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2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL Entire Chapter
SECTION 031
Industrial exceptions to controlled substance scheduling.
F.S. 893.031
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.