The Florida Senate

893.031  Industrial exceptions to controlled substance scheduling.--

(1)  For the purpose of this section, the following meanings of terms shall apply:

(a)  "Manufacture" means any process or operation necessary for manufacturing a product.

(b)  "Distribution" means any process or operation necessary for distributing a product, including, but not limited to, wholesaling, delivery or transport, and storage.

(c)  "Manufacturer of 1,4-Butanediol" means a person who is involved in the manufacture of 1,4-Butanediol for use in the manufacture of an industrial product and who provides that manufactured 1,4-Butanediol to a distributor of 1,4-Butanediol or a manufacturer of an industrial product.

(d)  "Distributor of 1,4-Butanediol" means a person who is involved in the distribution of 1,4-Butanediol.

(e)  "Manufacturer of gamma-butyrolactone (GBL)" means a person who:

1.  Is involved in the manufacture of gamma-butyrolactone (GBL) for use in the manufacture of an industrial product and who provides that manufactured gamma-butyrolactone (GBL) to a distributor of gamma-butyrolactone (GBL) or a manufacturer of an industrial product; and

2.  Is in compliance with any requirements to register with the United States Drug Enforcement Administration as a List I Chemical registrant.

(f)  "Distributor of gamma-butyrolactone (GBL)" means a person who:

1.  Is involved in the distribution of gamma-butyrolactone (GBL); and

2.  Is in compliance with any requirements to register with the United States Drug Enforcement Administration as a List I Chemical registrant.

(g)  "Manufacturer of an industrial product" means a person who is involved in the manufacture of an industrial product in which that person acquires:

1.  1,4-Butanediol from a manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol and who possesses that substance for use in the manufacture of an industrial product; or

2.  Gamma-butyrolactone (GBL) from a manufacturer of gamma-butyrolactone (GBL) or a distributor of gamma-butyrolactone (GBL) and who possesses that substance for use in the manufacture of an industrial product.

(h)  "Distributor of an industrial product" means a person who is involved in the distribution of an industrial product.

(i)  "Industrial product" means a nondrug, noncontrolled finished product that is not for human consumption.

(j)  "Finished product" means a product:

1.  That does not contain either 1,4-Butanediol or gamma-butyrolactone (GBL); or

2.  From which neither 1,4-Butanediol nor gamma-butyrolactone (GBL) can be readily extracted or readily synthesized and which is not sold for human consumption.

(2)  1,4-Butanediol is excepted from scheduling pursuant to s. 893.03(1)(d)1. when that substance is in the possession of:

(a)  A manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol;

(b)  A manufacturer of an industrial product or a distributor of an industrial product; or

(c)  A person possessing a finished product.

(3)  Gamma-butyrolactone (GBL) is excepted from scheduling pursuant to s. 893.03(1)(d)2. when that substance is in the possession of:

(a)  A manufacturer of gamma-butyrolactone (GBL) or a distributor of gamma-butyrolactone (GBL);

(b)  A manufacturer of an industrial product or a distributor of an industrial product; or

(c)  A person possessing a finished product.

(4)  This section does not apply to:

(a)  A manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol who sells, delivers, or otherwise distributes that substance to a person who is not a distributor of 1,4-Butanediol or a manufacturer of an industrial product;

(b)  A manufacturer of gamma-butyrolactone (GBL) or a distributor of gamma-butyrolactone (GBL) who sells, delivers, or otherwise distributes that substance to a person who is not a distributor of gamma-butyrolactone (GBL) or a manufacturer of an industrial product;

(c)  A person who possesses 1,4-Butanediol but who is not a manufacturer of 1,4-Butanediol, a distributor of 1,4-Butanediol, a manufacturer of an industrial product, a distributor of an industrial product, or a person possessing a finished product as described in paragraph (2)(c) or paragraph (3)(c);

(d)  A person who possesses gamma-butyrolactone (GBL) but who is not a manufacturer of gamma-butyrolactone (GBL), a distributor of gamma-butyrolactone (GBL), a manufacturer of an industrial product, a distributor of an industrial product, or a person possessing a finished product as described in paragraph (2)(c) or paragraph (3)(c);

(e)  A person who extracts or synthesizes either 1,4-Butanediol or gamma-butyrolactone (GBL) from a finished product as described in subparagraph(1)(j)2. or a person who extracts or synthesizes 1,4-Butanediol or gamma-butyrolactone (GBL) from any product or material, unless such extraction or synthesis is authorized by law; or

(f)  A person whose possession of either 1,4-Butanediol or gamma-butyrolactone (GBL) is not in compliance with the requirements of this section or whose possession of either of those substances is not specifically authorized by law.

History.--s. 1, ch. 2003-10.