House Bill 2085

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    Florida House of Representatives - 2000                HB 2085

        By Representative Bilirakis






  1                      A bill to be entitled

  2         An act relating to drug trafficking; amending

  3         s. 893.03, F.S.; adding 1,4-Butanediol to the

  4         controlled substances listed under Schedule II;

  5         amending s. 893.13, F.S.; providing enhanced

  6         penalties for the sale, manufacture, or

  7         possession of methamphetamine; providing

  8         enhanced penalties for possessing

  9         methamphetamine within a specified distance of

10         a school, park, or public housing facility;

11         providing enhanced penalties for purchasing or

12         using a minor to sell or deliver

13         methamphetamine; amending s. 893.135, F.S.;

14         revising certain penalties imposed for

15         trafficking in controlled substances; deleting

16         certain provisions requiring that an offender

17         be sentenced under the Criminal Punishment

18         Code; prohibiting the sale, purchase,

19         manufacture, or delivery of

20         gamma-hydroxybutyric acid (GHB); providing

21         penalties; prohibiting the sale, purchase,

22         manufacture, or delivery of 1,4-Butanediol;

23         providing penalties; prohibiting the sale,

24         purchase, manufacture, or delivery of various

25         drugs known as "phenethylamines"; providing

26         penalties; amending s. 893.145, F.S.; defining

27         the term "drug paraphernalia" to mean certain

28         additional equipment, products, and materials;

29         including certain objects used for unlawfully

30         introducing nitrous oxide into the human body

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  1         within the definition of the term "drug

  2         paraphernalia"; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Paragraph (b) of subsection (2) of section

  7  893.03, Florida Statutes, is amended to read:

  8         893.03  Standards and schedules.--The substances

  9  enumerated in this section are controlled by this chapter.

10  The controlled substances listed or to be listed in Schedules

11  I, II, III, IV, and V are included by whatever official,

12  common, usual, chemical, or trade name designated.  The

13  provisions of this section shall not be construed to include

14  within any of the schedules contained in this section any

15  excluded drugs listed within the purview of 21 C.F.R. s.

16  1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,

17  styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,

18  styled "Exempted Prescription Products"; or 21 C.F.R. s.

19  1308.34, styled "Exempt Anabolic Steroid Products."

20         (2)  SCHEDULE II.--A substance in Schedule II has a

21  high potential for abuse and has a currently accepted but

22  severely restricted medical use in treatment in the United

23  States, and abuse of the substance may lead to severe

24  psychological or physical dependence.  The following

25  substances are controlled in Schedule II:

26         (b)  Unless specifically excepted or unless listed in

27  another schedule, any of the following substances, including

28  their isomers, esters, ethers, salts, and salts of isomers,

29  esters, and ethers, whenever the existence of such isomers,

30  esters, ethers, and salts is possible within the specific

31  chemical designation:

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  1         1.  Alfentanil.

  2         2.  Alphaprodine.

  3         3.  Anileridine.

  4         4.  Bezitramide.

  5         5.  Bulk propoxyphene (nondosage forms).

  6         6.  1,4-Butanediol.

  7         7.6.  Carfentanil.

  8         8.7.  Dihydrocodeine.

  9         9.8.  Diphenoxylate.

10         10.9.  Fentanyl.

11         11.10.  Gamma-hydroxybutyric acid (GHB).

12         12.11.  Isomethadone.

13         13.12.  Levomethorphan.

14         14.13.  Levorphanol.

15         15.14.  Metazocine.

16         16.15.  Methadone.

17         17.16.  Methadone-Intermediate,4-cyano-2-

18  dimethylamino-4,4-diphenylbutane.

19         18.17.  Moramide-Intermediate,2-methyl-3-

20  morpholoino-1,1-diphenylpropane-carboxylic acid.

21         19.18.  Nabilone.

22         20.19.  Pethidine (meperidine).

23         21.20.  Pethidine-Intermediate-A,4-cyano-1-

24  methyl-4-phenylpiperidine.

25         22.21.  Pethidine-Intermediate-B,ethyl-4-

26  phenylpiperidine-4-carboxylate.

27         23.22.  Pethidine-Intermediate-C,1-methyl-4-

28  phenylpiperidine-4-carboxylic acid.

29         24.23.  Phenazocine.

30         25.24.  Phencyclidine.

31         26.25.  1-Phenylcyclohexylamine.

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  1         27.26.  Piminodine.

  2         28.27.  1-Piperidinocyclohexanecarbonitrile.

  3         29.28.  Racemethorphan.

  4         30.29.  Racemorphan.

  5         31.30.  Sufentanil.

  6         Section 2.  Section 893.13, Florida Statutes, is

  7  amended to read:

  8         893.13  Prohibited acts; penalties.--

  9         (1)(a)  Except as authorized by this chapter and

10  chapter 499, it is unlawful for any person to sell,

11  manufacture, or deliver, or possess with intent to sell,

12  manufacture, or deliver, a controlled substance.  Any person

13  who violates this provision with respect to:

14         1.  A controlled substance named or described in s.

15  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

16  commits a felony of the second degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

18         2.  A controlled substance named or described in s.

19  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

20  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

21  commits a felony of the third degree, punishable as provided

22  in s. 775.082, s. 775.083, or s. 775.084.

23         3.  A controlled substance named or described in s.

24  893.03(5) commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (b)  Except as provided in this chapter, it is unlawful

27  to sell or deliver in excess of 10 grams of any substance

28  named or described in s. 893.03(1)(a) or (1)(b), or any

29  combination thereof, or any mixture containing any such

30  substance. Any person who violates this paragraph commits a

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  1  felony of the first degree, punishable as provided in s.

  2  775.082, s. 775.083, or s. 775.084.

  3         (c)  Except as authorized by this chapter, it is

  4  unlawful for any person to sell, manufacture, or deliver, or

  5  possess with intent to sell, manufacture, or deliver a

  6  controlled substance in, on, or within 1,000 feet of the real

  7  property comprising a child care facility as defined in s.

  8  402.302 or a public or private elementary, middle, or

  9  secondary school between the hours of 6 a.m. and 12 a.m.  Any

10  person who violates this paragraph with respect to:

11         1.  A controlled substance named or described in s.

12  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

13  commits a felony of the first degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084. The defendant must

15  be sentenced to a minimum term of imprisonment of 3 calendar

16  years unless the offense was committed within 1,000 feet of

17  the real property comprising a child care facility as defined

18  in s. 402.302.

19         2.  A controlled substance named or described in s.

20  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

21  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

22  commits a felony of the second degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

24         3.  Any other controlled substance, except as lawfully

25  sold, manufactured, or delivered, must be sentenced to pay a

26  $500 fine and to serve 100 hours of public service in addition

27  to any other penalty prescribed by law.

28

29  This paragraph does not apply to a child care facility unless

30  the owner or operator of the facility posts a sign that is not

31  less than 2 square feet in size with a word legend identifying

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  1  the facility as a licensed child care facility and that is

  2  posted on the property of the child care facility in a

  3  conspicuous place where the sign is reasonably visible to the

  4  public.

  5         (d)  Except as authorized by this chapter, it is

  6  unlawful for any person to sell, manufacture, or deliver, or

  7  possess with intent to sell, manufacture, or deliver, a

  8  controlled substance in, on, or within 200 feet of the real

  9  property comprising a public or private college, university,

10  or other postsecondary educational institution, or within 200

11  feet of any public park. Any person who violates this

12  paragraph with respect to:

13         1.  A controlled substance named or described in s.

14  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

15  commits a felony of the first degree, punishable as provided

16  in s. 775.082, s. 775.083, or s. 775.084.

17         2.  A controlled substance named or described in s.

18  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

19  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

20  commits a felony of the second degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084.

22         3.  Any other controlled substance, except as lawfully

23  sold, manufactured, or delivered, must be sentenced to pay a

24  $500 fine and to serve 100 hours of public service in addition

25  to any other penalty prescribed by law.

26         (e)  Except as authorized by this chapter, it is

27  unlawful for any person to sell, manufacture, or deliver, or

28  possess with intent to sell, manufacture, or deliver, a

29  controlled substance not authorized by law in, on, or within

30  1,000 feet of a physical place for worship at which a church

31  or religious organization regularly conducts religious

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  1  services or within 1,000 feet of a convenience business as

  2  defined in s. 812.171. Any person who violates this paragraph

  3  with respect to:

  4         1.  A controlled substance named or described in s.

  5  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

  6  commits a felony of the first degree, punishable as provided

  7  in s. 775.082, s. 775.083, or s. 775.084.

  8         2.  A controlled substance named or described in s.

  9  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

10  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

11  commits a felony of the second degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084.

13         3.  Any other controlled substance, except as lawfully

14  sold, manufactured, or delivered, must be sentenced to pay a

15  $500 fine and to serve 100 hours of public service in addition

16  to any other penalty prescribed by law.

17         (f)  Except as authorized by this chapter, it is

18  unlawful for any person to sell, manufacture, or deliver, or

19  possess with intent to sell, manufacture, or deliver, a

20  controlled substance in, on, or within 200 feet of the real

21  property comprising a public housing facility at any time. For

22  purposes of this section, the term "real property comprising a

23  public housing facility" means real property, as defined in s.

24  421.03(12), of a public corporation created as a housing

25  authority pursuant to part I of chapter 421.  Any person who

26  violates this paragraph with respect to:

27         1.  A controlled substance named or described in s.

28  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), (2)(c)4.,

29  commits a felony of the first degree, punishable as provided

30  in s. 775.082, s. 775.083, or s. 775.084.

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  1         2.  A controlled substance named or described in s.

  2  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

  3  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

  4  commits a felony of the second degree, punishable as provided

  5  in s. 775.082, s. 775.083, or s. 775.084.

  6         3.  Any other controlled substance, except as lawfully

  7  sold, manufactured, or delivered, must be sentenced to pay a

  8  $500 fine and to serve 100 hours of public service in addition

  9  to any other penalty prescribed by law.

10         (2)(a)  Except as authorized by this chapter and

11  chapter 499, it is unlawful for any person to purchase, or

12  possess with intent to purchase, a controlled substance.  Any

13  person who violates this provision with respect to:

14         1.  A controlled substance named or described in s.

15  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

16  commits a felony of the second degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

18         2.  A controlled substance named or described in s.

19  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

20  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

21  commits a felony of the third degree, punishable as provided

22  in s. 775.082, s. 775.083, or s. 775.084.

23         3.  A controlled substance named or described in s.

24  893.03(5) commits a misdemeanor of the first degree,

25  punishable as provided in s. 775.082 or s. 775.083.

26         (b)  Except as provided in this chapter, it is unlawful

27  to purchase in excess of 10 grams of any substance named or

28  described in s. 893.03(1)(a) or (1)(b), or any combination

29  thereof, or any mixture containing any such substance.  Any

30  person who violates this paragraph commits a felony of the

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  1  first degree, punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084.

  3         (3)  Any person who delivers, without consideration,

  4  not more than 20 grams of cannabis, as defined in this

  5  chapter, commits a misdemeanor of the first degree, punishable

  6  as provided in s. 775.082 or s. 775.083.  For the purposes of

  7  this paragraph, "cannabis" does not include the resin

  8  extracted from the plants of the genus Cannabis or any

  9  compound manufacture, salt, derivative, mixture, or

10  preparation of such resin.

11         (4)  Except as authorized by this chapter, it is

12  unlawful for any person 18 years of age or older to deliver

13  any controlled substance to a person under the age of 18

14  years, or to use or hire a person under the age of 18 years as

15  an agent or employee in the sale or delivery of such a

16  substance, or to use such person to assist in avoiding

17  detection or apprehension for a violation of this chapter.

18  Any person who violates this provision with respect to:

19         (a)  A controlled substance named or described in s.

20  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

21  commits a felony of the first degree, punishable as provided

22  in s. 775.082, s. 775.083, or s. 775.084.

23         (b)  A controlled substance named or described in s.

24  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

25  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

26  commits a felony of the second degree, punishable as provided

27  in s. 775.082, s. 775.083, or s. 775.084.

28

29  Imposition of sentence may not be suspended or deferred, nor

30  shall the person so convicted be placed on probation.

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  1         (5)  It is unlawful for any person to bring into this

  2  state any controlled substance unless the possession of such

  3  controlled substance is authorized by this chapter or unless

  4  such person is licensed to do so by the appropriate federal

  5  agency.  Any person who violates this provision with respect

  6  to:

  7         (a)  A controlled substance named or described in s.

  8  893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b), or (2)(c)4.,

  9  commits a felony of the second degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11         (b)  A controlled substance named or described in s.

12  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

13  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9. (2)(c), (3), or (4)

14  commits a felony of the third degree, punishable as provided

15  in s. 775.082, s. 775.083, or s. 775.084.

16         (c)  A controlled substance named or described in s.

17  893.03(5) commits a misdemeanor of the first degree,

18  punishable as provided in s. 775.082 or s. 775.083.

19         (6)(a)  It is unlawful for any person to be in actual

20  or constructive possession of a controlled substance unless

21  such controlled substance was lawfully obtained from a

22  practitioner or pursuant to a valid prescription or order of a

23  practitioner while acting in the course of his or her

24  professional practice or to be in actual or constructive

25  possession of a controlled substance except as otherwise

26  authorized by this chapter.  Any person who violates this

27  provision commits a felony of the third degree, punishable as

28  provided in s. 775.082, s. 775.083, or s. 775.084.

29         (b)  If the offense is the possession of not more than

30  20 grams of cannabis, as defined in this chapter, the person

31  commits a misdemeanor of the first degree, punishable as

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  1  provided in s. 775.082 or s. 775.083.  For the purposes of

  2  this subsection, "cannabis" does not include the resin

  3  extracted from the plants of the genus Cannabis, or any

  4  compound manufacture, salt, derivative, mixture, or

  5  preparation of such resin.

  6         (c)  Except as provided in this chapter, it is unlawful

  7  to possess in excess of 10 grams of any substance named or

  8  described in s. 893.03(1)(a) or (1)(b), or any combination

  9  thereof, or any mixture containing any such substance.  Any

10  person who violates this paragraph commits a felony of the

11  first degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         (d)  Notwithstanding any provision to the contrary of

14  the laws of this state relating to arrest, a law enforcement

15  officer may arrest without warrant any person who the officer

16  has probable cause to believe is violating the provisions of

17  this chapter relating to possession of cannabis.

18         (7)(a)  It is unlawful for any person:

19         1.  To distribute or dispense a controlled substance in

20  violation of this chapter.

21         2.  To refuse or fail to make, keep, or furnish any

22  record, notification, order form, statement, invoice, or

23  information required under this chapter.

24         3.  To refuse an entry into any premises for any

25  inspection or to refuse to allow any inspection authorized by

26  this chapter.

27         4.  To distribute a controlled substance named or

28  described in s. 893.03(1) or (2) except pursuant to an order

29  form as required by s. 893.06.

30         5.  To keep or maintain any store, shop, warehouse,

31  dwelling, building, vehicle, boat, aircraft, or other

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  1  structure or place which is resorted to by persons using

  2  controlled substances in violation of this chapter for the

  3  purpose of using these substances, or which is used for

  4  keeping or selling them in violation of this chapter.

  5         6.  To use to his or her own personal advantage, or to

  6  reveal, any information obtained in enforcement of this

  7  chapter except in a prosecution or administrative hearing for

  8  a violation of this chapter.

  9         7.  To withhold information from a practitioner from

10  whom the person seeks to obtain a controlled substance or a

11  prescription for a controlled substance that the person has

12  received a controlled substance or a prescription for a

13  controlled substance of like therapeutic use from another

14  practitioner within the last 30 days.

15         8.  To possess a prescription form which has not been

16  completed and signed by the practitioner whose name appears

17  printed thereon, unless the person is that practitioner, is an

18  agent or employee of that practitioner, is a pharmacist, or is

19  a supplier of prescription forms who is authorized by that

20  practitioner to possess those forms.

21         9.  To acquire or obtain, or attempt to acquire or

22  obtain, possession of a controlled substance by

23  misrepresentation, fraud, forgery, deception, or subterfuge.

24         10.  To affix any false or forged label to a package or

25  receptacle containing a controlled substance.

26         11.  To furnish false or fraudulent material

27  information in, or omit any material information from, any

28  report or other document required to be kept or filed under

29  this chapter or any record required to be kept by this

30  chapter.

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  1         (b)  Any person who violates the provisions of

  2  subparagraphs (a)1.-8. commits a misdemeanor of the first

  3  degree, punishable as provided in s. 775.082 or s. 775.083;

  4  except that, upon a second or subsequent violation, the person

  5  commits a felony of the third degree, punishable as provided

  6  in s. 775.082, s. 775.083, or s. 775.084.

  7         (c)  Any person who violates the provisions of

  8  subparagraphs (a)9.-11. commits a felony of the third degree,

  9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084.

11         (8)  The provisions of subsections (1) through (7) are

12  not applicable to the delivery to, or actual or constructive

13  possession for medical or scientific use or purpose only of

14  controlled substances by, persons included in any of the

15  following classes, or the agents or employees of such persons,

16  for use in the usual course of their business or profession or

17  in the performance of their official duties:

18         (a)  Pharmacists.

19         (b)  Practitioners.

20         (c)  Persons who procure controlled substances in good

21  faith and in the course of professional practice only, by or

22  under the supervision of pharmacists or practitioners employed

23  by them, or for the purpose of lawful research, teaching, or

24  testing, and not for resale.

25         (d)  Hospitals that procure controlled substances for

26  lawful administration by practitioners, but only for use by or

27  in the particular hospital.

28         (e)  Officers or employees of state, federal, or local

29  governments acting in their official capacity only, or

30  informers acting under their jurisdiction.

31         (f)  Common carriers.

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  1         (g)  Manufacturers, wholesalers, and distributors.

  2         (h)  Law enforcement officers for bona fide law

  3  enforcement purposes in the course of an active criminal

  4  investigation.

  5         (9)  Notwithstanding any provision of the sentencing

  6  guidelines or the Criminal Punishment Code to the contrary, on

  7  or after October 1, 1993, any defendant who:

  8         (a)  Violates subparagraph (1)(a)1., subparagraph

  9  (1)(c)2., subparagraph (1)(d)2., subparagraph (2)(a)1., or

10  paragraph (5)(a); and

11         (b)  Has not previously been convicted, regardless of

12  whether adjudication was withheld, of any felony, other than a

13  violation of subparagraph (1)(a)1., subparagraph (1)(c)2.,

14  subparagraph (1)(d)2., subparagraph (2)(a)1., or paragraph

15  (5)(a),

16

17  may be required by the court to successfully complete a term

18  of probation pursuant to the terms and conditions set forth in

19  s. 948.034(1), in lieu of serving a term of imprisonment.

20         (10)  Notwithstanding any provision of the sentencing

21  guidelines or the Criminal Punishment Code to the contrary, on

22  or after January 1, 1994, any defendant who:

23         (a)  Violates subparagraph (1)(a)2., subparagraph

24  (2)(a)2., paragraph (5)(b), or paragraph (6)(a); and

25         (b)  Has not previously been convicted, regardless of

26  whether adjudication was withheld, of any felony, other than a

27  violation of subparagraph (1)(a)2., subparagraph (2)(a)2.,

28  paragraph (5)(b), or paragraph (6)(a),

29

30

31

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  1  may be required by the court to successfully complete a term

  2  of probation pursuant to the terms and conditions set forth in

  3  s. 948.034(2), in lieu of serving a term of imprisonment.

  4         Section 3.  Section 893.135, Florida Statutes, is

  5  amended to read:

  6         893.135  Trafficking; mandatory sentences; suspension

  7  or reduction of sentences; conspiracy to engage in

  8  trafficking.--

  9         (1)  Except as authorized in this chapter or in chapter

10  499 and notwithstanding the provisions of s. 893.13:

11         (a)  Any person who knowingly sells, purchases,

12  manufactures, delivers, or brings into this state, or who is

13  knowingly in actual or constructive possession of, in excess

14  of 25 pounds of cannabis, or 300 or more cannabis plants,

15  commits a felony of the first degree, which felony shall be

16  known as "trafficking in cannabis," punishable as provided in

17  s. 775.082, s. 775.083, or s. 775.084. If the quantity of

18  cannabis involved:

19         1.  Is in excess of 25 pounds, but less than 2,000

20  pounds, or is 300 or more cannabis plants, but not more than

21  2,000 cannabis plants, such person shall be sentenced to

22  pursuant to the Criminal Punishment Code and such sentence

23  shall include a mandatory minimum term of imprisonment of 3

24  years, and the defendant shall be ordered to pay a fine of

25  $25,000.

26         2.  Is 2,000 pounds or more, but less than 10,000

27  pounds, or is 2,000 or more cannabis plants, but not more than

28  10,000 cannabis plants, such person shall be sentenced to

29  pursuant to the Criminal Punishment Code and such sentence

30  shall include a mandatory minimum term of imprisonment of 7

31

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  1  years, and the defendant shall be ordered to pay a fine of

  2  $50,000.

  3         3.  Is 10,000 pounds or more, or is 10,000 or more

  4  cannabis plants, such person shall be sentenced to a mandatory

  5  minimum term of imprisonment of 15 calendar years and pay a

  6  fine of $200,000.

  7

  8  For the purpose of this paragraph, a plant, including, but not

  9  limited to, a seedling or cutting, is a "cannabis plant" if it

10  has some readily observable evidence of root formation, such

11  as root hairs. To determine if a piece or part of a cannabis

12  plant severed from the cannabis plant is itself a cannabis

13  plant, the severed piece or part must have some readily

14  observable evidence of root formation, such as root hairs.

15  Callous tissue is not readily observable evidence of root

16  formation. The viability and sex of a plant and the fact that

17  the plant may or may not be a dead harvested plant are not

18  relevant in determining if the plant is a "cannabis plant" or

19  in the charging of an offense under this paragraph. Upon

20  conviction, the court shall impose the longest term of

21  imprisonment provided for in this paragraph.

22         (b)1.  Any person who knowingly sells, purchases,

23  manufactures, delivers, or brings into this state, or who is

24  knowingly in actual or constructive possession of, 28 grams or

25  more of cocaine, as described in s. 893.03(2)(a)4., or of any

26  mixture containing cocaine, but less than 150 kilograms of

27  cocaine or any such mixture, commits a felony of the first

28  degree, which felony shall be known as "trafficking in

29  cocaine," punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.  If the quantity involved:

31

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  1         a.  Is 28 grams or more, but less than 200 grams, such

  2  person shall be sentenced to pursuant to the Criminal

  3  Punishment Code and such sentence shall include a mandatory

  4  minimum term of imprisonment of 3 years, and the defendant

  5  shall be ordered to pay a fine of $50,000.

  6         b.  Is 200 grams or more, but less than 400 grams, such

  7  person shall be sentenced to pursuant to the Criminal

  8  Punishment Code and such sentence shall include a mandatory

  9  minimum term of imprisonment of 7 years, and the defendant

10  shall be ordered to pay a fine of $100,000.

11         c.  Is 400 grams or more, but less than 150 kilograms,

12  such person shall be sentenced to a mandatory minimum term of

13  imprisonment of 15 calendar years and pay a fine of $250,000.

14         2.  Any person who knowingly sells, purchases,

15  manufactures, delivers, or brings into this state, or who is

16  knowingly in actual or constructive possession of, 150

17  kilograms or more of cocaine, as described in s.

18  893.03(2)(a)4., commits the first degree felony of trafficking

19  in cocaine. A person who has been convicted of the first

20  degree felony of trafficking in cocaine under this

21  subparagraph shall be punished by life imprisonment and is

22  ineligible for any form of discretionary early release except

23  pardon or executive clemency or conditional medical release

24  under s. 947.149. However, if the court determines that, in

25  addition to committing any act specified in this paragraph:

26         a.  The person intentionally killed an individual or

27  counseled, commanded, induced, procured, or caused the

28  intentional killing of an individual and such killing was the

29  result; or

30         b.  The person's conduct in committing that act led to

31  a natural, though not inevitable, lethal result,

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  1

  2  such person commits the capital felony of trafficking in

  3  cocaine, punishable as provided in ss. 775.082 and 921.142.

  4  Any person sentenced for a capital felony under this paragraph

  5  shall also be sentenced to pay the maximum fine provided under

  6  subparagraph 1.

  7         3.  Any person who knowingly brings into this state 300

  8  kilograms or more of cocaine, as described in s.

  9  893.03(2)(a)4., and who knows that the probable result of such

10  importation would be the death of any person, commits capital

11  importation of cocaine, a capital felony punishable as

12  provided in ss. 775.082 and 921.142. Any person sentenced for

13  a capital felony under this paragraph shall also be sentenced

14  to pay the maximum fine provided under subparagraph 1.

15         (c)1.  Any person who knowingly sells, purchases,

16  manufactures, delivers, or brings into this state, or who is

17  knowingly in actual or constructive possession of, 4 grams or

18  more of any morphine, opium, oxycodone, hydrocodone,

19  hydromorphone, or any salt, derivative, isomer, or salt of an

20  isomer thereof, including heroin, as described in s.

21  893.03(1)(b) or (2)(a), or 4 grams or more of any mixture

22  containing any such substance, but less than 30 kilograms of

23  such substance or mixture, commits a felony of the first

24  degree, which felony shall be known as "trafficking in illegal

25  drugs," punishable as provided in s. 775.082, s. 775.083, or

26  s. 775.084.  If the quantity involved:

27         a.  Is 4 grams or more, but less than 14 grams, such

28  person shall be sentenced to pursuant to the Criminal

29  Punishment Code and such sentence shall include a mandatory

30  minimum term of imprisonment of 3 years, and the defendant

31  shall be ordered to pay a fine of $50,000.

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  1         b.  Is 14 grams or more, but less than 28 grams, such

  2  person shall be sentenced to pursuant to the Criminal

  3  Punishment Code and such sentence shall include a mandatory

  4  minimum term of imprisonment of 15 years, and the defendant

  5  shall be ordered to pay a fine of $100,000.

  6         c.  Is 28 grams or more, but less than 30 kilograms,

  7  such person shall be sentenced to a mandatory minimum term of

  8  imprisonment of 25 calendar years and pay a fine of $500,000.

  9         2.  Any person who knowingly sells, purchases,

10  manufactures, delivers, or brings into this state, or who is

11  knowingly in actual or constructive possession of, 30

12  kilograms or more of any morphine, opium, oxycodone,

13  hydrocodone, hydromorphone, or any salt, derivative, isomer,

14  or salt of an isomer thereof, including heroin, as described

15  in s. 893.03(1)(b) or (2)(a), or 30 kilograms or more of any

16  mixture containing any such substance, commits the first

17  degree felony of trafficking in illegal drugs. A person who

18  has been convicted of the first degree felony of trafficking

19  in illegal drugs under this subparagraph shall be punished by

20  life imprisonment and is ineligible for any form of

21  discretionary early release except pardon or executive

22  clemency or conditional medical release under s. 947.149.

23  However, if the court determines that, in addition to

24  committing any act specified in this paragraph:

25         a.  The person intentionally killed an individual or

26  counseled, commanded, induced, procured, or caused the

27  intentional killing of an individual and such killing was the

28  result; or

29         b.  The person's conduct in committing that act led to

30  a natural, though not inevitable, lethal result,

31

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  1  such person commits the capital felony of trafficking in

  2  illegal drugs, punishable as provided in ss. 775.082 and

  3  921.142.  Any person sentenced for a capital felony under this

  4  paragraph shall also be sentenced to pay the maximum fine

  5  provided under subparagraph 1.

  6         3.  Any person who knowingly brings into this state 60

  7  kilograms or more of any morphine, opium, oxycodone,

  8  hydrocodone, hydromorphone, or any salt, derivative, isomer,

  9  or salt of an isomer thereof, including heroin, as described

10  in s. 893.03(1)(b) or (2)(a), or 60 kilograms or more of any

11  mixture containing any such substance, and who knows that the

12  probable result of such importation would be the death of any

13  person, commits capital importation of illegal drugs, a

14  capital felony punishable as provided in ss. 775.082 and

15  921.142. Any person sentenced for a capital felony under this

16  paragraph shall also be sentenced to pay the maximum fine

17  provided under subparagraph 1.

18         (d)1.  Any person who knowingly sells, purchases,

19  manufactures, delivers, or brings into this state, or who is

20  knowingly in actual or constructive possession of, 28 grams or

21  more of phencyclidine or of any mixture containing

22  phencyclidine, as described in s. 893.03(2)(b), commits a

23  felony of the first degree, which felony shall be known as

24  "trafficking in phencyclidine," punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084. If the quantity involved:

26         a.  Is 28 grams or more, but less than 200 grams, such

27  person shall be sentenced to pursuant to the Criminal

28  Punishment Code and such sentence shall include a mandatory

29  minimum term of imprisonment of 3 years, and the defendant

30  shall be ordered to pay a fine of $50,000.

31

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  1         b.  Is 200 grams or more, but less than 400 grams, such

  2  person shall be sentenced to pursuant to the Criminal

  3  Punishment Code and such sentence shall include a mandatory

  4  minimum term of imprisonment of 7 years, and the defendant

  5  shall be ordered to pay a fine of $100,000.

  6         c.  Is 400 grams or more, such person shall be

  7  sentenced to a mandatory minimum term of imprisonment of 15

  8  calendar years and pay a fine of $250,000.

  9         2.  Any person who knowingly brings into this state 800

10  grams or more of phencyclidine or of any mixture containing

11  phencyclidine, as described in s. 893.03(2)(b), and who knows

12  that the probable result of such importation would be the

13  death of any person commits capital importation of

14  phencyclidine, a capital felony punishable as provided in ss.

15  775.082 and 921.142. Any person sentenced for a capital felony

16  under this paragraph shall also be sentenced to pay the

17  maximum fine provided under subparagraph 1.

18         (e)1.  Any person who knowingly sells, purchases,

19  manufactures, delivers, or brings into this state, or who is

20  knowingly in actual or constructive possession of, 200 grams

21  or more of methaqualone or of any mixture containing

22  methaqualone, as described in s. 893.03(1)(d), commits a

23  felony of the first degree, which felony shall be known as

24  "trafficking in methaqualone," punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084. If the quantity involved:

26         a.  Is 200 grams or more, but less than 5 kilograms,

27  such person shall be sentenced to pursuant to the Criminal

28  Punishment Code and such sentence shall include a mandatory

29  minimum term of imprisonment of 3 years, and the defendant

30  shall be ordered to pay a fine of $50,000.

31

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  1         b.  Is 5 kilograms or more, but less than 25 kilograms,

  2  such person shall be sentenced to pursuant to the Criminal

  3  Punishment Code and such sentence shall include a mandatory

  4  minimum term of imprisonment of 7 years, and the defendant

  5  shall be ordered to pay a fine of $100,000.

  6         c.  Is 25 kilograms or more, such person shall be

  7  sentenced to a mandatory minimum term of imprisonment of 15

  8  calendar years and pay a fine of $250,000.

  9         2.  Any person who knowingly brings into this state 50

10  kilograms or more of methaqualone or of any mixture containing

11  methaqualone, as described in s. 893.03(1)(d), and who knows

12  that the probable result of such importation would be the

13  death of any person commits capital importation of

14  methaqualone, a capital felony punishable as provided in ss.

15  775.082 and 921.142. Any person sentenced for a capital felony

16  under this paragraph shall also be sentenced to pay the

17  maximum fine provided under subparagraph 1.

18         (f)1.  Any person who knowingly sells, purchases,

19  manufactures, delivers, or brings into this state, or who is

20  knowingly in actual or constructive possession of, 14 grams or

21  more of amphetamine, as described in s. 893.03(2)(c)2., or

22  methamphetamine, as described in s. 893.03(2)(c)4., or of any

23  mixture containing amphetamine or methamphetamine, or

24  phenylacetone, phenylacetic acid, or ephedrine in conjunction

25  with other chemicals and equipment utilized in the manufacture

26  of amphetamine or methamphetamine, commits a felony of the

27  first degree, which felony shall be known as "trafficking in

28  amphetamine," punishable as provided in s. 775.082, s.

29  775.083, or s. 775.084.  If the quantity involved:

30         a.  Is 14 grams or more, but less than 28 grams, such

31  person shall be sentenced to pursuant to the Criminal

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  1  Punishment Code and such sentence shall include a mandatory

  2  minimum term of imprisonment of 3 years, and the defendant

  3  shall be ordered to pay a fine of $50,000.

  4         b.  Is 28 grams or more, but less than 200 grams, such

  5  person shall be sentenced to pursuant to the Criminal

  6  Punishment Code and such sentence shall include a mandatory

  7  minimum term of imprisonment of 7 years and the defendant

  8  shall be ordered to pay a fine of $100,000.

  9         c.  Is 200 grams or more, such person shall be

10  sentenced to a mandatory minimum term of imprisonment of 15

11  calendar years and pay a fine of $250,000.

12         2.  Any person who knowingly manufactures or brings

13  into this state 400 grams or more of amphetamine, as described

14  in s. 893.03(2)(c)2., or methamphetamine, as described in s.

15  893.03(2)(c)4., or of any mixture containing amphetamine or

16  methamphetamine, or phenylacetone, phenylacetic acid, or

17  ephedrine in conjunction with other chemicals and equipment

18  used utilized in the manufacture of amphetamine or

19  methamphetamine, and who knows that the probable result of

20  such manufacture or importation would be the death of any

21  person commits capital manufacture or importation of

22  amphetamine, a capital felony punishable as provided in ss.

23  775.082 and 921.142. Any person sentenced for a capital felony

24  under this paragraph shall also be sentenced to pay the

25  maximum fine provided under subparagraph 1.

26         (g)1.  Any person who knowingly sells, purchases,

27  manufactures, delivers, or brings into this state, or who is

28  knowingly in actual or constructive possession of, 4 grams or

29  more of flunitrazepam or any mixture containing flunitrazepam

30  as described in s. 893.03(1)(a) commits a felony of the first

31  degree, which felony shall be known as "trafficking in

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  1  flunitrazepam," punishable as provided in s. 775.082, s.

  2  775.083, or s. 775.084.  If the quantity involved:

  3         a.  Is 4 grams or more but less than 14 grams, such

  4  person shall be sentenced to pursuant to the Criminal

  5  Punishment Code and such sentence shall include a mandatory

  6  minimum term of imprisonment of 3 years and the defendant

  7  shall be ordered to pay a fine of $50,000.

  8         b.  Is 14 grams or more but less than 28 grams, such

  9  person shall be sentenced to pursuant to the Criminal

10  Punishment Code and such sentence shall include a mandatory

11  minimum term of imprisonment of 7 years, and the defendant

12  shall be ordered to pay a fine of $100,000.

13         c.  Is 28 grams or more but less than 30 kilograms,

14  such person shall be sentenced to a mandatory minimum term of

15  imprisonment of 25 calendar years and pay a fine of $500,000.

16         2.  Any person who knowingly sells, purchases,

17  manufactures, delivers, or brings into this state or who is

18  knowingly in actual or constructive possession of 30 kilograms

19  or more of flunitrazepam or any mixture containing

20  flunitrazepam as described in s. 893.03(1)(a) commits the

21  first degree felony of trafficking in flunitrazepam.  A person

22  who has been convicted of the first degree felony of

23  trafficking in flunitrazepam under this subparagraph shall be

24  punished by life imprisonment and is ineligible for any form

25  of discretionary early release except pardon or executive

26  clemency or conditional medical release under s. 947.149.

27  However, if the court determines that, in addition to

28  committing any act specified in this paragraph:

29         a.  The person intentionally killed an individual or

30  counseled, commanded, induced, procured, or caused the

31

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  1  intentional killing of an individual and such killing was the

  2  result; or

  3         b.  The person's conduct in committing that act led to

  4  a natural, though not inevitable, lethal result,

  5

  6  such person commits the capital felony of trafficking in

  7  flunitrazepam, punishable as provided in ss. 775.082 and

  8  921.142.  Any person sentenced for a capital felony under this

  9  paragraph shall also be sentenced to pay the maximum fine

10  provided under subparagraph 1.

11         (h)1.  Any person who knowingly sells, purchases,

12  manufactures, delivers, or brings into this state, or who is

13  knowingly in actual or constructive possession of, 1 kilogram

14  or more of gamma-hydroxybutyric acid (GHB), as described in s.

15  893.03(2)(b), or of any mixture containing

16  gamma-hydroxybutyric acid (GHB), commits a felony of the first

17  degree, which felony shall be known as "trafficking in

18  gamma-hydroxybutyric acid (GHB)", punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084. If the quantity involved:

20         a.  Is 1 kilogram or more, but less than 5 kilograms,

21  such person shall be sentenced to a mandatory minimum term of

22  imprisonment of 3 years, and the defendant shall be ordered to

23  pay a fine of $50,000.

24         b.  Is 5 kilograms or more, but less than 10 kilograms,

25  such person shall be sentenced to a mandatory minimum term of

26  imprisonment of 7 years, and the defendant shall be ordered to

27  pay a fine of $100,000.

28         c.  Is 10 kilograms or more, such person shall be

29  sentenced to a mandatory minimum term of imprisonment of 15

30  calendar years and pay a fine of $250,000.

31

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  1         2.  Any person who knowingly manufactures or brings

  2  into this state 150 kilograms or more of gamma-hydroxybutyric

  3  acid (GHB), as described in s. 893.03(2)(b), or of any mixture

  4  containing gamma-hydroxybutyric acid (GHB), and who knows that

  5  the probable result of such manufacture or importation would

  6  be the death of any person commits capital manufacture or

  7  importation of gamma-hydroxybutyric acid (GHB), a capital

  8  felony punishable as provided in ss. 775.082 and 921.142. Any

  9  person sentenced for a capital felony under this paragraph

10  shall also be sentenced to pay the maximum fine provided under

11  subparagraph 1.

12         (i)1.  Any person who knowingly sells, purchases,

13  manufactures, delivers, or brings into this state, or who is

14  knowingly in actual or constructive possession of, 1 kilogram

15  or more of 1,4-Butanediol, as described in s. 893.03(2)(b), or

16  of any mixture containing 1,4-Butanediol, commits a felony of

17  the first degree, which felony shall be known as "trafficking

18  in 1,4-Butanediol," punishable as provided in s. 775.082, s.

19  775.083, or s. 775.084. If the quantity involved:

20         a.  Is 1 kilogram or more, but less than 5 kilograms,

21  such person shall be sentenced to a mandatory minimum term of

22  imprisonment of 3 years, and the defendant shall be ordered to

23  pay a fine of $50,000.

24         b.  Is 5 kilograms or more, but less than 10 kilograms,

25  such person shall be sentenced to a mandatory minimum term of

26  imprisonment of 7 years, and the defendant shall be ordered to

27  pay a fine of $100,000.

28         c.  Is 10 kilograms or more, such person shall be

29  sentenced to a mandatory minimum term of imprisonment of 15

30  calendar years and pay a fine of $500,000.

31

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  1         2.  Any person who knowingly manufactures or brings

  2  into this state 150 kilograms or more of 1,4-Butanediol, as

  3  described in s. 893.03(2)(b), or any mixture containing

  4  1,4-Butanediol, and who knows that the probable result of such

  5  manufacture or importation would be the death of any person

  6  commits capital manufacture or importation of 1,4-Butanediol,

  7  a capital felony punishable as provided in ss. 775.082 and

  8  921.142. Any person sentenced for a capital felony under this

  9  paragraph shall also be sentenced to pay the maximum fine

10  provided under subparagraph 1.

11         (j)1.  Any person who knowingly sells, purchases,

12  manufactures, delivers, or brings into this state, or who is

13  knowingly in actual or constructive possession of, 10 grams or

14  more of 3,4-Methylenedioxymethamphetamine (MDMA),

15  4-Bromo-2,5-dimethoxyamphetamine,

16  4-Bromo-2,5-dimethoxyphenethylamine, 2,5-Dimethoxyamphetamine,

17  2,5-Dimethoxy-4-ethylamphetamine (DOET), N-ethylamphetamine,

18  N-Hydroxy-3,4-methylenedioxyamphetamine,

19  5-Methoxy-3,4-methylenedioxyamphetamine, 4-methoxyamphetamine,

20  4-Methyl-2,5-dimethoxyamphetamine,

21  3,4-Methylenedioxy-N-ethylamphetamine,

22  3,4-Methylenedioxyamphetamine, N,N-dimethylamphetamine, or

23  3,4,5-Trimethoxyamphetamine, as described in s. 893.03(1)(c),

24  individually or in any combination of or any mixture

25  containing 3,4-Methylenedioxymethamphetamine (MDMA),

26  4-Bromo-2,5-dimethoxyamphetamine,

27  4-Bromo-2,5-dimethoxyphenethylamine, 2,5-Dimethoxyamphetamine,

28  2,5-Dimethoxy-4-ethylamphetamine (DOET), N-ethylamphetamine,

29  N-Hydroxy-3,4-methylenedioxyamphetamine,

30  5-Methoxy-3,4-methylenedioxyamphetamine, 4-methoxyamphetamine,

31  4-Methyl-2,5-dimethoxyamphetamine,

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  1  3,4-Methylenedioxy-N-ethylamphetamine,

  2  3,4-Methylenedioxyamphetamine, N,N-dimethylamphetamine, or

  3  3,4,5-Trimethoxyamphetamine, as described in s. 893.03(1)(c),

  4  or any combination thereof, or any mixture containing any such

  5  substance commits a felony of the first degree, which felony

  6  shall be known as "trafficking in Phenethylamines," punishable

  7  as provided in s. 775.082, s. 775.083, or s. 775.084. If the

  8  quantity involved:

  9         a.  Is 10 grams or more but less than 200 grams, such

10  person shall be sentenced to a mandatory minimum term of

11  imprisonment of 3 years, and the defendant shall be ordered to

12  pay a fine of $50,000.

13         b.  Is 200 grams or more, but less than 400 grams, such

14  person shall be sentenced to a mandatory minimum term of

15  imprisonment of 7 years, and the defendant shall be ordered to

16  pay a fine of $100,000.

17         c.  Is 400 grams or more, such person shall be

18  sentenced to a mandatory minimum term of imprisonment of 15

19  calendar years and pay a fine of $250,000.

20         2.  Any person who knowingly manufactures or brings

21  into this state 30 kilograms or more of

22  3,4-Methylenedioxymethamphetamine (MDMA),

23  4-Bromo-2,5-dimethoxyamphetamine,

24  4-Bromo-2,5-dimethoxyphenethylamine, 2,5-Dimethoxyamphetamine,

25  2,5-Dimethoxy-4-ethylamphetamine (DOET), N-ethylamphetamine,

26  N-Hydroxy-3,4-methylenedioxyamphetamine,

27  5-Methoxy-3,4-methylenedioxyamphetamine, 4-methoxyamphetamine,

28  4-Methyl-2,5-dimethoxyamphetamine,

29  3,4-Methylenedioxy-N-ethylamphetamine,

30  3,4-Methylenedioxyamphetamine, N,N-dimethylamphetamine, or

31  3,4,5-Trimethoxyamphetamine, as described in s. 893.03(1)(c),

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  1  or any combination thereof, or any mixture containing any such

  2  substance and who knows that the probable result of such

  3  manufacture or importation would be the death of any person

  4  commits capital manufacture or importation of Phenethylamines,

  5  a capital felony punishable as provided in ss. 775.082 and

  6  921.142. Any person sentenced for a capital felony under this

  7  paragraph shall also be sentenced to pay the maximum fine

  8  provided under subparagraph 1.

  9         (2)  A person acts knowingly under subsection (1) if

10  that person intends to sell, purchase, manufacture, deliver,

11  or bring into this state, or to actually or constructively

12  possess, any of the controlled substances listed in subsection

13  (1), regardless of which controlled substance listed in

14  subsection (1) is in fact sold, purchased, manufactured,

15  delivered, or brought into this state, or actually or

16  constructively possessed.

17         (3)  Notwithstanding the provisions of s. 948.01, with

18  respect to any person who is found to have violated this

19  section, adjudication of guilt or imposition of sentence shall

20  not be suspended, deferred, or withheld, nor shall such person

21  be eligible for parole prior to serving the mandatory minimum

22  term of imprisonment prescribed by this section. A person

23  sentenced to a mandatory minimum term of imprisonment under

24  this section is not eligible for any form of discretionary

25  early release, except pardon or executive clemency or

26  conditional medical release under s. 947.149, prior to serving

27  the mandatory minimum term of imprisonment.

28         (4)  The state attorney may move the sentencing court

29  to reduce or suspend the sentence of any person who is

30  convicted of a violation of this section and who provides

31  substantial assistance in the identification, arrest, or

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  1  conviction of any of that person's accomplices, accessories,

  2  coconspirators, or principals or of any other person engaged

  3  in trafficking in controlled substances.  The arresting agency

  4  shall be given an opportunity to be heard in aggravation or

  5  mitigation in reference to any such motion.  Upon good cause

  6  shown, the motion may be filed and heard in camera.  The judge

  7  hearing the motion may reduce or suspend the sentence if the

  8  judge finds that the defendant rendered such substantial

  9  assistance.

10         (5)  Any person who agrees, conspires, combines, or

11  confederates with another person to commit any act prohibited

12  by subsection (1) commits a felony of the first degree and is

13  punishable as if he or she had actually committed such

14  prohibited act. Nothing in this subsection shall be construed

15  to prohibit separate convictions and sentences for a violation

16  of this subsection and any violation of subsection (1).

17         Section 4.  Section 893.145, Florida Statutes, is

18  amended to read:

19         893.145  "Drug paraphernalia" defined.--The term "drug

20  paraphernalia" means all equipment, products, and materials of

21  any kind which are used, intended for use, or designed for use

22  in planting, propagating, cultivating, growing, harvesting,

23  manufacturing, compounding, converting, producing, processing,

24  preparing, testing, analyzing, packaging, repackaging,

25  storing, containing, concealing, injecting, ingesting,

26  inhaling, or otherwise introducing into the human body a

27  controlled substance in violation of this chapter. The term

28  "drug paraphernalia" also means all equipment, products, and

29  materials of any kind which are used, intended for use, or

30  designed for use in manufacturing, compounding, converting,

31  producing, processing, preparing, testing, analyzing,

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  1  packaging, repackaging, storing, containing, concealing,

  2  injecting, ingesting, inhaling, or otherwise introducing into

  3  the human body any harmful chemical substance in violation of

  4  s. 877.111. Drug paraphernalia is deemed to be contraband

  5  which shall be subject to civil forfeiture.  The term

  6  includes, but is not limited to:

  7         (1)  Kits used, intended for use, or designed for use

  8  in the planting, propagating, cultivating, growing, or

  9  harvesting of any species of plant which is a controlled

10  substance or from which a controlled substance can be derived.

11         (2)  Kits used, intended for use, or designed for use

12  in manufacturing, compounding, converting, producing,

13  processing, or preparing controlled substances.

14         (3)  Isomerization devices used, intended for use, or

15  designed for use in increasing the potency of any species of

16  plant which is a controlled substance.

17         (4)  Testing equipment used, intended for use, or

18  designed for use in identifying, or in analyzing the strength,

19  effectiveness, or purity of, controlled substances.

20         (5)  Scales and balances used, intended for use, or

21  designed for use in weighing or measuring controlled

22  substances.

23         (6)  Diluents and adulterants, such as quinine

24  hydrochloride, mannitol, mannite, dextrose, and lactose, used,

25  intended for use, or designed for use in cutting controlled

26  substances.

27         (7)  Separation gins and sifters used, intended for

28  use, or designed for use in removing twigs and seeds from, or

29  in otherwise cleaning or refining, cannabis.

30

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  1         (8)  Blenders, bowls, containers, spoons, and mixing

  2  devices used, intended for use, or designed for use in

  3  compounding controlled substances.

  4         (9)  Capsules, balloons, envelopes, and other

  5  containers used, intended for use, or designed for use in

  6  packaging small quantities of controlled substances.

  7         (10)  Containers and other objects used, intended for

  8  use, or designed for use in storing or concealing controlled

  9  substances.

10         (11)  Hypodermic syringes, needles, and other objects

11  used, intended for use, or designed for use in parenterally

12  injecting controlled substances into the human body.

13         (12)  Objects used, intended for use, or designed for

14  use in ingesting, inhaling, or otherwise introducing cannabis,

15  cocaine, hashish, or hashish oil into the human body, such as:

16         (a)  Metal, wooden, acrylic, glass, stone, plastic, or

17  ceramic pipes, with or without screens, permanent screens,

18  hashish heads, or punctured metal bowls.

19         (b)  Water pipes.

20         (c)  Carburetion tubes and devices.

21         (d)  Smoking and carburetion masks.

22         (e)  Roach clips: meaning objects used to hold burning

23  material, such as a cannabis cigarette, that has become too

24  small or too short to be held in the hand.

25         (f)  Miniature cocaine spoons, and cocaine vials.

26         (g)  Chamber pipes.

27         (h)  Carburetor pipes.

28         (i)  Electric pipes.

29         (j)  Air-driven pipes.

30         (k)  Chillums.

31         (l)  Bongs.

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  1         (m)  Ice pipes or chillers.

  2         (13)  Objects used, intended for use, or designed for

  3  use in ingesting, inhaling, or otherwise introducing nitrous

  4  oxide into the human body in violation of s. 877.111, such as:

  5         (a)  Cartridges.

  6         (b)  Chargers.

  7         (c)  Charging bottles.

  8         (d)  Canisters.

  9         (e)  Whip-its.

10         (f)  Tanks.

11         (g)  Crackers.

12         (h)  Balloons.

13         (i)  Inflaters.

14         (j)  Hoses or tubes.

15         Section 5.  This act shall take effect October 1, 2000.

16

17            *****************************************

18                          SENATE SUMMARY

19    Adds 1,4-Butanediol to the controlled substances listed
      under Schedule II. Increases the penalties for the
20    certain offenses involving the sale, manufacture, or
      possession of methamphetamine. Prohibits the sale,
21    purchase, manufacture, or delivery of
      gamma-hydroxybutyric acid (GHB), 1,4-Butanediol, and
22    various drugs known as "phenethylamines." Includes
      additional equipment, products, and materials within the
23    definition of the term "drug paraphernalia." (See bill
      for details.)
24

25

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