevent another qualified applicant from receiving a 443
license. 444
(5) Unless the locality has prohibited marijuana 445
consumption sites or retail marijuana stores or has enacted a 446
lower limit on the number of such marijuana est ablishments, the 447
division shall license no more than: 448
(a) One such marijuana establishment per each 5,000 449
persons in a locality with a population over 20,000. 450
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(b) Two such marijuana establishments in a locality with a 451
population of at least 5,001 but l ess than 20,000. 452
(c) One such marijuana establishments in a locality with a 453
population of at least 2,000 but less than 5,001. 454
455
The division may license one marijuana consumption sites or 456
retail marijuana store in a locality where the population is 457
less than 2,000 if the municipality or county commissioners for 458
the locality has not prohibited such marijuana establishments. 459
The division may grant a locality's request to allow additional 460
marijuana consumption sites or retail marijuana stores. The 461
division may consider the impact of seasonal population or 462
tourism and other related information provided by the locality 463
requesting an additional marijuana establishment location. 464
(6) Upon denial of an application, the division shall 465
notify the applicant in writin g of the specific reason for its 466
denial. 467
(7) All licenses under this part are valid for 1 year from 468
the date of issuance. 469
(8) A prospective licensee as a marijuana establishment: 470
(a) May not have been convicted of a disqualifying drug 471
offense. For purposes of this section, "disqualifying drug 472
offense" means a conviction for a violation of a state or 473
federal controlled substance law that is a crime punishable by 474
imprisonment for 1 year or more. It does not include an offense 475
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for which the sentence, inc luding any term of probation, 476
incarceration, or supervised release, was completed 10 or more 477
years before application for licensure or an offense that 478
consisted of conduct that would be permitted under this part. 479
(b) May not have had a previous license r evoked for a 480
marijuana establishment. 481
(c) If the applicant is a corporation, may not be issued a 482
license if any of the principal officers of the corporation 483
would be personally ineligible under paragraph (a) or paragraph 484
(b). 485
(9) A marijuana establishm ent: 486
(a) May not be located within 500 feet of the property 487
line of a preexisting public or private school. The distance 488
must be measured from the main entrance of the marijuana 489
establishment to the main entrance of the school by the ordinary 490
course of travel. 491
(b) Shall implement appropriate security measures, 492
consistent with rules issued by the division, that are designed 493
to prevent: 494
1. Unauthorized entrance into areas containing marijuana. 495
2. The theft of marijuana located on the premises or in 496
transit to or from the premises by the licensee. 497
3. Tampering with or adulteration of the marijuana 498
products. 499
4. Unauthorized access to marijuana or marijuana 500
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accessories. 501
5. Access to marijuana by or sales of marijuana to minors. 502
(c) Shall prepare and maintain documents that include 503
procedures for the oversight of all aspects of operations and 504
procedures to ensure accurate record keeping. 505
(d) Shall make available for inspection its license at the 506
premises to which that license applies. A licensee may not 507
refuse a representative of the division the right at any time to 508
inspect the entire licensed premises or to audit the books and 509
records of the licensee. 510
(e) May not sell marijuana to a minor or to a visibly 511
intoxicated person. 512
(f) If the licensee is a retail marijuana store, it may 513
not allow a minor to enter or remain on the premises unless the 514
minor is an employee of the division, a law enforcement officer, 515
emergency personnel, or a contractor performing work on the 516
facility that is not direct ly related to marijuana, such as 517
installing or maintaining security devices or performing 518
electrical wiring. 519
(g) If the licensee is a marijuana consumption site, it 520
may not allow a minor to enter or remain on the premises unless 521
the minor is an employee of the licensee, an employee of the 522
division, a law enforcement officer, emergency personnel, or a 523
contractor performing work on the facility that is not directly 524
related to marijuana, such as installing or maintaining security 525
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devices or performing electr ical wiring. 526
(h) If the licensee is a marijuana consumption site, it 527
must have a conspicuously displayed sign warning about the 528
delayed effects of ingesting THC products. 529
(i) If the licensee is a marijuana consumption site, it 530
may not restrict taxi or transportation network company drivers 531
from providing transportation services to customers. This 532
paragraph may not be construed to require the licensee to pay 533
for such transportation services. 534
(j) May not sell marijuana between the hours of 1 a.m. and 535
6 a.m. 536
(k) May not employ as a manager or leave in charge of the 537
licensed premises any person who, by reason of conviction for a 538
disqualifying drug offense or because of a revocation of that 539
person's marijuana establishment license, is not eligible for a 540
marijuana establishment license. 541
(l) If a marijuana consumption site or retail marijuana 542
store, may not offer any free merchandise, a rebate, or a gift 543
to a consumer. 544
(m) If a retail marijuana store, may only sell or furnish 545
marijuana to a consumer from the premises licensed by the 546
department. A retail marijuana store may not, either directly or 547
indirectly, by any agent or employee, travel from locality to 548
locality, or from place to place within the same locality, 549
selling, bartering, carrying for sale, o r exposing for sale 550
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marijuana from a vehicle. 551
(10) A person who intentionally provides false information 552
on an application for a marijuana establishment license violates 553
s. 837.06. 554
(11) When a licensee's license expires: 555
(a) A licensee who unintentio nally fails to renew a 556
license upon its expiration date and continues to engage in 557
activities allowed by s. 566.034 may not be charged with illegal 558
sales for a period of 7 days after the expiration date. A 559
licensee who continues to make sales of marijuana after having 560
been properly notified of the expired license may be charged 561
with illegally selling marijuana. 562
(b) At least 30 days before expiration of a licensee's 563
license issued pursuant to this part, the division shall notify 564
the licensee by the most ex pedient means available: 565
1. That the licensee's license is scheduled to expire. 566
2. The date of expiration. 567
3. That all sales of marijuana must be suspended after the 568
date of expiration and remain suspended until the license is 569
properly renewed. 570
571
Failure by the division to notify a licensee pursuant to this 572
paragraph does not excuse a licensee from being charged with a 573
violation of this part. 574
Section 10. Effective upon this act becoming a law, 575
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section 566.037, Florida Statutes, is created to read: 576
566.037 Local control. — 577
(1) A locality may prohibit the operation of one or more 578
types of marijuana establishments through the enactment of an 579
ordinance. 580
(2) If a locality does not prohibit the operation of a 581
marijuana establishment pursuant to subse ction (1), the 582
following apply: 583
(a) No later than September 1, 2023, a locality may enact 584
an ordinance or regulation specifying the entity within the 585
locality that is responsible for processing applications 586
submitted for a licensee to operate a marijuana establishment 587
within the boundaries of the locality. The locality may provide 588
that the entity may issue such licenses if issuance by the 589
locality becomes necessary because of a failure by the division 590
to adopt rules pursuant to s. 566.035 or because of a failure by 591
the division to process and issue licenses as required by s. 592
566.036. 593
(b) A locality may enact ordinances, rules, or regulations 594
pursuant to this paragraph as long as those ordinances, rules, 595
or regulations do not conflict with this section or with rules 596
issued pursuant to s. 566.035. The ordinances may: 597
1. Govern the time, place, and manner of operations and 598
number of marijuana establishments. 599
2. Establish procedures for the issuance, suspension, and 600
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revocation of a license issued by the l ocality in accordance 601
with paragraph (c) or paragraph (d). 602
3. Establish a schedule of annual operating, licensing, 603
and application fees for a marijuana establishment. This 604
subparagraph applies only if the application fee or licensing 605
fee is submitted to a locality in accordance with paragraph (c) 606
or paragraph (d). 607
4. Establish noncriminal penalties for violation of an 608
ordinance, rule, or regulation governing the time, place, and 609
manner that a marijuana establishment may operate in that 610
locality. 611
(c) If the division does not begin issuing licenses by 612
January 1, 2024, an applicant may submit an application directly 613
to the locality in which it wants to operate. A locality that 614
receives an application pursuant to this paragraph shall issue a 615
license to an applicant within 90 days after receipt of the 616
application unless the locality finds, and notifies the 617
applicant, that the applicant is not in compliance with an 618
ordinance, rule, or regulation made pursuant to s. 566.035 or 619
paragraph (b) in effect at the ti me of application. The locality 620
shall notify the division if the locality issues an annual 621
license to the applicant. 622
(d) If the division does not issue a license to an 623
applicant within 90 days after receipt of the application filed 624
in accordance with s. 566.036 and does not notify the applicant 625
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of the specific reason for denial, in writing and within 90 days 626
after receipt of the application, the applicant may resubmit its 627
application directly to the locality and the locality may issue 628
an annual license to the applicant. A locality issuing a license 629
to an applicant shall do so within 90 days after receipt of the 630
resubmitted application unless the locality finds, and notifies 631
the applicant, that the applicant is not in compliance with an 632
ordinance, rule, or regulation made pursuant to s. 566.035 or 633
paragraph (b) in effect at the time the application is 634
resubmitted. The locality shall notify the division if the 635
locality issues an annual license to the applicant. 636
(e) A license issued by a locality in accordan ce with 637
paragraph (c) or paragraph (d) has the same effect as a license 638
issued by the division in accordance with s. 566.036 and the 639
holder of that license is not subject to regulation or 640
enforcement by the division during the term of that license. A 641
subsequent or renewed license may be issued under this paragraph 642
on an annual basis if the division has not adopted rules 643
required by s. 566.035 at least 90 days before the date upon 644
which such subsequent or renewed license would be effective, or 645
if the division has adopted rules pursuant to 566.042 but has 646
not, at least 90 days after the adoption of those rules, issued 647
any marijuana establishment licenses pursuant to s. 566.036. 648
Section 11. Section 566.038, Florida Statutes, is created 649
to read: 650
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566.038 Defense of state law.—The Attorney General shall 651
to the best of the abilities of the office and in good faith 652
advocate to quash any federal subpoena for records involving 653
marijuana establishments. 654
Section 12. Section 566.039, Florida Statutes, is created 655
to read: 656
566.039 Research.—Notwithstanding the provisions of this 657
part regulating the distribution of marijuana, a scientific or 658
medical researcher who has previously published peer -reviewed 659
research may purchase, possess, and securely store marijuana f or 660
purposes of conducting research. A scientific or medical 661
researcher may administer and distribute marijuana to a 662
participant in research who is at least 21 years of age after 663
receiving informed consent from that participant. 664
Section 13. Section 566. 041, Florida Statutes, is created 665
to read: 666
566.041 Construction. — 667
(1) EMPLOYMENT POLICIES. —This chapter does not require an 668
employer to permit or accommodate the use, consumption, 669
possession, transfer, display, transportation, sale, or growing 670
of marijuana in the workplace or to affect the ability of 671
employers to have policies restricting the use of marijuana by 672
their employees. 673
(2) OPERATING UNDER THE INFLUENCE. —This chapter does not 674
exempt a person from the laws prohibiting operating under the 675
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influence under chapter 316 or chapter 327. 676
(3) TRANSFER TO MINOR. —This chapter does not permit the 677
transfer of marijuana, with or without remuneration, to a minor 678
or to allow a minor to purchase, possess, use, transport, grow, 679
or consume marijuana. 680
(4) RESTRICTION ON USE OF PROPERTY. —This chapter does not 681
prohibit a person, employer, school, hospital, detention 682
facility, corporation, or other entity that occupies, owns, or 683
controls real property from prohibiting or otherwise regulating 684
the possession, consu mption, use, display, transfer, 685
distribution, sale, transportation, or growing of marijuana on 686
or in that real property. 687
(5) COMPASSIONATE USE OF LOW -THC CANNABIS.—This chapter 688
does not apply to the compassionate use of low -THC cannabis 689
under s. 381.986. 690
Section 14. Section 566.042, Florida Statutes, is created 691
to read: 692
566.042 Rulemaking. —The division shall adopt any rules 693
necessary to administer and enforce the provisions of this 694
chapter. 695
Section 15. Section 566.043, Florida Statutes, is creat ed 696
to read: 697
566.043 Good moral character. —Engaging in conduct allowed 698
by this chapter may not be the basis for a finding of a lack of 699
good moral character as that term is used in the Florida 700
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Statutes. 701
Section 16. Section 566.044, Florida Statutes, is created 702
to read: 703
566.044 Penalties for violations. -It is unlawful for any 704
person to violate any provision of the this chapter, and any 705
person who violates any provision of the this chapter for which 706
no penalty has been provided commits misdemeanor of th e second 707
degree, punishable as provided in s. 775.082 or s. 775.083; 708
provided, that any person who shall have been convicted of a 709
violation of any provision of this chapter and shall thereafter 710
be convicted of a second or subsequent violation, commits a 711
felony of the third degree, punishable as provided in s. 712
775.082, s. 775.083, or s. 775.084. 713
Section 17. Section 570.551, Florida Statutes, is created 714
to read: 715
570.551 Division of Cannabis Management. - 716
(1) The duties of the Division of Cannabis Manag ement 717
include, but are not limited to, administering and enforcing the 718
powers and responsibilities of the division as prescribed in 719
chapter 566 and the rules adopted thereunder. 720
(2) The director of the division shall be appointed by, 721
and serve at the ple asure of, the commissioner. The director 722
shall supervise, direct, and coordinate activities of the 723
division; exercise such powers and duties as authorized by the 724
commissioner; and enforce the provisions of chapter 566 and the 725
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rules adopted thereunder, and any other powers and duties as 726
authorized by the department. 727
Section 18. Effective upon this act becoming a law, 728
section 570.552, Florida Statues is created to read: 729
570.551 Emergency Rulemaking. - 730
(1) By June 1, 2023, the Division Cannabis Management of 731
the Department Agriculture and Consumer Services shall adopt 732
emergency rules for the administration and the enforcement of 733
laws regulating and licensing marijuana establishments pursuant 734
to chapter 566, Florida Statutes, as created by this ac t. These 735
rules must be developed by the division and may not be 736
contracted out to an entity outside the division. These rules 737
may not prohibit the operation of marijuana establishments, 738
either expressly or through restrictions that make the operation 739
of marijuana establishments unreasonably impracticable. As used 740
in this section, "unreasonably impracticable" means that the 741
measures necessary to comply with the rules require such a high 742
investment of risk, money, time, or other resource or asset that 743
the operation of a marijuana establishment is not worthy of 744
being carried out in practice by a reasonably prudent 745
businessperson. 746
(2) Rules adopted pursuant to this section must include: 747
(a) Provisions for administering and enforcing chapter 748
566, Florida Statutes, including oversight requirements and 749
noncriminal penalties for violations. 750
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(b) The form and content of applications for each type of 751
marijuana establishment license, and registration renewal forms. 752
(c) Procedures allowing an applicant who has bee n denied a 753
license due to failure to meet the requirements for licensing to 754
correct the reason for failure. 755
(d) Procedures and timelines for background checks and 756
appeals. 757
(e) Rules governing the transfer of a license, which must 758
be substantially the s ame as rules governing the transfer of a 759
beverage license under chapter 561, Florida Statutes. 760
(f) Minimum standards for employment, including 761
requirements for background checks, restrictions against hiring 762
persons under 21 years of age, and safeguards t o protect against 763
unauthorized employee access to marijuana. 764
(g) Minimum recordkeeping requirements, including the 765
recording of the disposal of marijuana that is not sold. Rules 766
developed pursuant to this subsection may not require a consumer 767
to provide a marijuana consumption site or retail marijuana 768
store with personal information other than government -issued 769
identification to determine the consumer's age or require the 770
retail marijuana store to acquire and record personal 771
information about its consumer s. 772
(h) Health and safety rules and standards for the 773
manufacture of marijuana products and the cultivation of 774
marijuana. 775
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(i) Labeling requirements for marijuana and marijuana 776
products sold or distributed by a marijuana establishment. 777
(j) Restrictions on the advertising, signage, and display 778
of marijuana and marijuana products. 779
(k) Minimum security requirements, including standards to 780
reasonably protect against unauthorized access to marijuana at 781
all stages of the licensee's possession, transportatio n, 782
storage, and cultivation of marijuana; these security 783
requirements may not prohibit outdoor cultivation in an 784
enclosed, secured space. 785
(l) Procedures for enforcing s. 566.036(9) and (10), 786
Florida Statutes, including noncriminal penalties for 787
violations, procedures for suspending or terminating the license 788
of a licensee who violates licensing provisions or the rules 789
adopted pursuant to this section, and procedures for appeals of 790
penalties or licensing actions. 791
(m) Any other oversight requirements that the division 792
determines are necessary to administer the laws relating to 793
licensing marijuana establishments. 794
(3) Rules adopted pursuant to this section may not 795
prohibit a locality, as defined in s. 566.031, Florida Statutes, 796
from limiting the number of each type of licensee who may 797
operate in the locality or from enacting reasonable regulations 798
applicable to licensees. 799
Section 19. Paragraph (p) of subsection (1) of section 800
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500.03, Florida Statutes, is amended to read: 801
500.03 Definitions; constructi on; applicability.— 802
(1) For the purpose of this chapter, the term: 803
(p) "Food establishment" means a factory, food outlet, or 804
other facility manufacturing, processing, packing, holding, or 805
preparing food or selling food at wholesale or retail. The term 806
does not include a business or activity that is regulated under 807
s. 413.051, s. 500.80, chapter 509, or chapter 601. The term 808
includes a marijuana consumption site or retail marijuana store 809
that sells food containing marijuana pursuant to chapter 566. 810
The term includes tomato packinghouses and repackers but does 811
not include any other establishments that pack fruits and 812
vegetables in their raw or natural states, including those 813
fruits or vegetables that are washed, colored, or otherwise 814
treated in their unpee led, natural form before they are 815
marketed. 816
Section 20. Section 500.105, Florida Statutes, is created 817
to read: 818
500.105 Marijuana consumption site and retail marijuana 819
store food products containing marijuana. —Food products 820
containing marijuana that a re prepared in a food establishment 821
that holds a permit under s. 500.12, if required, and that are 822
sold by a marijuana consumption site or retail marijuana store 823
licensed under chapter 566 are not considered adulterated under 824
this chapter due to the presen ce of marijuana. 825
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Section 21. Subsection (1) of section 562.13, Florida 826
Statutes, is amended to read: 827
562.13 Employment of minors or certain other persons by 828
certain vendors prohibited; exceptions. — 829
(1) Unless otherwise provided in this section, it is 830
unlawful for any vendor licensed under the Beverage Law or a 831
licensee under chapter 566 to employ any person under 18 years 832
of age. 833
Section 22. Subsection (1) of section 569.0073, Florida 834
Statutes, is amended to read: 835
569.0073 Special provisions; smoking pipes and smoking 836
devices.— 837
(1) It is unlawful for any person to offer for sale at 838
retail any of the items listed in subsection (2) unless such 839
person: 840
(a) Has a retail tobacco products dealer permit under s. 841
569.003 or is a marijuana establish ment licensed under s. 842
566.036. The provisions of this chapter apply to any person that 843
offers for retail sale any of the items listed in subsection 844
(2); and 845
(b)1. Derives at least 75 percent of its annual gross 846
revenues from the retail sale of cigarette s, cigars, and other 847
tobacco products or marijuana products sold in compliance with 848
chapter 566; or 849
2. Derives no more than 25 percent of its annual gross 850
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revenues from the retail sale of the items listed in subsection 851
(2). 852
Section 23. Paragraph (c) of subsection (1) of section 853
893.03, Florida Statutes, is amended to read: 854
893.03 Standards and schedules. —The substances enumerated 855
in this section are controlled by this chapter. The controlled 856
substances listed or to be listed in Schedules I, II, III, IV, 857
and V are included by whatever official, common, usual, 858
chemical, trade name, or class designated. The provisions of 859
this section shall not be construed to include within any of the 860
schedules contained in this section any excluded drugs listed 861
within the purview of 21 C.F.R. s. 1308.22, styled "Excluded 862
Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical 863
Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted 864
Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt 865
Anabolic Steroid Products ." 866
(1) SCHEDULE I.—A substance in Schedule I has a high 867
potential for abuse and has no currently accepted medical use in 868
treatment in the United States and in its use under medical 869
supervision does not meet accepted safety standards. The 870
following substances are controlled in Schedule I: 871
(c) Unless specifically excepted or unless listed in 872
another schedule, any material, compound, mixture, or 873
preparation that contains any quantity of the following 874
hallucinogenic substances or that contains any of their salts, 875
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isomers, including optical, positional, or geometric isomers, 876
homologues, nitrogen -heterocyclic analogs, esters, ethers, and 877
salts of isomers, homologues, nitrogen -heterocyclic analogs, 878
esters, or ethers, if the existence of such salts, isomers, and 879
salts of isomers is possible within the specific chemical 880
designation or class description: 881
1. Alpha-Ethyltryptamine. 882
2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2-883
oxazoline). 884
3. Aminorex (2-Amino-5-phenyl-2-oxazoline). 885
4. DOB (4-Bromo-2,5-dimethoxyamphetamine). 886
5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine). 887
6. Bufotenine. 888
7. Cannabis. 889
7.8. Cathinone. 890
8.9. DET (Diethyltryptamine). 891
9.10. 2,5-Dimethoxyamphetamine. 892
10.11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine). 893
11.12. DMT (Dimethyltryptamine). 894
12.13. PCE (N-Ethyl-1-phenylcyclohexylamine) (Ethylamine 895
analog of phencyclidine). 896
13.14. JB-318 (N-Ethyl-3-piperidyl benzilate). 897
14.15. N-Ethylamphetamine. 898
15.16. Fenethylline. 899
16.17. 3,4-Methylenedioxy-N-hydroxyamphetamine. 900
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17.18. Ibogaine. 901
18.19. LSD (Lysergic acid diethylamide). 902
19.20. Mescaline. 903
20.21. Methcathinone. 904
21.22. 5-Methoxy-3,4-methylenedioxyamphetamine. 905
22.23. PMA (4-Methoxyamphetamine). 906
23.24. PMMA (4-Methoxymethamphetamine). 907
24.25. DOM (4-Methyl-2,5-dimethoxyamphetamine). 908
25.26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine). 909
26.27. MDA (3,4-Methylenedioxyamphetamine). 910
27.28. JB-336 (N-Methyl-3-piperidyl benzilate). 911
28.29. N,N-Dimethylamphetamine. 912
29.30. Parahexyl. 913
30.31. Peyote. 914
31.32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) 915
(Pyrrolidine analog of phencyclidine). 916
32.33. Psilocybin. 917
33.34. Psilocyn. 918
34.35. Salvia divinorum, except for any drug product 919
approved by the United States Food and Drug Administration whi ch 920
contains Salvia divinorum or its isomers, esters, ethers, salts, 921
and salts of isomers, esters, and ethers, if the existence of 922
such isomers, esters, ethers, and salts is possible within the 923
specific chemical designation. 924
35.36. Salvinorin A, except fo r any drug product approved 925
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by the United States Food and Drug Administration which contains 926
Salvinorin A or its isomers, esters, ethers, salts, and salts of 927
isomers, esters, and ethers, if the existence of such isomers, 928
esters, ethers, and salts is possib le within the specific 929
chemical designation. 930
36.37. Xylazine. 931
37.38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine) 932
(Thiophene analog of phencyclidine). 933
38.39. 3,4,5-Trimethoxyamphetamine. 934
39.40. Methylone (3,4-Methylenedioxymethcathinone). 935
40.41. MDPV (3,4-Methylenedioxypyrovalerone). 936
41.42. Methylmethcathinone. 937
42.43. Methoxymethcathinone. 938
43.44. Fluoromethcathinone. 939
44.45. Methylethcathinone. 940
45.46. CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-941
methyloctan-2-yl)phenol) and its dimethyloctyl (C8) homologue. 942
46.47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-943
3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen -1-944
ol]. 945
47.48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). 946
48.49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole). 947
49.50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-948
naphthoyl)indole). 949
50.51. BZP (Benzylpiperazine). 950
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51.52. Fluorophenylpiperazine. 951
52.53. Methylphenylpiperazine. 952
53.54. Chlorophenylpiperazine. 953
54.55. Methoxyphenylpiperazine. 954
55.56. DBZP (1,4-Dibenzylpiperazine). 955
56.57. TFMPP (Trifluoromethylphenylpiperazine). 956
57.58. MBDB (Methylbenzodioxolylbutanamine) or (3,4 -957
Methylenedioxy-N-methylbutanamine). 958
58.59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 959
59.60. 5-Hydroxy-N-methyltryptamine. 960
60.61. 5-MeO-MiPT (5-Methoxy-N-methyl-N-961
isopropyltryptamine). 962
61.62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 963
62.63. Methyltryptamine. 964
63.64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). 965
64.65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 966
65.66. Tyramine (4-Hydroxyphenethylamine). 967
66.67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 968
67.68. DiPT (N,N-Diisopropyltryptamine). 969
68.69. DPT (N,N-Dipropyltryptamine). 970
69.70. 4-Hydroxy-DiPT (4-Hydroxy-N,N-971
diisopropyltryptamine). 972
70.71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine). 973
71.72. DOI (4-Iodo-2,5-dimethoxyamphetamine). 974
72.73. DOC (4-Chloro-2,5-dimethoxyamphetamine). 975
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73.74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 976
74.75. 2C-T-4 (4-Isopropylthio-2,5-977
dimethoxyphenethylamine). 978
75.76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 979
76.77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine). 980
77.78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine). 981
78.79. 2C-T-7 (4-(n)-Propylthio-2,5-982
dimethoxyphenethylamine). 983
79.80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 984
80.81. Butylone (3,4-Methylenedioxy-alpha-985
methylaminobutyrophenone). 986
81.82. Ethcathinone. 987
82.83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 988
83.84. Naphyrone (Naphthylpyrovalerone). 989
84.85. Dimethylone (3,4-Methylenedioxy-N,N-990
dimethylcathinone). 991
85.86. 3,4-Methylenedioxy-N,N-diethylcathinone. 992
86.87. 3,4-Methylenedioxy-propiophenone. 993
87.88. 3,4-Methylenedioxy-alpha-bromopropiophenone. 994
88.89. 3,4-Methylenedioxy-propiophenone-2-oxime. 995
89.90. 3,4-Methylenedioxy-N-acetylcathinone. 996
90.91. 3,4-Methylenedioxy-N-acetylmethcathinone. 997
91.92. 3,4-Methylenedioxy-N-acetylethcathinone. 998
92.93. Bromomethcathinone. 999
93.94. Buphedrone (alpha-Methylamino-butyrophenone). 1000
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94.95. Eutylone (3,4-Methylenedioxy-alpha-1001
ethylaminobutyrophenone). 1002
95.96. Dimethylcathinone. 1003
96.97. Dimethylmethcathinone. 1004
97.98. Pentylone (3,4-Methylenedioxy-alpha-1005
methylaminovalerophenone). 1006
98.99. MDPPP (3,4-Methylenedioxy-alpha-1007
pyrrolidinopropiophenone). 1008
99.100. MDPBP (3,4-Methylenedioxy-alpha-1009
pyrrolidinobutyrophenone). 1010
100.101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone). 1011
101.102. MPHP (Methyl-alpha-pyrrolidinohexanophenone). 1012
102.103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP 1013
(Benocyclidine). 1014
103.104. F-MABP (Fluoromethylaminobutyrophenone). 1015
104.105. MeO-PBP (Methoxypyrrolidinobutyrophenone). 1016
105.106. Et-PBP (Ethylpyrrolidinobutyrophenone). 1017
106.107. 3-Me-4-MeO-MCAT (3-Methyl-4-1018
Methoxymethcathinone). 1019
107.108. Me-EABP (Methylethylaminobutyrophenone). 1020
108.109. Etizolam. 1021
109.110. PPP (Pyrrolidinopropiophenone). 1022
110.111. PBP (Pyrrolidinobutyrophenone). 1023
111.112. PVP (Pyrrolidinovalerophenone) or 1024
(Pyrrolidinopentiophenone). 1025
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112.113. MPPP (Methyl-alpha-pyrrolidinopropiophenone). 1026
113.114. JWH-007 (1-Pentyl-2-methyl-3-(1-1027
naphthoyl)indole). 1028
114.115. JWH-015 (1-Propyl-2-methyl-3-(1-1029
naphthoyl)indole). 1030
115.116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). 1031
116.117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 1032
117.118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole). 1033
118.119. JWH-081 (1-Pentyl-3-(4-methoxy-1-1034
naphthoyl)indole). 1035
119.120. JWH-122 (1-Pentyl-3-(4-methyl-1-1036
naphthoyl)indole). 1037
120.121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-1038
methylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 1039
121.122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). 1040
122.123. JWH-201 (1-Pentyl-3-(4-1041
methoxyphenylacetyl)indole). 1042
123.124. JWH-203 (1-Pentyl-3-(2-1043
chlorophenylacetyl)indole). 1044
124.125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole). 1045
125.126. JWH-250 (1-Pentyl-3-(2-1046
methoxyphenylacetyl)indole). 1047
126.127. JWH-251 (1-Pentyl-3-(2-1048
methylphenylacetyl)indole). 1049
127.128. JWH-302 (1-Pentyl-3-(3-1050
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methoxyphenylacetyl)indole). 1051
128.129. JWH-398 (1-Pentyl-3-(4-chloro-1-1052
naphthoyl)indole). 1053
129.130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-1054
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-1055
tetrahydrobenzo[c]chromen -1-ol). 1056
130.131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2-1057
methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-1058
enyl] methanol). 1059
131.132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1-1060
methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene-1061
1,4-dione). 1062
132.133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene). 1063
133.134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5-1064
pentylphenoxy)-undecanamide). 1065
134.135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5-1066
hydroxyphenoxy)-undecanamide). 1067
135.136. CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5-1068
(2-methyloctan-2-yl)phenol). 1069
136.137. AM-694 (1-(5-Fluoropentyl)-3-(2-1070
iodobenzoyl)indole). 1071
137.138. AM-2201 (1-(5-Fluoropentyl)-3-(1-1072
naphthoyl)indole). 1073
138.139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole). 1074
139.140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2-1075
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methoxyphenylacetyl)indole). 1076
140.141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-1077
morpholinylmethyl)pyrrolo[1,2,3 -de]-1,4-benzoxazin-6-yl]-1-1078
naphthalenylmethanone). 1079
141.142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4-1080
morpholinylmethyl)pyrrolo[1,2,3 -de]-1,4-benzoxazin-6-yl]-1-1081
naphthalenylmethanone). 1082
142.143. Pentedrone (alpha-Methylaminovalerophenone). 1083
143.144. Fluoroamphetamine. 1084
144.145. Fluoromethamphetamine. 1085
145.146. Methoxetamine. 1086
146.147. Methiopropamine. 1087
147.148. Methylbuphedrone (Methyl -alpha-1088
methylaminobutyrophenone). 1089
148.149. APB ((2-Aminopropyl)benzofuran). 1090
149.150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran). 1091
150.151. UR-144 (1-Pentyl-3-(2,2,3,3-1092
tetramethylcyclopropanoyl)indole). 1093
151.152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3-1094
tetramethylcyclopropanoyl)indole). 1095
152.153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3-1096
tetramethylcyclopropanoyl)indole). 1097
153.154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3-1098
carboxamide). 1099
154.155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2-1100
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iodobenzoyl)indole). 1101
155.156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-1102
3-carboxamide). 1103
156.157. URB-597 ((3′-(Aminocarbonyl)[1,1′ -biphenyl]-3-1104
yl)-cyclohexylcarbamate). 1105
157.158. URB-602 ([1,1′-Biphenyl]-3-yl-carbamic acid, 1106
cyclohexyl ester). 1107
158.159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1-1108
benzoxazin-4-one). 1109
159.160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine). 1110
160.161. 2C-H (2,5-Dimethoxyphenethylamine). 1111
161.162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine). 1112
162.163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine). 1113
163.164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2-1114
methoxybenzyl)]phenethylamine). 1115
164.165. MDMA (3,4-Methylenedioxymethamphetamine). 1116
165.166. PB-22 (8-Quinolinyl 1-pentylindole-3-1117
carboxylate). 1118
166.167. Fluoro PB-22 (8-Quinolinyl 1-1119
(fluoropentyl)indole -3-carboxylate). 1120
167.168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole -3-1121
carboxylate). 1122
168.169. Fluoro AKB48 (N-Adamant-1-yl 1-1123
(fluoropentyl)indazole -3-carboxamide). 1124
169.170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1125
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1-pentylindazole-3-carboxamide). 1126
170.171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-1127
yl)-1-(4-fluorobenzyl)indazole -3-carboxamide). 1128
171.172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-1129
yl)-1-pentylindazole-3-carboxamide). 1130
172.173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-1131
oxobutan-2-yl)-1-(fluoropentyl)indole -3-carboxamide). 1132
173.174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2-1133
methoxybenzyl)]phenethylamine). 1134
174.175. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2-1135
methoxybenzyl)]phenethylamine). 1136
175.176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-1137
yl)-1-(cyclohexylmethyl)indazole -3-carboxamide). 1138
176.177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-1139
3-carboxylate). 1140
177.178. Fluoro-NNEI (N-Naphthalen-1-yl 1-1141
(fluoropentyl)indole -3-carboxamide). 1142
178.179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-1143
yl)-1-(fluoropentyl)indazole -3-carboxamide). 1144
179.180. THJ-2201 (1-(5-Fluoropentyl)-3-(1-1145
naphthoyl)indazole). 1146
180.181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl-1147
1,4,4a,8,9,10,11,12b -octahydronaphtho[3,2 -c]isochromen-12-ol). 1148
181.182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9-1149
(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-1150
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hexahydrobenzo[c]chromen -1-ol). 1151
182.183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9-1152
(hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a-1153
hexahydrobenzo[c]chromen -1-ol). 1154
183.184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl)-1155
6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9 1156
diol). 1157
184.185. HU-243 ((6aR,8S,9S,10aR) -9-(Hydroxymethyl)-6,6-1158
dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a-1159
tetrahydro-6aH-benzo[c]chromen-1-ol). 1160
185.186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl-1161
6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione). 1162
186.187. MAPB ((2-Methylaminopropyl)benzofuran). 1163
187.188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine). 1164
188.189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine). 1165
189.190. Synthetic Cannabinoids. —Unless specifically 1166
excepted or unless listed in ano ther schedule or contained 1167
within a pharmaceutical product approved by the United States 1168
Food and Drug Administration, any material, compound, mixture, 1169
or preparation that contains any quantity of a synthetic 1170
cannabinoid found to be in any of the following chemical class 1171
descriptions, or homologues, nitrogen -heterocyclic analogs, 1172
isomers (including optical, positional, or geometric), esters, 1173
ethers, salts, and salts of homologues, nitrogen -heterocyclic 1174
analogs, isomers, esters, or ethers, whenever the exist ence of 1175
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such homologues, nitrogen -heterocyclic analogs, isomers, esters, 1176
ethers, salts, and salts of isomers, esters, or ethers is 1177
possible within the specific chemical class or designation. 1178
Since nomenclature of these synthetically produced cannabinoids 1179
is not internationally standardized and may continually evolve, 1180
these structures or the compounds of these structures shall be 1181
included under this subparagraph, regardless of their specific 1182
numerical designation of atomic positions covered, if it can be 1183
determined through a recognized method of scientific testing or 1184
analysis that the substance contains properties that fit within 1185
one or more of the following categories: 1186
a. Tetrahydrocannabinols. —Any tetrahydrocannabinols 1187
naturally contained in a plant of th e genus Cannabis, the 1188
synthetic equivalents of the substances contained in the plant 1189
or in the resinous extracts of the genus Cannabis, or synthetic 1190
substances, derivatives, and their isomers with similar chemical 1191
structure and pharmacological activity, in cluding, but not 1192
limited to, Delta 9 tetrahydrocannabinols and their optical 1193
isomers, Delta 8 tetrahydrocannabinols and their optical 1194
isomers, Delta 6a,10a tetrahydrocannabinols and their optical 1195
isomers, or any compound containing a tetrahydrobenzo[c]chro mene 1196
structure with substitution at either or both the 3 -position or 1197
9-position, with or without substitution at the 1 -position with 1198
hydroxyl or alkoxy groups, including, but not limited to: 1199
(I) Tetrahydrocannabinol. 1200
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(II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-1201
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen -1-1202
ol). 1203
(III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-1204
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen -1-1205
ol). 1206
(IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-1207
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 1208
(V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan-1209
2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 1210
(VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan-1211
2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene). 1212
(VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-1213
(2,3-dimethylpentan-2-yl)-6a,7,10,10a-1214
tetrahydrobenzo[c]chromene). 1215
(VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)-1216
6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen -1-ol). 1217
(IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl-1218
6a,7,10,10a-tetrahydrobenzo[c]chromen -1-ol). 1219
(X) Parahexyl. 1220
b. Naphthoylindoles, Naphthoylindazoles, 1221
Naphthoylcarbazoles, Naphthylmethylindoles, 1222
Naphthylmethylindazoles, and Naphthylmethylcarbazoles. —Any 1223
compound containing a naphthoylindole, naphthoylindazole, 1224
naphthoylcarbazole, naphthylmethylindole, 1225
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naphthylmethylindazole, or naphthylmethylcarbazole structure, 1226
with or without substitution on th e indole, indazole, or 1227
carbazole ring to any extent, whether or not substituted on the 1228
naphthyl ring to any extent, including, but not limited to: 1229
(I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole). 1230
(II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1-1231
naphthoyl)indole). 1232
(III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole). 1233
(IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole). 1234
(V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). 1235
(VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). 1236
(VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 1237
(VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole). 1238
(IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole). 1239
(X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole). 1240
(XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole). 1241
(XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole). 1242
(XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole). 1243
(XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1-1244
naphthoyl)indole). 1245
(XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole). 1246
(XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). 1247
(XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1-1248
naphthoyl)indole). 1249
(XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-1250
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naphthoyl)indole). 1251
(XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). 1252
(XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole). 1253
(XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole). 1254
(XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1-1255
naphthylmethyl]indole). 1256
(XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1-1257
naphthoyl)indole). 1258
(XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1-1259
naphthoyl)indole). 1260
(XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-1261
naphthoyl)indole). 1262
(XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole). 1263
(XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole). 1264
(XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-1265
naphthoyl)indole). 1266
(XXIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole). 1267
(XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole). 1268
(XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1-1269
naphthoyl)indole). 1270
(XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1-1271
naphthoyl)indole). 1272
(XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1-1273
naphthoyl)indole). 1274
(XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1-1275
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naphthoyl)indole). 1276
(XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1-1277
naphthoyl)indole). 1278
(XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole). 1279
(XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1-1280
naphthoyl)indazole). 1281
(XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1-1282
naphthoyl)indole). 1283
(XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1-1284
naphthoyl)indole). 1285
(XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole). 1286
(XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1-1287
naphthoyl)carbazole). 1288
c. Naphthoylpyrroles. —Any compound containing a 1289
naphthoylpyrrole structure, with or without substitution on the 1290
pyrrole ring to any extent, whether or not substituted on the 1291
naphthyl ring to any extent, including, but not limited to: 1292
(I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole). 1293
(II) JWH-031 (1-Hexyl-3-(1-naphthoyl)pyrrole). 1294
(III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole). 1295
(IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole). 1296
(V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole). 1297
(VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1-1298
naphthoyl)pyrrole). 1299
(VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1-1300
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naphthoyl)pyrrole). 1301
(VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1-1302
naphthoyl)pyrrole). 1303
(IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1-1304
naphthoyl)pyrrole). 1305
(X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1-1306
naphthoyl)pyrrole). 1307
d. Naphthylmethylenindenes. —Any compound containing a 1308
naphthylmethylenindene structure, with or without substitution 1309
at the 3-position of the indene ring to any extent, whether or 1310
not substituted on the naphthyl ring to any extent, including, 1311
but not limited to, JWH -176 (3-Pentyl-1-1312
(naphthylmethylene)indene). 1313
e. Phenylacetylindoles and Phenylacetylindazoles. —Any 1314
compound containing a phenylacetylindole or phenylacetylindazole 1315
structure, with or without substitution on the indole or 1316
indazole ring to any extent, whether or not substituted on the 1317
phenyl ring to any extent, including, but not limited to: 1318
(I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole). 1319
(II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole). 1320
(III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole). 1321
(IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole). 1322
(V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole). 1323
(VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole). 1324
(VII) Cannabipiperidiethanone. 1325
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(VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2-1326
methoxyphenylacetyl)indole). 1327
f. Cyclohexylphenols. —Any compound containing a 1328
cyclohexylphenol structure, with or without substitution at the 1329
5-position of the phenolic ring to any extent, whether or not 1330
substituted on the cyclohexyl ring to any extent, including, but 1331
not limited to: 1332
(I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2-1333
yl)phenol). 1334
(II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8) 1335
homologue). 1336
(III) CP-55,940 (2-(3-Hydroxy-6-propanol-cyclohexyl)-5-(2-1337
methyloctan-2-yl)phenol). 1338
g. Benzoylindoles and Ben zoylindazoles.—Any compound 1339
containing a benzoylindole or benzoylindazole structure, with or 1340
without substitution on the indole or indazole ring to any 1341
extent, whether or not substituted on the phenyl ring to any 1342
extent, including, but not limited to: 1343
(I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole). 1344
(II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole). 1345
(III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2-1346
iodo-5-nitrobenzoyl)indole). 1347
(IV) Pravadoline (1 -[2-(4-Morpholinyl)ethyl]-2-methyl-3-1348
(4-methoxybenzoyl)indole). 1349
(V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2-1350
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iodobenzoyl)indole). 1351
(VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole). 1352
(VII) RCS-4 C4 homologue (1-Butyl-3-(4-1353
methoxybenzoyl)indole). 1354
(VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo-1355
3-(4-methoxybenzoyl)indole). 1356
h. Tetramethylcyclopropanoylindoles and 1357
Tetramethylcyclopropanoylindazoles. —Any compound containing a 1358
tetramethylcyclopropanoylindole or 1359
tetramethylcyclopropanoylindazole structure, with or without 1360
substitution on the indole or indazole ring to any extent, 1361
whether or not substituted on the tetramethylcyclopropyl group 1362
to any extent, including, but not limited to: 1363
(I) UR-144 (1-Pentyl-3-(2,2,3,3-1364
tetramethylcyclopropanoyl)indole). 1365
(II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3-1366
tetramethylcyclopropanoyl)indole). 1367
(III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3-1368
tetramethylcyclopropanoyl)indole). 1369
(IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3-1370
tetramethylcyclopropanoyl)indole). 1371
(V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl] -3-(2,2,3,3-1372
tetramethylcyclopropanoyl)indole). 1373
(VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3-1374
tetramethylcyclopropanoyl)indole). 1375
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(VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3-1376
tetramethylcyclopropanoyl)indole). 1377
(VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3-1378
tetramethylcyclopropanoyl)indazole). 1379
(IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3-1380
tetramethylcyclopropanoyl)indole). 1381
(X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3-1382
tetramethylcyclopropanoyl)indole) . 1383
i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole 1384
carboxamides, and Adamantylindazole carboxamides. —Any compound 1385
containing an adamantoyl indole, adamantoyl indazole, adamantyl 1386
indole carboxamide, or adamantyl indazole carboxamide structure, 1387
with or without substitution on the indole or indazole ring to 1388
any extent, whether or not substituted on the adamantyl ring to 1389
any extent, including, but not limited to: 1390
(I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide). 1391
(II) Fluoro AKB48 (N -Adamant-1-yl 1-1392
(fluoropentyl)indazole -3-carboxamide). 1393
(III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3-1394
carboxamide). 1395
(IV) AM-1248 (1-(1-Methylpiperidine)methyl -3-(1-1396
adamantoyl)indole). 1397
(V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole). 1398
(VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide). 1399
(VII) Fluoro AB-001 (1-(Fluoropentyl)-3-(1-1400
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adamantoyl)indole). 1401
j. Quinolinylindolecarboxylates, 1402
Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides, 1403
and Quinolinylindazolecarboxamides. —Any compound containing a 1404
quinolinylindole carboxylate, quinolinylindazole carboxylate, 1405
isoquinolinylindole carboxylate, isoquinolinylindazole 1406
carboxylate, quinolinylindole carboxamide, quinolinylindazole 1407
carboxamide, isoquinolinylindole carboxamide, or 1408
isoquinolinylindazole carboxamide structure, with or without 1409
substitution on the indole or indazole ring to any extent, 1410
whether or not substituted on the quinoline or isoquinoline ring 1411
to any extent, including, but not limited to: 1412
(I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate). 1413
(II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole -3-1414
carboxylate). 1415
(III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole -3-1416
carboxylate). 1417
(IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3-1418
carboxylate). 1419
(V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate). 1420
(VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole -1421
3-carboxylate). 1422
(VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole -1423
3-carboxylate). 1424
(VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide). 1425
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(IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole -3-1426
carboxamide). 1427
k. Naphthylindolecarboxylates and 1428
Naphthylindazolecarboxylates. —Any compound containing a 1429
naphthylindole carboxylate or naphthylindazole carboxylate 1430
structure, with or without substitutio n on the indole or 1431
indazole ring to any extent, whether or not substituted on the 1432
naphthyl ring to any extent, including, but not limited to: 1433
(I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3-1434
carboxylate). 1435
(II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3-1436
carboxylate). 1437
(III) Fluoro SDB-005 (1-Naphthalenyl 1-1438
(fluoropentyl)indazole -3-carboxylate). 1439
(IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3-1440
carboxylate). 1441
(V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole -3-1442
carboxylate). 1443
l. Naphthylindole carboxamides and Naphthylindazole 1444
carboxamides.—Any compound containing a naphthylindole 1445
carboxamide or naphthylindazole carboxamide structure, with or 1446
without substitution on the indole or indazole ring to any 1447
extent, whether or not substit uted on the naphthyl ring to any 1448
extent, including, but not limited to: 1449
(I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide). 1450
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(II) Fluoro-NNEI (N-Naphthalen-1-yl 1-1451
(fluoropentyl)indole -3-carboxamide). 1452
(III) Chloro-NNEI (N-Naphthalen-1-yl 1-1453
(chloropentyl)indole-3-carboxamide). 1454
(IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3-1455
carboxamide). 1456
(V) Fluoro MN-18 (N-Naphthalen-1-yl 1-1457
(fluoropentyl)indazole -3-carboxamide). 1458
m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl 1459
indazole carboxamides, Alk ylcarbonyl indole carboxylates, and 1460
Alkylcarbonyl indazole carboxylates. —Any compound containing an 1461
alkylcarbonyl group, including 1 -amino-3-methyl-1-oxobutan-2-yl, 1462
1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3-1463
phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an 1464
indole carboxamide, indazole carboxamide, indole carboxylate, or 1465
indazole carboxylate, with or without substitution on the indole 1466
or indazole ring to any extent, whether or not substituted on 1467
the alkylcarbonyl group to any extent, including, but not 1468
limited to: 1469
(I) ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-1470
pentylindole-3-carboxamide). 1471
(II) Fluoro ADBICA (N -(1-Amino-3,3-dimethyl-1-oxobutan-2-1472
yl)-1-(fluoropentyl)indole -3-carboxamide). 1473
(III) Fluoro ABICA (N -(1-Amino-3-methyl-1-oxobutan-2-yl)-1474
1-(fluoropentyl)indole -3-carboxamide). 1475
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(IV) AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-1476
pentylindazole-3-carboxamide). 1477
(V) Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-1478
yl)-1-(fluoropentyl)indazole -3-carboxamide). 1479
(VI) ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1480
1-pentylindazole-3-carboxamide). 1481
(VII) Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-1482
oxobutan-2-yl)-1-(fluoropentyl)indazole -3-carboxamide). 1483
(VIII) AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1484
1-(4-fluorobenzyl)indazole -3-carboxamide). 1485
(IX) ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-1486
yl)-1-(4-fluorobenzyl)indazole -3-carboxamide). 1487
(X) AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-1488
(cyclohexylmethyl)indazole -3-carboxamide). 1489
(XI) MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1490
1-(cyclohexylmethyl)indazole -3-carboxamide). 1491
(XII) MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-1492
yl)-1-(cyclohexylmethyl)indazole -3-carboxamide). 1493
(XIII) AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-1494
pentylindazole-3-carboxamide). 1495
(XIV) Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1496
1-(fluoropentyl)indazole -3-carboxamide). 1497
(XV) FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4-1498
fluorobenzyl)indazole -3-carboxamide). 1499
(XVI) MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-1500
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2-yl)-1-(cyclohexylmethyl)indazole -3-carboxamide). 1501
(XVII) MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-1502
oxobutan-2-yl)-1-(4-fluorobenzyl)indazole -3-carboxamide). 1503
(XVIII) MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-1504
2-yl)-1-(cyclohexylmethyl)indole -3-carboxamide). 1505
(XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5-1506
fluoropentyl)indole-3-carboxamide). 1507
(XX) PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5-1508
fluoropentyl)indazole -3-carboxamide). 1509
(XXI) PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-1510
(cyclohexylmethyl)indazole -3-carboxamide). 1511
(XXII) PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4-1512
fluorobenzyl)indazole -3-carboxamide). 1513
(XXIII) MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-1514
2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate). 1515
n. Cumylindolecarboxamides and Cumylindazolecarboxamides. —1516
Any compound containing a N -(2-phenylpropan-2-yl) indole 1517
carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide 1518
structure, with or without substitution on t he indole or 1519
indazole ring to any extent, whether or not substituted on the 1520
phenyl ring of the cumyl group to any extent, including, but not 1521
limited to: 1522
(I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3-1523
carboxamide). 1524
(II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-1525
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(fluoropentyl)indole -3-carboxamide). 1526
o. Other Synthetic Cannabinoids. —Any material, compound, 1527
mixture, or preparation that contains any quantity of a 1528
Synthetic Cannabinoid, as described in sub -subparagraphs a.-n.: 1529
(I) With or without modification or replacement of a 1530
carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage 1531
between either two core rings, or linkage between a core ring 1532
and group structure, with or without the addition of a carbon or 1533
replacement of a carbon; 1534
(II) With or without replacement of a core ring or group 1535
structure, whether or not substituted on the ring or group 1536
structures to any extent; and 1537
(III) Is a cannabinoid receptor agonist, unless 1538
specifically excepted or unless listed in another schedule or 1539
contained within a pharmaceutical product approved by the United 1540
States Food and Drug Administration. 1541
190.191. Substituted Cathinones. —Unless specifically 1542
excepted, listed in another schedule, or contained within a 1543
pharmaceutical product approved by the United States Food and 1544
Drug Administration, any material, compound, mixture, or 1545
preparation, including its salts, isomers, esters, or ethers, 1546
and salts of isomers, esters, or ethers, whenever the existence 1547
of such salts is possible within any of the follow ing specific 1548
chemical designations: 1549
a. Any compound containing a 2 -amino-1-phenyl-1-propanone 1550
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structure; 1551
b. Any compound containing a 2 -amino-1-naphthyl-1-1552
propanone structure; or 1553
c. Any compound containing a 2 -amino-1-thiophenyl-1-1554
propanone structure, 1555
whether or not the compound is further modified: 1556
(I) With or without substitution on the ring system to any 1557
extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy, 1558
haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused 1559
dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide 1560
substituents; 1561
(II) With or without substitution at the 3 -propanone 1562
position with an alkyl substituent or removal of the methyl 1563
group at the 3-propanone position; 1564
(III) With or without substitution at t he 2-amino nitrogen 1565
atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or 1566
not further substituted in the ring system; or 1567
(IV) With or without inclusion of the 2 -amino nitrogen 1568
atom in a cyclic structure, including, but not limited to: 1569
(A) Methcathinone. 1570
(B) Ethcathinone. 1571
(C) Methylone (3,4-Methylenedioxymethcathinone). 1572
(D) 2,3-Methylenedioxymethcathinone. 1573
(E) MDPV (3,4-Methylenedioxypyrovalerone). 1574
(F) Methylmethcathinone. 1575
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(G) Methoxymethcathinone. 1576
(H) Fluoromethcathinone. 1577
(I) Methylethcathinone. 1578
(J) Butylone (3,4-Methylenedioxy-alpha-1579
methylaminobutyrophenone). 1580
(K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 1581
(L) BMDP (3,4-Methylenedioxy-N-benzylcathinone). 1582
(M) Naphyrone (Naphthylpyrovalerone). 1583
(N) Bromomethcathinone. 1584
(O) Buphedrone (alpha -Methylaminobutyrophenone). 1585
(P) Eutylone (3,4-Methylenedioxy-alpha-1586
ethylaminobutyrophenone). 1587
(Q) Dimethylcathinone. 1588
(R) Dimethylmethcathinone. 1589
(S) Pentylone (3,4-Methylenedioxy-alpha-1590
methylaminovalerophenone). 1591
(T) Pentedrone (alpha-Methylaminovalerophenone). 1592
(U) MDPPP (3,4-Methylenedioxy-alpha-1593
pyrrolidinopropiophenone). 1594
(V) MDPBP (3,4-Methylenedioxy-alpha-1595
pyrrolidinobutyrophenone). 1596
(W) MPPP (Methyl-alpha-pyrrolidinopropiophenone). 1597
(X) PPP (Pyrrolidinopropiophenone). 1598
(Y) PVP (Pyrrolidinovalerophenone) or 1599
(Pyrrolidinopentiophenone). 1600
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(Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone). 1601
(AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone). 1602
(BB) F-MABP (Fluoromethylaminobutyrophenone). 1603
(CC) Me-EABP (Methylethylamino butyrophenone). 1604
(DD) PBP (Pyrrolidinobutyrophenone). 1605
(EE) MeO-PBP (Methoxypyrrolidinobutyrophenone). 1606
(FF) Et-PBP (Ethylpyrrolidinobutyrophenone). 1607
(GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone). 1608
(HH) Dimethylone (3,4 -Methylenedioxy-N,N-1609
dimethylcathinone). 1610
(II) 3,4-Methylenedioxy-N,N-diethylcathinone. 1611
(JJ) 3,4-Methylenedioxy-N-acetylcathinone. 1612
(KK) 3,4-Methylenedioxy-N-acetylmethcathinone. 1613
(LL) 3,4-Methylenedioxy-N-acetylethcathinone. 1614
(MM) Methylbuphedrone (Methyl -alpha-1615
methylaminobutyrophenone). 1616
(NN) Methyl-alpha-methylaminohexanophenone. 1617
(OO) N-Ethyl-N-methylcathinone. 1618
(PP) PHP (Pyrrolidinohexanophenone). 1619
(QQ) PV8 (Pyrrolidinoheptanophenone). 1620
(RR) Chloromethcathinone. 1621
(SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone. 1622
191.192. Substituted Phenethylamines. —Unless specifically 1623
excepted or unless listed in another schedule, or contained 1624
within a pharmaceutical product approved by the United States 1625
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Food and Drug Administration, any material, compound, mixture, 1626
or preparation, including its salts, isomers, esters, or ethers, 1627
and salts of isomers, esters, or ethers, whenever the existence 1628
of such salts is possible within any of the following specific 1629
chemical designations, any compound containing a phenethylamine 1630
structure, without a beta-keto group, and without a benzyl group 1631
attached to the amine group, whether or not the compound is 1632
further modified with or without substitution on the phenyl ring 1633
to any extent with alkyl, alkylthio, nitro, alkoxy, thio, 1634
halide, fused alkylenedioxy, fused furan, fused benzofuran, 1635
fused dihydrofuran, or fused tetrahydropyran substituents, 1636
whether or not further substituted on a ring to any extent, with 1637
or without substitution at the alpha or beta position by any 1638
alkyl substituent, with or wi thout substitution at the nitrogen 1639
atom, and with or without inclusion of the 2 -amino nitrogen atom 1640
in a cyclic structure, including, but not limited to: 1641
a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine). 1642
b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 1643
c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine). 1644
d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 1645
e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine). 1646
f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine). 1647
g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine). 1648
h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 1649
i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine). 1650
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j. 2C-H (2,5-Dimethoxyphenethylamine). 1651
k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine). 1652
l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamin e). 1653
m. MDMA (3,4-Methylenedioxymethamphetamine). 1654
n. MBDB (Methylbenzodioxolylbutanamine) or (3,4 -1655
Methylenedioxy-N-methylbutanamine). 1656
o. MDA (3,4-Methylenedioxyamphetamine). 1657
p. 2,5-Dimethoxyamphetamine. 1658
q. Fluoroamphetamine. 1659
r. Fluoromethampheta mine. 1660
s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine). 1661
t. DOB (4-Bromo-2,5-dimethoxyamphetamine). 1662
u. DOC (4-Chloro-2,5-dimethoxyamphetamine). 1663
v. DOET (4-Ethyl-2,5-dimethoxyamphetamine). 1664
w. DOI (4-Iodo-2,5-dimethoxyamphetamine). 1665
x. DOM (4-Methyl-2,5-dimethoxyamphetamine). 1666
y. PMA (4-Methoxyamphetamine). 1667
z. N-Ethylamphetamine. 1668
aa. 3,4-Methylenedioxy-N-hydroxyamphetamine. 1669
bb. 5-Methoxy-3,4-methylenedioxyamphetamine. 1670
cc. PMMA (4-Methoxymethamphetamine). 1671
dd. N,N-Dimethylamphetamine. 1672
ee. 3,4,5-Trimethoxyamphetamine. 1673
ff. 4-APB (4-(2-Aminopropyl)benzofuran). 1674
gg. 5-APB (5-(2-Aminopropyl)benzofuran). 1675
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hh. 6-APB (6-(2-Aminopropyl)benzofuran). 1676
ii. 7-APB (7-(2-Aminopropyl)benzofuran). 1677
jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1678
kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1679
ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1680
mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran). 1681
nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran). 1682
oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran). 1683
pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran). 1684
qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran). 1685
rr. 5-EAPB (5-(2-Ethylaminopropyl)benzofuran). 1686
ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3-1687
dihydrobenzofuran), 1688
1689
which does not includ e phenethylamine, mescaline as described in 1690
subparagraph 20., substituted cathinones as described in 1691
subparagraph 191., N -Benzyl phenethylamine compounds as 1692
described in subparagraph 193., or methamphetamine as described 1693
in subparagraph (2)(c)5. 1694
192.193. N-Benzyl Phenethylamine Compounds. —Unless 1695
specifically excepted or unless listed in another schedule, or 1696
contained within a pharmaceutical product approved by the United 1697
States Food and Drug Administration, any material, compound, 1698
mixture, or preparation, including its salts, isomers, esters, 1699
or ethers, and salts of isomers, esters, or ethers, whenever the 1700
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existence of such salts is possible within any of the following 1701
specific chemical designations, any compound containing a 1702
phenethylamine structure witho ut a beta-keto group, with 1703
substitution on the nitrogen atom of the amino group with a 1704
benzyl substituent, with or without substitution on the phenyl 1705
or benzyl ring to any extent with alkyl, alkoxy, thio, 1706
alkylthio, halide, fused alkylenedioxy, fused furan , fused 1707
benzofuran, or fused tetrahydropyran substituents, whether or 1708
not further substituted on a ring to any extent, with or without 1709
substitution at the alpha position by any alkyl substituent, 1710
including, but not limited to: 1711
a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2-1712
methoxybenzyl)]phenethylamine). 1713
b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2-1714
hydroxybenzyl)]phenethylamine). 1715
c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2-1716
fluorobenzyl)]phenethylamine). 1717
d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3-1718
methylenedioxybenzyl)]phenethylamine). 1719
e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2-1720
methoxybenzyl)]phenethylamine). 1721
f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2-1722
hydroxybenzyl)]phenethylamine). 1723
g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2-1724
fluorobenzyl)]phenethylamine). 1725
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h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3-1726
methylenedioxybenzyl)]phenethylamine). 1727
i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2-1728
methoxybenzyl)]phenethylamine). 1729
j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2-1730
methoxybenzyl)]phenethylamine). 1731
k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2-1732
methoxybenzyl)]phenethylamine). 1733
l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2-1734
methoxybenzyl)]phenethylamine). 1735
m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2-1736
hydroxybenzyl)]phene thylamine). 1737
n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2-1738
fluorobenzyl)]phenethylamine). 1739
o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3-1740
methylenedioxybenzyl)]phenethylamine). 1741
p. 25H-NBOMe (2,5-Dimethoxy-[N-(2-1742
methoxybenzyl)]phenethylamine). 1743
q. 25H-NBOH (2,5-Dimethoxy-[N-(2-1744
hydroxybenzyl)]phenethylamine). 1745
r. 25H-NBF (2,5-Dimethoxy-[N-(2-1746
fluorobenzyl)]phenethylamine). 1747
s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2-1748
methoxybenzyl)]phenethylamine), 1749
1750
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which does not include substituted cathinones as described in 1751
subparagraph 191. 1752
193.194. Substituted Tryptamines. —Unless specifically 1753
excepted or unless listed in another schedule, or contained 1754
within a pharmaceutical product approved by the United States 1755
Food and Drug Administration, any material, compound, mixture , 1756
or preparation containing a 2 -(1H-indol-3-yl)ethanamine, for 1757
example tryptamine, structure with or without mono - or di-1758
substitution of the amine nitrogen with alkyl or alkenyl groups, 1759
or by inclusion of the amino nitrogen atom in a cyclic 1760
structure, whether or not substituted at the alpha position with 1761
an alkyl group, whether or not substituted on the indole ring to 1762
any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy 1763
groups, including, but not limited to: 1764
a. Alpha-Ethyltryptamine. 1765
b. Bufotenine. 1766
c. DET (Diethyltryptamine). 1767
d. DMT (Dimethyltryptamine). 1768
e. MET (N-Methyl-N-ethyltryptamine). 1769
f. DALT (N,N-Diallyltryptamine). 1770
g. EiPT (N-Ethyl-N-isopropyltryptamine). 1771
h. MiPT (N-Methyl-N-isopropyltryptamine). 1772
i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 1773
j. 5-Hydroxy-N-methyltryptamine. 1774
k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine). 1775
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l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 1776
m. Methyltryptamine. 1777
n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). 1778
o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 1779
p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 1780
q. DiPT (N,N-Diisopropyltryptamine). 1781
r. DPT (N,N-Dipropyltryptamine). 1782
s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine). 1783
t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine). 1784
u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine). 1785
v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine). 1786
w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine). 1787
x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine). 1788
y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N-1789
isopropyltryptamine). 1790
z. Methyl-alpha-ethyltryptamine. 1791
aa. Bromo-DALT (Bromo-N,N-diallyltryptamine), 1792
1793
which does not include tryptamine, psilocyn as described in 1794
subparagraph 34., or psilocybin as described in subparagra ph 33. 1795
194.195. Substituted Phenylcyclohexylamines. —Unless 1796
specifically excepted or unless listed in another schedule, or 1797
contained within a pharmaceutical product approved by the United 1798
States Food and Drug Administration, any material, compound, 1799
mixture, or preparation containing a phenylcyclohexylamine 1800
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structure, with or without any substitution on the phenyl ring, 1801
any substitution on the cyclohexyl ring, any replacement of the 1802
phenyl ring with a thiophenyl or benzothiophenyl ring, with or 1803
without substitution on the amine with alkyl, dialkyl, or alkoxy 1804
substituents, inclusion of the nitrogen in a cyclic structure, 1805
or any combination of the above, including, but not limited to: 1806
a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP 1807
(Benocyclidine). 1808
b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog 1809
of phencyclidine). 1810
c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine 1811
analog of phencyclidine). 1812
d. PCPr (Phenylcyclohexylpropylamine). 1813
e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene 1814
analog of phencyclidine). 1815
f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)). 1816
g. PCMPA (Phenylcyclohexyl(methoxypropylamine)). 1817
h. Methoxetamine. 1818
i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine). 1819
j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine). 1820
k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine). 1821
l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine). 1822
m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine). 1823
n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine). 1824
o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine). 1825
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p. Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine). 1826
q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine). 1827
r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine). 1828
195.196. W-15, 4-chloro-N-[1-(2-phenylethyl)-2-1829
piperidinylidene]-benzenesulfonamide. 1830
196.197. W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-1831
piperidinylidene]-benzenesulfonamide. 1832
197.198. AH-7921, 3,4-dichloro-N-[[1-1833
(dimethylamino)cyclohexyl]methyl] -benzamide. 1834
198.199. U47700, trans-3,4-dichloro-N-[2-1835
(dimethylamino)cyclohexyl] -N-methyl-benzamide. 1836
199.200. MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl)-1837
piperazine, dihydrochloride. 1838
1839
Section 24. Subsections (3), (6), and (9) of section 1840
893.13, Florida Statutes are amended, and subsection (10) is 1841
added to that section, to read: 1842
893.13 Prohibited acts; penalties. — 1843
(3) A person who delivers, without consideration, 20 grams 1844
or less of cannabis, as defined in this chapter, commits a 1845
misdemeanor of the first degree, punishable as provided in s. 1846
775.082 or s. 775.083. As used in this subsection, the term 1847
"cannabis" does not include the resin extracted from the plants 1848
of the genus Cannabis or any compound manufacture, salt, 1849
derivative, mixture, or preparation of such resin. 1850
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(5)(6)(a) A person may not be in actual or constructive 1851
possession of a controlled substance unless such controlled 1852
substance was lawfully obtained from a practitioner or pursuant 1853
to a valid prescription or order of a practitioner while acting 1854
in the course of his or her professional practice or to be in 1855
actual or constructive possession of a controlled substance 1856
except as otherwise authorized by this chapter. A person who 1857
violates this provision commits a felony of the third degree, 1858
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1859
(b) If the offense is the possession of 20 grams or less 1860
of cannabis, as defined in this chapter, the person commits a 1861
misdemeanor of the first degree, punishable as provided in s. 1862
775.082 or s. 775.083. As used in this subsection, the term 1863
"cannabis" does not include the resin extracted from the plants 1864
of the genus Cannabis, or any compound manufacture, salt, 1865
derivative, mixture, or preparation of such resin. 1866
(b)(c) Except as provided in this chapter, a person may 1867
not possess more than 10 grams of any substance named or 1868
described in s. 893.03(1)(a), (1)(b), or (2)(b), or any 1869
combination thereof, or any mixture containing any such 1870
substance. A person who violates thi s paragraph commits a felony 1871
of the first degree, punishable as provided in s. 775.082, s. 1872
775.083, or s. 775.084. 1873
(c)(d) If the offense is possession of a controlled 1874
substance named or described in s. 893.03(5), the person commits 1875
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a misdemeanor of the s econd degree, punishable as provided in s. 1876
775.082 or s. 775.083. 1877
(e) Notwithstanding any provision to the contrary of the 1878
laws of this state relating to arrest, a law enforcement officer 1879
may arrest without warrant any person who the officer has 1880
probable cause to believe is violating the provisions of this 1881
chapter relating to possession of cannabis. 1882
(8)(9) The provisions of Subsections (1)-(7) (1)-(8) are 1883
not applicable to the delivery to, or actual or constructive 1884
possession for medical or scientific u se or purpose only of 1885
controlled substances by, persons included in any of the 1886
following classes, or the agents or employees of such persons, 1887
for use in the usual course of their business or profession or 1888
in the performance of their official duties: 1889
(a) Pharmacists. 1890
(b) Practitioners. 1891
(c) Persons who procure controlled substances in good 1892
faith and in the course of professional practice only, by or 1893
under the supervision of pharmacists or practitioners employed 1894
by them, or for the purpose of lawful rese arch, teaching, or 1895
testing, and not for resale. 1896
(d) Hospitals that procure controlled substances for 1897
lawful administration by practitioners, but only for use by or 1898
in the particular hospital. 1899
(e) Officers or employees of state, federal, or local 1900
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governments acting in their official capacity only, or informers 1901
acting under their jurisdiction. 1902
(f) Common carriers. 1903
(g) Manufacturers, wholesalers, and distributors. 1904
(h) Law enforcement officers for bona fide law enforcement 1905
purposes in the course of an active criminal investigation. 1906
(10) Subsections (1) -(7) are not applicable to conduct 1907
authorized under chapter 566. 1908
Section 25. Subsection (1) of section 893.135, Florida 1909
Statutes, is amended to read: 1910
893.135 Trafficking; mandatory sentences; susp ension or 1911
reduction of sentences; conspiracy to engage in trafficking. — 1912
(1) Except as authorized in this chapter , or in chapter 1913
499 or chapter 566 and notwithstanding the provisions of s. 1914
893.13: 1915
(a) Any person who knowingly sells, purchases, 1916
manufactures, delivers, or brings into this state, or who is 1917
knowingly in actual or constructive possession of, in excess of 1918
25 pounds of cannabis, or 300 or more cannabis plants, commits a 1919
felony of the first degree, which felony shall be known as 1920
"trafficking in cannabis," punishable as provided in s. 775.082, 1921
s. 775.083, or s. 775.084. If the quantity of cannabis involved: 1922
1. Is in excess of 25 pounds, but less than 2,000 pounds, 1923
or is 300 or more cannabis plants, but not more than 2,000 1924
cannabis plants, such p erson shall be sentenced to a mandatory 1925
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minimum term of imprisonment of 3 years, and the defendant shall 1926
be ordered to pay a fine of $25,000. 1927
2. Is 2,000 pounds or more, but less than 10,000 pounds, 1928
or is 2,000 or more cannabis plants, but not more than 10,000 1929
cannabis plants, such person shall be sentenced to a mandatory 1930
minimum term of imprisonment of 7 years, and the defendant shall 1931
be ordered to pay a fine of $50,000. 1932
3. Is 10,000 pounds or more, or is 10,000 or more cannabis 1933
plants, such person sha ll be sentenced to a mandatory minimum 1934
term of imprisonment of 15 calendar years and pay a fine of 1935
$200,000. 1936
1937
For the purpose of this paragraph, a plant, including, but not 1938
limited to, a seedling or cutting, is a "cannabis plant" if it 1939
has some readily obs ervable evidence of root formation, such as 1940
root hairs. To determine if a piece or part of a cannabis plant 1941
severed from the cannabis plant is itself a cannabis plant, the 1942
severed piece or part must have some readily observable evidence 1943
of root formation, such as root hairs. Callous tissue is not 1944
readily observable evidence of root formation. The viability and 1945
sex of a plant and the fact that the plant may or may not be a 1946
dead harvested plant are not relevant in determining if the 1947
plant is a "cannabis plant " or in the charging of an offense 1948
under this paragraph. Upon conviction, the court shall impose 1949
the longest term of imprisonment provided for in this paragr aph. 1950
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(a)(b)1. Any person who knowingly sells, purchases, 1951
manufactures, delivers, or brings into t his state, or who is 1952
knowingly in actual or constructive possession of, 28 grams or 1953
more of cocaine, as described in s. 893.03(2)(a)4., or of any 1954
mixture containing cocaine, but less than 150 kilograms of 1955
cocaine or any such mixture, commits a felony of th e first 1956
degree, which felony shall be known as "trafficking in cocaine," 1957
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1958
If the quantity involved: 1959
a. Is 28 grams or more, but less than 200 grams, such 1960
person shall be sentenced to a manda tory minimum term of 1961
imprisonment of 3 years, and the defendant shall be ordered to 1962
pay a fine of $50,000. 1963
b. Is 200 grams or more, but less than 400 grams, such 1964
person shall be sentenced to a mandatory minimum term of 1965
imprisonment of 7 years, and the de fendant shall be ordered to 1966
pay a fine of $100,000. 1967
c. Is 400 grams or more, but less than 150 kilograms, such 1968
person shall be sentenced to a mandatory minimum term of 1969
imprisonment of 15 calendar years and pay a fine of $250,000. 1970
2. Any person who know ingly sells, purchases, 1971
manufactures, delivers, or brings into this state, or who is 1972
knowingly in actual or constructive possession of, 150 kilograms 1973
or more of cocaine, as described in s. 893.03(2)(a)4., commits 1974
the first degree felony of trafficking in c ocaine. A person who 1975
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has been convicted of the first degree felony of trafficking in 1976
cocaine under this subparagraph shall be punished by life 1977
imprisonment and is ineligible for any form of discretionary 1978
early release except pardon or executive clemency or conditional 1979
medical release under s. 947.149. However, if the court 1980
determines that, in addition to committing any act specified in 1981
this paragraph: 1982
a. The person intentionally killed an individual or 1983
counseled, commanded, induced, procured, or caused th e 1984
intentional killing of an individual and such killing was the 1985
result; or 1986
b. The person's conduct in committing that act led to a 1987
natural, though not inevitable, lethal result, 1988
1989
such person commits the capital felony of trafficking in 1990
cocaine, punishable as provided in ss. 775.082 and 921.142. Any 1991
person sentenced for a capital felony under this paragraph shall 1992
also be sentenced to pay the maximum fine provided under 1993
subparagraph 1. 1994
3. Any person who knowingly brings into this state 300 1995
kilograms or more of cocaine, as described in s. 893.03(2)(a)4., 1996
and who knows that the probable result of such importation would 1997
be the death of any person, commits capital importation of 1998
cocaine, a capital felony punishable as provided in ss. 775.082 1999
and 921.142. Any person sentenced for a capital felony under 2000
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this paragraph shall also be sentenced to pay the maximum fine 2001
provided under subparagraph 1. 2002
(b)(c)1. A person who knowingly sells, purchases, 2003
manufactures, delivers, or brings into this state, or who is 2004
knowingly in actual or constructive possession of, 4 grams or 2005
more of any morphine, opium, hydromorphone, or any salt, 2006
derivative, isomer, or salt of an isomer thereof, including 2007
heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or 2008
(3)(c)4., or 4 grams or more of any mixture containing any such 2009
substance, but less than 30 kilograms of such substance or 2010
mixture, commits a felony of the first degree, which felony 2011
shall be known as "trafficking in illegal drugs," punishable as 2012
provided in s. 775.082, s. 775 .083, or s. 775.084. If the 2013
quantity involved: 2014
a. Is 4 grams or more, but less than 14 grams, such person 2015
shall be sentenced to a mandatory minimum term of imprisonment 2016
of 3 years and shall be ordered to pay a fine of $50,000. 2017
b. Is 14 grams or more, b ut less than 28 grams, such 2018
person shall be sentenced to a mandatory minimum term of 2019
imprisonment of 15 years and shall be ordered to pay a fine of 2020
$100,000. 2021
c. Is 28 grams or more, but less than 30 kilograms, such 2022
person shall be sentenced to a mandator y minimum term of 2023
imprisonment of 25 years and shall be ordered to pay a fine of 2024
$500,000. 2025
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2. A person who knowingly sells, purchases, manufactures, 2026
delivers, or brings into this state, or who is knowingly in 2027
actual or constructive possession of, 28 gram s or more of 2028
hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as 2029
described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 2030
grams or more of any mixture containing any such substance, 2031
commits a felony of the first degree, which felony shall be 2032
known as "trafficking in hydrocodone," punishable as provided in 2033
s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: 2034
a. Is 28 grams or more, but less than 50 grams, such 2035
person shall be sentenced to a mandatory minimum term of 2036
imprisonment of 3 years and shall be ordered to pay a fine of 2037
$50,000. 2038
b. Is 50 grams or more, but less than 100 grams, such 2039
person shall be sentenced to a mandatory minimum term of 2040
imprisonment of 7 years and shall be ordered to pay a fine of 2041
$100,000. 2042
c. Is 100 grams or more, but less than 300 grams, such 2043
person shall be sentenced to a mandatory minimum term of 2044
imprisonment of 15 years and shall be ordered to pay a fine of 2045
$500,000. 2046
d. Is 300 grams or more, but less than 30 kilograms, such 2047
person shall be sente nced to a mandatory minimum term of 2048
imprisonment of 25 years and shall be ordered to pay a fine of 2049
$750,000. 2050
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3. A person who knowingly sells, purchases, manufactures, 2051
delivers, or brings into this state, or who is knowingly in 2052
actual or constructive poss ession of, 7 grams or more of 2053
oxycodone, as described in s. 893.03(2)(a)1.q., or any salt 2054
thereof, or 7 grams or more of any mixture containing any such 2055
substance, commits a felony of the first degree, which felony 2056
shall be known as "trafficking in oxycodo ne," punishable as 2057
provided in s. 775.082, s. 775.083, or s. 775.084. If the 2058
quantity involved: 2059
a. Is 7 grams or more, but less than 14 grams, such person 2060
shall be sentenced to a mandatory minimum term of imprisonment 2061
of 3 years and shall be ordered to p ay a fine of $50,000. 2062
b. Is 14 grams or more, but less than 25 grams, such 2063
person shall be sentenced to a mandatory minimum term of 2064
imprisonment of 7 years and shall be ordered to pay a fine of 2065
$100,000. 2066
c. Is 25 grams or more, but less than 100 grams, such 2067
person shall be sentenced to a mandatory minimum term of 2068
imprisonment of 15 years and shall be ordered to pay a fine of 2069
$500,000. 2070
d. Is 100 grams or more, but less than 30 kilograms, such 2071
person shall be sentenced to a mandatory minimum term of 2072
imprisonment of 25 years and shall be ordered to pay a fine of 2073
$750,000. 2074
4.a. A person who knowingly sells, purchases, 2075
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manufactures, delivers, or brings into this state, or who is 2076
knowingly in actual or constructive possession of, 4 grams or 2077
more of: 2078
(I) Alfentanil, as described in s. 893.03(2)(b)1.; 2079
(II) Carfentanil, as described in s. 893.03(2)(b)6.; 2080
(III) Fentanyl, as described in s. 893.03(2)(b)9.; 2081
(IV) Sufentanil, as described in s. 893.03(2)(b)30.; 2082
(V) A fentanyl derivative, as described in s . 2083
893.03(1)(a)62.; 2084
(VI) A controlled substance analog, as described in s. 2085
893.0356, of any substance described in sub -sub-subparagraphs 2086
(I)-(V); or 2087
(VII) A mixture containing any substance described in sub -2088
sub-subparagraphs (I)-(VI), 2089
2090
commits a felony of the first degree, which felony shall be 2091
known as "trafficking in fentanyl," punishable as provided in s. 2092
775.082, s. 775.083, or s. 775.084. 2093
b. If the quantity involved under sub -subparagraph a.: 2094
(I) Is 4 grams or more, but less than 14 grams, such 2095
person shall be sentenced to a mandatory minimum term of 2096
imprisonment of 3 years, and shall be ordered to pay a fine of 2097
$50,000. 2098
(II) Is 14 grams or more, but less than 28 grams, such 2099
person shall be sentenced to a mandatory minimum term of 2100
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imprisonment of 15 years, and shall be ordered to pay a fine of 2101
$100,000. 2102
(III) Is 28 grams or more, such person shall be sentenced 2103
to a mandatory minimum term of imprisonment of 25 years, and 2104
shall be ordered to pay a fine of $500,000. 2105
5. A person who knowingly se lls, purchases, manufactures, 2106
delivers, or brings into this state, or who is knowingly in 2107
actual or constructive possession of, 30 kilograms or more of 2108
any morphine, opium, oxycodone, hydrocodone, codeine, 2109
hydromorphone, or any salt, derivative, isomer, or salt of an 2110
isomer thereof, including heroin, as described in s. 2111
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or 2112
more of any mixture containing any such substance, commits the 2113
first degree felony of trafficking in illegal drugs. A person 2114
who has been convicted of the first degree felony of trafficking 2115
in illegal drugs under this subparagraph shall be punished by 2116
life imprisonment and is ineligible for any form of 2117
discretionary early release except pardon or executive clemency 2118
or conditional medical release under s. 947.149. However, if the 2119
court determines that, in addition to committing any act 2120
specified in this paragraph: 2121
a. The person intentionally killed an individual or 2122
counseled, commanded, induced, procured, or caused the 2123
intentional killing of an individual and such killing was the 2124
result; or 2125
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b. The person's conduct in committing that act led to a 2126
natural, though not inevitable, lethal result, 2127
2128
such person commits the capital felony of trafficking in illegal 2129
drugs, punishable as pr ovided in ss. 775.082 and 921.142. A 2130
person sentenced for a capital felony under this paragraph shall 2131
also be sentenced to pay the maximum fine provided under 2132
subparagraph 1. 2133
6. A person who knowingly brings into this state 60 2134
kilograms or more of any mo rphine, opium, oxycodone, 2135
hydrocodone, codeine, hydromorphone, or any salt, derivative, 2136
isomer, or salt of an isomer thereof, including heroin, as 2137
described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 2138
60 kilograms or more of any mixture containin g any such 2139
substance, and who knows that the probable result of such 2140
importation would be the death of a person, commits capital 2141
importation of illegal drugs, a capital felony punishable as 2142
provided in ss. 775.082 and 921.142. A person sentenced for a 2143
capital felony under this paragraph shall also be sentenced to 2144
pay the maximum fine provided under subparagraph 1. 2145
(c)(d)1. Any person who knowingly sells, purchases, 2146
manufactures, delivers, or brings into this state, or who is 2147
knowingly in actual or constru ctive possession of, 28 grams or 2148
more of phencyclidine, as described in s. 893.03(2)(b)23., a 2149
substituted phenylcyclohexylamine, as described in s. 2150
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893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described 2151
in s. 893.03(1)(c)12., 31., 37., 102., or 145 . s. 2152
893.03(1)(c)13., 32., 38., 103., or 146. , or of any mixture 2153
containing phencyclidine, as described in s. 893.03(2)(b)23., a 2154
substituted phenylcyclohexylamine, as described in s. 2155
893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described 2156
in s. 893.03(1)(c)12., 31., 37., 102., or 145. s. 2157
893.03(1)(c)13., 32., 38., 103., or 146. , commits a felony of 2158
the first degree, which felony shall be known as "trafficking in 2159
phencyclidine," punishable as provided in s. 775.082, s. 2160
775.083, or s. 775.084. If the q uantity involved: 2161
a. Is 28 grams or more, but less than 200 grams, such 2162
person shall be sentenced to a mandatory minimum term of 2163
imprisonment of 3 years, and the defendant shall be ordered to 2164
pay a fine of $50,000. 2165
b. Is 200 grams or more, but less than 400 grams, such 2166
person shall be sentenced to a mandatory minimum term of 2167
imprisonment of 7 years, and the defendant shall be ordered to 2168
pay a fine of $100,000. 2169
c. Is 400 grams or more, such person shall be sentenced to 2170
a mandatory minimum term of im prisonment of 15 calendar years 2171
and pay a fine of $250,000. 2172
2. Any person who knowingly brings into this state 800 2173
grams or more of phencyclidine, as described in s. 2174
893.03(2)(b)23., a substituted phenylcyclohexylamine, as 2175
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described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a 2176
substance described in s. 893.03(1)(c)12., 31., 37., 102., or 2177
145. s. 893.03(1)(c)13., 32., 38., 103., or 146. , or of any 2178
mixture containing phencyclidine, as described in s. 2179
893.03(2)(b)23., a substituted phenylcyclohexylamine, as 2180
described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a 2181
substance described in s. 893.03(1)(c)12., 31., 37., 102., or 2182
145. s. 893.03(1)(c)13., 32., 38., 103., or 146. , and who knows 2183
that the probable result of such importation would be the death 2184
of any person commits capital importation of phencyclidine, a 2185
capital felony punishable as provided in ss. 775.082 and 2186
921.142. Any person sentenced for a capital felony under this 2187
paragraph shall also be sentenced to pay the maximum fine 2188
provided under subpa ragraph 1. 2189
(d)(e)1. Any person who knowingly sells, purchases, 2190
manufactures, delivers, or brings into this state, or who is 2191
knowingly in actual or constructive possession of, 200 grams or 2192
more of methaqualone or of any mixture containing methaqualone, 2193
as described in s. 893.03(1)(d), commits a felony of the first 2194
degree, which felony shall be known as "trafficking in 2195
methaqualone," punishable as provided in s. 775.082, s. 775.083, 2196
or s. 775.084. If the quantity involved: 2197
a. Is 200 grams or more, but les s than 5 kilograms, such 2198
person shall be sentenced to a mandatory minimum term of 2199
imprisonment of 3 years, and the defendant shall be ordered to 2200
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pay a fine of $50,000. 2201
b. Is 5 kilograms or more, but less than 25 kilograms, 2202
such person shall be sentenced to a mandatory minimum term of 2203
imprisonment of 7 years, and the defendant shall be ordered to 2204
pay a fine of $100,000. 2205
c. Is 25 kilograms or more, such person shall be sentenced 2206
to a mandatory minimum term of imprisonment of 15 calendar years 2207
and pay a fine of $250,000. 2208
2. Any person who knowingly brings into this state 50 2209
kilograms or more of methaqualone or of any mixture containing 2210
methaqualone, as described in s. 893.03(1)(d), and who knows 2211
that the probable result of such importation would be the de ath 2212
of any person commits capital importation of methaqualone, a 2213
capital felony punishable as provided in ss. 775.082 and 2214
921.142. Any person sentenced for a capital felony under this 2215
paragraph shall also be sentenced to pay the maximum fine 2216
provided under subparagraph 1. 2217
(e)(f)1. Any person who knowingly sells, purchases, 2218
manufactures, delivers, or brings into this state, or who is 2219
knowingly in actual or constructive possession of, 14 grams or 2220
more of amphetamine, as described in s. 893.03(2)(c)2., or 2221
methamphetamine, as described in s. 893.03(2)(c)5., or of any 2222
mixture containing amphetamine or methamphetamine, or 2223
phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine 2224
in conjunction with other chemicals and equipment utilized in 2225
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the manufacture of amphetamine or methamphetamine, commits a 2226
felony of the first degree, which felony shall be known as 2227
"trafficking in amphetamine," punishable as provided in s. 2228
775.082, s. 775.083, or s. 775.084. If the quantity involved: 2229
a. Is 14 grams or more, but l ess than 28 grams, such 2230
person shall be sentenced to a mandatory minimum term of 2231
imprisonment of 3 years, and the defendant shall be ordered to 2232
pay a fine of $50,000. 2233
b. Is 28 grams or more, but less than 200 grams, such 2234
person shall be sentenced to a ma ndatory minimum term of 2235
imprisonment of 7 years, and the defendant shall be ordered to 2236
pay a fine of $100,000. 2237
c. Is 200 grams or more, such person shall be sentenced to 2238
a mandatory minimum term of imprisonment of 15 calendar years 2239
and pay a fine of $250 ,000. 2240
2. Any person who knowingly manufactures or brings into 2241
this state 400 grams or more of amphetamine, as described in s. 2242
893.03(2)(c)2., or methamphetamine, as described in s. 2243
893.03(2)(c)5., or of any mixture containing amphetamine or 2244
methamphetamine, or phenylacetone, phenylacetic acid, 2245
pseudoephedrine, or ephedrine in conjunction with other 2246
chemicals and equipment used in the manufacture of amphetamine 2247
or methamphetamine, and who knows that the probable result of 2248
such manufacture or importation wo uld be the death of any person 2249
commits capital manufacture or importation of amphetamine, a 2250
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capital felony punishable as provided in ss. 775.082 and 2251
921.142. Any person sentenced for a capital felony under this 2252
paragraph shall also be sentenced to pay the maximum fine 2253
provided under subparagraph 1. 2254
(f)(g)1. Any person who knowingly sells, purchases, 2255
manufactures, delivers, or brings into this state, or who is 2256
knowingly in actual or constructive possession of, 4 grams or 2257
more of flunitrazepam or any mixtur e containing flunitrazepam as 2258
described in s. 893.03(1)(a) commits a felony of the first 2259
degree, which felony shall be known as "trafficking in 2260
flunitrazepam," punishable as provided in s. 775.082, s. 2261
775.083, or s. 775.084. If the quantity involved: 2262
a. Is 4 grams or more but less than 14 grams, such person 2263
shall be sentenced to a mandatory minimum term of imprisonment 2264
of 3 years, and the defendant shall be ordered to pay a fine of 2265
$50,000. 2266
b. Is 14 grams or more but less than 28 grams, such person 2267
shall be sentenced to a mandatory minimum term of imprisonment 2268
of 7 years, and the defendant shall be ordered to pay a fine of 2269
$100,000. 2270
c. Is 28 grams or more but less than 30 kilograms, such 2271
person shall be sentenced to a mandatory minimum term of 2272
imprisonment of 25 calendar years and pay a fine of $500,000. 2273
2. Any person who knowingly sells, purchases, 2274
manufactures, delivers, or brings into this state or who is 2275
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knowingly in actual or constructive possession of 30 kilograms 2276
or more of flunitrazepam or any mixture containing flunitrazepam 2277
as described in s. 893.03(1)(a) commits the first degree felony 2278
of trafficking in flunitrazepam. A person who has been convicted 2279
of the first degree felony of trafficking in flunitrazepam under 2280
this subparagraph shall be p unished by life imprisonment and is 2281
ineligible for any form of discretionary early release except 2282
pardon or executive clemency or conditional medical release 2283
under s. 947.149. However, if the court determines that, in 2284
addition to committing any act specifi ed in this paragraph: 2285
a. The person intentionally killed an individual or 2286
counseled, commanded, induced, procured, or caused the 2287
intentional killing of an individual and such killing was the 2288
result; or 2289
b. The person's conduct in committing that act led to a 2290
natural, though not inevitable, lethal result, 2291
2292
such person commits the capital felony of trafficking in 2293
flunitrazepam, punishable as provided in ss. 775.082 and 2294
921.142. Any person sentenced for a capital felony under this 2295
paragraph shall also be se ntenced to pay the maximum fine 2296
provided under subparagraph 1. 2297
(g)(h)1. Any person who knowingly sells, purchases, 2298
manufactures, delivers, or brings into this state, or who is 2299
knowingly in actual or constructive possession of, 1 kilogram or 2300
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more of gamma-hydroxybutyric acid (GHB), as described in s. 2301
893.03(1)(d), or any mixture containing gamma -hydroxybutyric 2302
acid (GHB), commits a felony of the first degree, which felony 2303
shall be known as "trafficking in gamma -hydroxybutyric acid 2304
(GHB)," punishable a s provided in s. 775.082, s. 775.083, or s. 2305
775.084. If the quantity involved: 2306
a. Is 1 kilogram or more but less than 5 kilograms, such 2307
person shall be sentenced to a mandatory minimum term of 2308
imprisonment of 3 years, and the defendant shall be ordered t o 2309
pay a fine of $50,000. 2310
b. Is 5 kilograms or more but less than 10 kilograms, such 2311
person shall be sentenced to a mandatory minimum term of 2312
imprisonment of 7 years, and the defendant shall be ordered to 2313
pay a fine of $100,000. 2314
c. Is 10 kilograms or mo re, such person shall be sentenced 2315
to a mandatory minimum term of imprisonment of 15 calendar years 2316
and pay a fine of $250,000. 2317
2. Any person who knowingly manufactures or brings into 2318
this state 150 kilograms or more of gamma -hydroxybutyric acid 2319
(GHB), as described in s. 893.03(1)(d), or any mixture 2320
containing gamma-hydroxybutyric acid (GHB), and who knows that 2321
the probable result of such manufacture or importation would be 2322
the death of any person commits capital manufacture or 2323
importation of gamma -hydroxybutyric acid (GHB), a capital felony 2324
punishable as provided in ss. 775.082 and 921.142. Any person 2325
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sentenced for a capital felony under this paragraph shall also 2326
be sentenced to pay the maximum fine provided under subparagraph 2327
1. 2328
(h)(i)1. Any person who knowingly sells, purchases, 2329
manufactures, delivers, or brings into this state, or who is 2330
knowingly in actual or constructive possession of, 1 kilogram or 2331
more of gamma-butyrolactone (GBL), as described in s. 2332
893.03(1)(d), or any mixture containing gamma -butyrolactone 2333
(GBL), commits a felony of the first degree, which felony shall 2334
be known as "trafficking in gamma -butyrolactone (GBL)," 2335
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2336
If the quantity involved: 2337
a. Is 1 kilogram or more but less than 5 kilograms, such 2338
person shall be sentenced to a mandatory minimum term of 2339
imprisonment of 3 years, and the defendant shall be ordered to 2340
pay a fine of $50,000. 2341
b. Is 5 kilograms or more but less than 10 kilograms, such 2342
person shall be sentence d to a mandatory minimum term of 2343
imprisonment of 7 years, and the defendant shall be ordered to 2344
pay a fine of $100,000. 2345
c. Is 10 kilograms or more, such person shall be sentenced 2346
to a mandatory minimum term of imprisonment of 15 calendar years 2347
and pay a fine of $250,000. 2348
2. Any person who knowingly manufactures or brings into 2349
the state 150 kilograms or more of gamma -butyrolactone (GBL), as 2350
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described in s. 893.03(1)(d), or any mixture containing gamma -2351
butyrolactone (GBL), and who knows that the probable result of 2352
such manufacture or importation would be the death of any person 2353
commits capital manufacture or importation of gamma -2354
butyrolactone (GBL), a capital felony punishable as provided in 2355
ss. 775.082 and 921.142. Any person sentenced for a capital 2356
felony under this paragraph shall also be sentenced to pay the 2357
maximum fine provided under subparagraph 1. 2358
(i)(j)1. Any person who knowingly sells, purchases, 2359
manufactures, delivers, or brings into this state, or who is 2360
knowingly in actual or constructive pos session of, 1 kilogram or 2361
more of 1,4-Butanediol as described in s. 893.03(1)(d), or of 2362
any mixture containing 1,4 -Butanediol, commits a felony of the 2363
first degree, which felony shall be known as "trafficking in 2364
1,4-Butanediol," punishable as provided in s . 775.082, s. 2365
775.083, or s. 775.084. If the quantity involved: 2366
a. Is 1 kilogram or more, but less than 5 kilograms, such 2367
person shall be sentenced to a mandatory minimum term of 2368
imprisonment of 3 years, and the defendant shall be ordered to 2369
pay a fine of $50,000. 2370
b. Is 5 kilograms or more, but less than 10 kilograms, 2371
such person shall be sentenced to a mandatory minimum term of 2372
imprisonment of 7 years, and the defendant shall be ordered to 2373
pay a fine of $100,000. 2374
c. Is 10 kilograms or more, such pers on shall be sentenced 2375
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to a mandatory minimum term of imprisonment of 15 calendar years 2376
and pay a fine of $500,000. 2377
2. Any person who knowingly manufactures or brings into 2378
this state 150 kilograms or more of 1,4 -Butanediol as described 2379
in s. 893.03(1)(d), or any mixture containing 1,4 -Butanediol, 2380
and who knows that the probable result of such manufacture or 2381
importation would be the death of any person commits capital 2382
manufacture or importation of 1,4 -Butanediol, a capital felony 2383
punishable as provided in s s. 775.082 and 921.142. Any person 2384
sentenced for a capital felony under this paragraph shall also 2385
be sentenced to pay the maximum fine provided under subparagraph 2386
1. 2387
(j)(k)1. A person who knowingly sells, purchases, 2388
manufactures, delivers, or brings into this state, or who is 2389
knowingly in actual or constructive possession of, 10 grams or 2390
more of a: 2391
a. Substance described in s. 893.03(1)(c)4., 5., 9., 10., 2392
14., 16., 20.-26., 28., 38., 39.-44., 57., 71.-79., 80.-85., 2393
89.-101., 103.-107., 109.-112., 142.-144., 147.-149., 159.-162., 2394
164., or 186.-188. s. 893.03(1)(c)4., 5., 10., 11., 15., 17., 2395
21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102., 2396
104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or 2397
187.-189., a substituted cathinone, as des cribed in s. 2398
893.03(1)(c)190. s. 893.03(1)(c)191., or substituted 2399
phenethylamine, as described in s. 893.03(1)(c)191. s. 2400
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893.03(1)(c)192.; 2401
b. Mixture containing any substance described in sub -2402
subparagraph a.; or 2403
c. Salt, isomer, ester, or ether or salt of an isomer, 2404
ester, or ether of a substance described in sub -subparagraph a., 2405
2406
commits a felony of the first degree, which felony shall be 2407
known as "trafficking in phenethylamines," punishable as 2408
provided in s. 775.082, s. 775.083, or s. 775.084. 2409
2. If the quantity involved under subparagraph 1.: 2410
a. Is 10 grams or more, but less than 200 grams, such 2411
person shall be sentenced to a mandatory minimum term of 2412
imprisonment of 3 years and shall be ordered to pay a fine of 2413
$50,000. 2414
b. Is 200 grams or more, but less than 400 grams, such 2415
person shall be sentenced to a mandatory minimum term of 2416
imprisonment of 7 years and shall be ordered to pay a fine of 2417
$100,000. 2418
c. Is 400 grams or more, such person shall be sentenced to 2419
a mandatory minimum term of impriso nment of 15 years and shall 2420
be ordered to pay a fine of $250,000. 2421
3. A person who knowingly manufactures or brings into this 2422
state 30 kilograms or more of a substance described in sub -2423
subparagraph 1.a., a mixture described in sub -subparagraph 1.b., 2424
or a salt, isomer, ester, or ether or a salt of an isomer, 2425
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ester, or ether described in sub -subparagraph 1.c., and who 2426
knows that the probable result of such manufacture or 2427
importation would be the death of any person commits capital 2428
manufacture or importation of phenethylamines, a capital felony 2429
punishable as provided in ss. 775.082 and 921.142. A person 2430
sentenced for a capital felony under this paragraph shall also 2431
be sentenced to pay the maximum fine under subparagraph 2. 2432
(k)(l)1. Any person who knowingly s ells, purchases, 2433
manufactures, delivers, or brings into this state, or who is 2434
knowingly in actual or constructive possession of, 1 gram or 2435
more of lysergic acid diethylamide (LSD) as described in s. 2436
893.03(1)(c), or of any mixture containing lysergic acid 2437
diethylamide (LSD), commits a felony of the first degree, which 2438
felony shall be known as "trafficking in lysergic acid 2439
diethylamide (LSD)," punishable as provided in s. 775.082, s. 2440
775.083, or s. 775.084. If the quantity involved: 2441
a. Is 1 gram or more, b ut less than 5 grams, such person 2442
shall be sentenced to a mandatory minimum term of imprisonment 2443
of 3 years, and the defendant shall be ordered to pay a fine of 2444
$50,000. 2445
b. Is 5 grams or more, but less than 7 grams, such person 2446
shall be sentenced to a ma ndatory minimum term of imprisonment 2447
of 7 years, and the defendant shall be ordered to pay a fine of 2448
$100,000. 2449
c. Is 7 grams or more, such person shall be sentenced to a 2450
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mandatory minimum term of imprisonment of 15 calendar years and 2451
pay a fine of $500,0 00. 2452
2. Any person who knowingly manufactures or brings into 2453
this state 7 grams or more of lysergic acid diethylamide (LSD) 2454
as described in s. 893.03(1)(c), or any mixture containing 2455
lysergic acid diethylamide (LSD), and who knows that the 2456
probable result of such manufacture or importation would be the 2457
death of any person commits capital manufacture or importation 2458
of lysergic acid diethylamide (LSD), a capital felony punishable 2459
as provided in ss. 775.082 and 921.142. Any person sentenced for 2460
a capital felony under this paragraph shall also be sentenced to 2461
pay the maximum fine provided under subparagraph 1. 2462
(l)(m)1. A person who knowingly sells, purchases, 2463
manufactures, delivers, or brings into this state, or who is 2464
knowingly in actual or constructive poss ession of, 280 grams or 2465
more of a: 2466
a. Substance described in s. 893.03(1)(c)29., 45. -49., 2467
113.-141., 150.-155., 165.-172., or 175.-185. s. 2468
893.03(1)(c)30., 46. -50., 114.-142., 151.-156., 166.-173., or 2469
176.-186. or a synthetic cannabinoid, as described in s. 2470
893.03(1)(c)189. s. 893.03(1)(c)190.; or 2471
b. Mixture containing any substance described in sub -2472
subparagraph a., 2473
2474
commits a felony of the first degree, which felony shall be 2475
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known as "trafficking in synthetic cannabinoids," punishable as 2476
provided in s. 775.082, s. 775.083, or s. 775.084. 2477
2. If the quantity involved under subparagraph 1.: 2478
a. Is 280 grams or more, but less than 500 grams, such 2479
person shall be sentenced to a mandatory minimum term of 2480
imprisonment of 3 years, and the defendant shall be ordered to 2481
pay a fine of $50,000. 2482
b. Is 500 grams or more, but less than 1,000 grams, such 2483
person shall be sentenced to a mandatory minimum term of 2484
imprisonment of 7 years, and the defendant shall be ordered to 2485
pay a fine of $100,000. 2486
c. Is 1,000 grams or more, but less than 30 kilograms, 2487
such person shall be sentenced to a mandatory minimum term of 2488
imprisonment of 15 years, and the defendant shall be ordered to 2489
pay a fine of $200,000. 2490
d. Is 30 kilograms or more, such person shall be sentenced 2491
to a mandatory minimum term of imprisonment of 25 years, and the 2492
defendant shall be ordered to pay a fine of $750,000. 2493
(m)(n)1. A person who knowingly sells, purchases, 2494
manufactures, delivers, or brings into this state, or who is 2495
knowingly in actual or construc tive possession of, 14 grams or 2496
more of: 2497
a. A substance described in s. 893.03(1)(c)163., 173., or 2498
174. s. 893.03(1)(c)164., 174., or 175. , a n-benzyl 2499
phenethylamine compound, as described in s. 893.03(1)(c)192. s. 2500
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893.03(1)(c)193.; or 2501
b. A mixture containing any substance described in sub -2502
subparagraph a., 2503
2504
commits a felony of the first degree, which felony shall be 2505
known as "trafficking in n -benzyl phenethylamines," punishable 2506
as provided in s. 775.082, s. 775.083, or s. 775.084. 2507
2. If the quantity i nvolved under subparagraph 1.: 2508
a. Is 14 grams or more, but less than 100 grams, such 2509
person shall be sentenced to a mandatory minimum term of 2510
imprisonment of 3 years, and the defendant shall be ordered to 2511
pay a fine of $50,000. 2512
b. Is 100 grams or more, but less than 200 grams, such 2513
person shall be sentenced to a mandatory minimum term of 2514
imprisonment of 7 years, and the defendant shall be ordered to 2515
pay a fine of $100,000. 2516
c. Is 200 grams or more, such person shall be sentenced to 2517
a mandatory minimum term of imprisonment of 15 years, and the 2518
defendant shall be ordered to pay a fine of $500,000. 2519
3. A person who knowingly manufactures or brings into this 2520
state 400 grams or more of a substance described in sub -2521
subparagraph 1.a. or a mixture described in sub-subparagraph 2522
1.b., and who knows that the probable result of such manufacture 2523
or importation would be the death of any person commits capital 2524
manufacture or importation of a n -benzyl phenethylamine 2525
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compound, a capital felony punishable as provided in ss. 775.082 2526
and 921.142. A person sentenced for a capital felony under this 2527
paragraph shall also be sentenced to pay the maximum fine under 2528
subparagraph 2. 2529
Section 26. Section 893.13501, Florida Statutes, is 2530
created to read: 2531
893.13501 Retroactive eff ect of amendments to ss. 893.03, 2532
89.013, and 893.135. - 2533
(1) It is the intent of the Legislature to retroactively 2534
apply changes to ss. 893.03, 89.013, and 893.135 made by this 2535
act which are applicable to offenders who committed offenses on 2536
or after the effective date of those provisions as originally 2537
enacted. A person who committed an offense and is currently in 2538
the custody of the Department of Corrections or subject to any 2539
form of supervision shall be resentenced as provided in 2540
subsection (2). 2541
(2) Sentence review under this section must occur in the 2542
following manner: 2543
(a) The Department of Corrections shall notify the person 2544
described in subsection (1) of his or her eligibility to request 2545
a sentence review hearing. 2546
(b) The person seeking sentence revie w under this section 2547
may submit an application to the court of original jurisdiction 2548
requesting that a sentence review hearing be held. The 2549
sentencing court retains original jurisdiction for the duration 2550
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of the sentence for this purpose. 2551
(c) A person who is eligible for a sentence review hearing 2552
under this section is entitled to be represented by counsel. The 2553
court shall appoint a public defender to represent the person if 2554
he or she cannot afford an attorney. 2555
(d) Upon receiving an application from the e ligible 2556
person, the court of original sentencing jurisdiction shall hold 2557
a sentence review hearing to determine if the eligible person 2558
meets the criteria for resentencing or release under this 2559
section. 2560
1. If the person has no further charges remaining, t he 2561
person shall be released immediately. 2562
2. If the court determines at the sentence review hearing 2563
that the eligible person meets the criteria in this section for 2564
resentencing, the court must resentence the person as provided 2565
in this section; however, th e new sentence may not exceed the 2566
person's original sentence with credit for time served. 2567
3. If the court determines that such person does not meet 2568
the criteria for resentencing under this section, the court must 2569
provide written reasons why such person d oes not meet such 2570
criteria. 2571
(e) A person sentenced or resentenced pursuant to this 2572
section is eligible to receive any gain -time pursuant to s. 2573
944.275 which he or she was previously ineligible to receive due 2574
to the original offense that is now subject to resentencing. 2575
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(3) This section does not apply to any offense which had 2576
violence or a threat of violence as an element of the offense. 2577
Section 27. Paragraphs (b), (e), (g), and (h) of 2578
subsection (3) of section 921.0022, Florida Statutes, are 2579
amended to read: 2580
921.0022 Criminal Punishment Code; offense severity 2581
ranking chart.— 2582
(3) OFFENSE SEVERITY RANKING CHART 2583
(b) LEVEL 2 2584
2585
Florida
Statute
Felony
Degree Description
2586
379.2431
(1)(e)3.
3rd Possession of 11 or fewer
marine turtle eggs in violation
of the Marine Turtle Protection
Act.
2587
379.2431
(1)(e)4.
3rd Possession of more than 11
marine turtle eggs in violation
of the Marine Turtle Protection
Act.
2588
403.413(6)(c) 3rd Dumps waste litter exceeding
500 lbs. in weight or 100 cubic
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feet in volume or any quantity
for commercial purposes, or
hazardous waste.
2589
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
2590
590.28(1) 3rd Intentional burning of lands.
2591
784.03(3) 3rd Battery during a riot or an
aggravated riot.
2592
784.05(3) 3rd Storing or leaving a loaded
firearm within reach of minor
who uses it to inflict injury
or death.
2593
787.04(1) 3rd In violation of court order,
take, entice, etc., minor
beyond state limits.
2594
806.13(1)(b)3. 3rd Criminal mischief; damage
$1,000 or more to public
communication or any other
public service.
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2595
806.13(3) 3rd Criminal mischief; damage of
$200 or more to a memorial or
historic property.
2596
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;
facilitating or furthering
burglary.
2597
810.09(2)(e) 3rd Trespassing on posted
commercial horticulture
property.
2598
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750
or more but less than $5,000.
2599
812.014(2)(d) 3rd Grand theft, 3rd degree; $100
or more but less than $750,
taken from unenclosed curtilage
of dwelling.
2600
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
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countermeasure.
2601
817.234(1)(a)2. 3rd False statement in support of
insurance claim.
2602
817.481(3)(a) 3rd Obtain credit or purchase w ith
false, expired, counterfeit,
etc., credit card, value over
$300.
2603
817.52(3) 3rd Failure to redeliver hired
vehicle.
2604
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
2605
817.60(5) 3rd Dealing in credit cards of
another.
2606
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
2607
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
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months.
2608
826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
2609
831.01 3rd Forgery.
2610
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
2611
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
2612
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or
drafts.
2613
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
2614
831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
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notes.
2615
832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
2616
843.08 3rd False personation.
2617
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.
2618
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
2619
(e) LEVEL 5 2620
2621
Florida
Statute
Felony
Degree Description
2622
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
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leaving scene.
2623
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
2624
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
2625
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
2626
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
2627
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,
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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.
2628
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
2629
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
2630
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
2631
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
2632
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
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2633
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
2634
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
2635
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
2636
790.01(2) 3rd Carrying a concealed firearm.
2637
790.162 2nd Threat to throw or discharge
destructive device.
2638
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
2639
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790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
2640
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
2641
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
2642
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
2643
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
2644
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
2645
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
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but less than $50,000.
2646
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
2647
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
2648
812.081(3) 2nd Trafficking in trade secrets.
2649
812.131(2)(b) 3rd Robbery by sudden snatching.
2650
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
2651
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
2652
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
2653
817.2341(1),
(2)(a) &
3rd Filing false financial
statements, making false
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(3)(a) entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
2654
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.
2655
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
2656
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
2657
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
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person or disabled adult.
2658
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child.
2659
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
sexual conduct by a child.
2660
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
2661
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.
2662
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843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
2663
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
2664
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
2665
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
2666
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
2667
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
2668
893.13(1)(a)1. 2nd Sell, manufacture, or deliver
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cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs).
2669
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.
2670
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.
2671
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
2672
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.
2673
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
2674
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
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2675
(g) LEVEL 7 2676
2677
Florida
Statute
Felony
Degree Description
2678
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
2679
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
2680
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.
2681
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
2682
402.319(2) 2nd Misrepresentation and
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negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
2683
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
2684
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
2685
456.065(2) 3rd Practicing a health care
profession without a license.
2686
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
2687
458.327(1) 3rd Practicing medicine without a
license.
2688
459.013(1) 3rd Practicing osteopathic medicine
without a license.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2689
460.411(1) 3rd Practicing chiropractic
medicine without a license.
2690
461.012(1) 3rd Practicing podiatric medicine
without a license.
2691
462.17 3rd Practicing naturopathy without
a license.
2692
463.015(1) 3rd Practicing optometry without a
license.
2693
464.016(1) 3rd Practicing nursing without a
license.
2694
465.015(2) 3rd Practicing pharmacy without a
license.
2695
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
2696
467.201 3rd Practicing midwifery without a
license.
2697
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468.366 3rd Delivering respiratory care
services without a license.
2698
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
2699
483.901(7) 3rd Practicing medical physics
without a license.
2700
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
2701
484.053 3rd Dispensing hearing aids without
a license.
2702
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.
2703
560.123(8)(b)1. 3rd Failure to report currency or
payment instruments exceeding
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
$300 but less than $20,000 by a
money services business.
2704
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
2705
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
2706
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
2707
775.21(10)(b) 3rd Sexual predator working where
children regularly congrega te.
2708
775.21(10)(g) 3rd Failure to report or providing
false information about a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sexual predator; harbor or
conceal a sexual predator.
2709
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
2710
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
2711
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
2712
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
2713
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784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
2714
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
2715
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
2716
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
2717
784.048(7) 3rd Aggravated stalking; violation
of court order.
2718
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
2719
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
2720
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2721
784.081(1) 1st Aggravated battery on specified
official or employee.
2722
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
2723
784.083(1) 1st Aggravated battery on code
inspector.
2724
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
2725
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.
2726
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2727
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
2728
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
2729
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
2730
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
2731
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
2732
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for in s. 874.04.
2733
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.
2734
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
2735
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
2736
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
2737
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.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2738
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.
2739
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
2740
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
2741
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
2742
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
2743
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
2744
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
2745
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
2746
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
2747
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency veh icle.
2748
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
2749
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
theft of property and traffics
in stolen property.
2750
812.131(2)(a) 2nd Robbery by sudden snatching.
2751
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
2752
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
2753
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
2754
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
2755
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
2756
817.2341
(2)(b) &
(3)(b)
1st Making false entries of
material fact or false
statements regarding property
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
2757
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
2758
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
2759
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
2760
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
2761
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
2762
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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.
2763
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
2764
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
2765
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
2766
838.015 2nd Bribery.
2767
838.016 2nd Unlawful compensation or reward
for official behavior.
2768
838.021(3)(a) 2nd Unlawful harm to a public
servant.
2769
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
838.22 2nd Bid tampering.
2770
843.0855(2) 3rd Impersonation of a public
officer or employee.
2771
843.0855(3) 3rd Unlawful simulation of legal
process.
2772
843.0855(4) 3rd Intimidation of a public
officer or employee.
2773
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
2774
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
2775
872.06 2nd Abuse of a dead human body.
2776
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
2777
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
2778
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.
2779
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other dru g
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.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2780
893.13(3)(a)
893.13(4)(a)
1st Use or hire of minor; deliver
to minor other controlled
substance.
2781
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
2782
893.135
(1)(a)1.a.
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
2783
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.
2784
893.135
(1)(b)2.a.
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
2785
893.135 1st Trafficking in hydrocodone, 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(b)2.b.
893.135
(1)(c)2.b.
grams or more, less than 100
grams.
2786
893.135
(1)(b)3.a.
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
2787
893.135
(1)(b)3.b.
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
2788
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.
2789
893.135
(1)(c)1.a.
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
2790
893.135(1)(d)1. 1st Trafficking in methaqualone,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135(1)(e)1. 200 grams or more, less than 5
kilograms.
2791
893.135(1)(e)1.
893.135(1)(f)1.
1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
2792
893.135
(1)(h)1.a.
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
2793
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.
2794
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.
2795
893.135
(1)(j)2.a.
893.135
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(k)2.a.
2796
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.
2797
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.
2798
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.
2799
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
2800
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
2801
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896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
2802
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure t o
comply with reporting
requirements.
2803
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
2804
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
2805
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
2806
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943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing fa lse
registration information.
2807
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
2808
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
2809
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
2810
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
2811
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985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
2812
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
2813
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
2814
(h) LEVEL 8 2815
2816
Florida
Statute
Felony
Degree Description
2817
316.193
(3)(c)3.a.
2nd DUI manslaughter.
2818
316.1935(4)(b) 1st Aggravated fleeing or attempted
eluding with serious bodily
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injury or death.
2819
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
2820
499.0051(6) 1st Knowing trafficking in
contraband prescription drugs.
2821
499.0051(7) 1st Knowing forgery of prescription
labels or prescription drug
labels.
2822
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.
2823
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.
2824
655.50(10)(b)2. 2nd Failure to report financial
transactions totaling or
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exceeding $20,000, but less
than $100,000 by financial
institutions.
2825
777.03(2)(a) 1st Accessory after the fact,
capital felony.
2826
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.
2827
782.051(2) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony not
enumerated in s. 782.04(3).
2828
782.071(1)(b) 1st Committing vehicular homicide
and failing to render aid or
give information.
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2829
782.072(2) 1st Committing vessel homicide and
failing to render aid or give
information.
2830
787.06(3)(a)1. 1st Human trafficking for labor and
services of a child.
2831
787.06(3)(b) 1st Human trafficking using
coercion for commercial sexual
activity of an adult.
2832
787.06(3)(c)2. 1st Human trafficking using
coercion for labor and services
of an unauthorized alien adult.
2833
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.
2834
787.06(3)(f)2. 1st Human trafficking using
coercion for commercial sexual
activity by the transfer or
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transport of any adult from
outside Florida to within the
state.
2835
790.161(3) 1st Discharging a destructive
device which results in bodily
harm or property damage.
2836
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.
2837
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.
2838
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
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likely to cause injury.
2839
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.
2840
794.08(3) 2nd Female genital mutilation,
removal of a victim younger
than 18 years of age from this
state.
2841
800.04(4)(b) 2nd Lewd or lascivious battery.
2842
800.04(4)(c) 1st Lewd or lascivious battery;
offender 18 years of age or
older; prior conviction for
specified sex offense.
2843
806.01(1) 1st Maliciously damage dwelling or
structure by fire or explosive,
believing person in structure.
2844
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810.02(2)(a) 1st,PBL Burglary with assault or
battery.
2845
810.02(2)(b) 1st,PBL Burglary; armed with explosives
or dangerous weapon.
2846
810.02(2)(c) 1st Burglary of a dwelling or
structure causing structural
damage or $1,000 or more
property damage.
2847
812.014(2)(a)2. 1st Property stolen; cargo valued
at $50,000 or more, grand theft
in 1st degree.
2848
812.13(2)(b) 1st Robbery with a weapon.
2849
812.135(2)(c) 1st Home-invasion robbery, no
firearm, deadly weapon, or
other weapon.
2850
817.418(2)(b) 2nd Offering for sale or
advertising personal protective
equipment with intent to
defraud; second or subsequent
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offense.
2851
817.504(1)(b) 2nd Offering or advertising a
vaccine with intent to defraud;
second or subsequent offense.
2852
817.505(4)(c) 1st Patient brokering; 20 or more
patients.
2853
817.535(2)(b) 2nd Filing false lien or other
unauthorized document; second
or subsequent offense.
2854
817.535(3)(a) 2nd Filing false lien or other
unauthorized document; property
owner is a public officer or
employee.
2855
817.535(4)(a)1. 2nd Filing false lien or other
unauthorized document;
defendant is incarcerated or
under supervision.
2856
817.535(5)(a) 2nd Filing false lien or other
unauthorized document; owner of
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the property incurs financial
loss as a result of the false
instrument.
2857
817.568(6) 2nd Fraudulent use of personal
identification information of
an individual under the age of
18.
2858
817.611(2)(c) 1st Traffic in or possess 50 or
more counterfeit credit cards
or related documents.
2859
825.102(2) 1st Aggravated abuse of an elderly
person or disabled adult.
2860
825.1025(2) 2nd Lewd or lascivious battery upon
an elderly person or disabled
adult.
2861
825.103(3)(a) 1st Exploiting an elderly person or
disabled adult and property is
valued at $50,000 or more.
2862
837.02(2) 2nd Perjury in official proceedings
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relating to prosecution of a
capital felony.
2863
837.021(2) 2nd Making contradictory statements
in official proceedings
relating to prosecution of a
capital felony.
2864
860.121(2)(c) 1st Shooting at or throwing any
object in path of railroad
vehicle resulting in great
bodily harm.
2865
860.16 1st Aircraft piracy.
2866
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).
2867
893.13(2)(b) 1st Purchase in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
2868
893.13(6)(c) 1st Possess in excess of 10 grams
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of any substance specified in
s. 893.03(1)(a) or (b).
2869
893.135(1)(a)2. 1st Trafficking in cannabis, more
than 2,000 lbs., less than
10,000 lbs.
2870
893.135
(1)(a)1.b.
893.135
(1)(b)1.b.
1st Trafficking in cocaine, more
than 200 grams, less than 400
grams.
2871
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.
2872
893.135
(1)(b)2.c.
893.135
(1)(c)2.c.
1st Trafficking in hydrocodone, 100
grams or more, less than 300
grams.
2873
893.135
(1)(b)3.c.
893.135
1st Trafficking in oxycodone, 25
grams or more, less than 100
grams.
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(1)(c)3.c.
2874
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.
2875
893.135
(1)(c)1.b.
893.135
(1)(d)1.b.
1st Trafficking in phencyclidine,
200 grams or more, less than
400 grams.
2876
893.135
(1)(d)1.b.
893.135
(1)(e)1.b.
1st Trafficking in methaqualone, 5
kilograms or more, less than 25
kilograms.
2877
893.135
(1)(e)1.b.
893.135
(1)(f)1.b.
1st Trafficking in amphetamine, 28
grams or more, less than 200
grams.
2878
893.135
(1)(f)1.b.
893.135
1st Trafficking in flunitrazepam,
14 grams or more, less than 28
grams.
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(1)(g)1.b.
2879
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.
2880
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.
2881
893.135
(1)(j)2.b.
893.135
(1)(k)2.b.
1st Trafficking in Phenethylamines,
200 grams or more, less than
400 grams.
2882
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.
2883
893.135
(1)(m)2.b.
893.135
1st Trafficking in n-benzyl
phenethylamines, 100 grams or
more, less than 200 grams.
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(1)(n)2.b.
2884
893.1351(3) 1st Possession of a place used to
manufacture controlled
substance when minor is present
or resides there.
2885
895.03(1) 1st Use or invest proceeds derived
from pattern of racketeering
activity.
2886
895.03(2) 1st Acquire or maintain through
racketeering activity any
interest in or control of any
enterprise or real property.
2887
895.03(3) 1st Conduct or participate in any
enterprise through pattern of
racketeering activity.
2888
896.101(5)(b) 2nd Money laundering, financial
transactions totaling or
exceeding $20,000, but less
than $100,000.
2889
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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.
2890
Section 28. Except as otherwise expressly provided in this 2891
act, and except for this section which shall take effect upon 2892
becoming a law, this act shall take effect July 1, 2023. 2893