Senate Bill sb1932c1
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Florida Senate - 2001 CS for SB 1932
By the Committee on Criminal Justice and Senator Laurent
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1 A bill to be entitled
2 An act relating to controlled substances;
3 authorizing the creation of a pilot program in
4 Orange County to intercept illegal drug
5 shipments through package delivery services;
6 amending ss. 823.10, 823.01, F.S.; providing
7 that a person who willfully maintains a place
8 where controlled substances are unlawfully
9 kept, sold, or delivered commits the offense of
10 keeping or maintaining a public nuisance;
11 providing a penalty; amending s. 877.111, F.S.,
12 relating to inhalation, ingestion, sale,
13 purchase, or transfer of certain harmful
14 chemical substances; providing exceptions to
15 applications of offenses relating to unlawful
16 distribution, sale, purchase, transfer, or
17 possession of nitrous oxide; amending s.
18 893.03, F.S., relating to controlled substance
19 standards and schedules; adding
20 4-methoxymethamphetamine, 1, 4-Butanediol,
21 Gamma-butyrolactone (GBL), Gamma-hydroxybutyric
22 acid (GBH), methaqualone, and mecloqualone to
23 Schedule I; deleting 1, 4-Butanediol and
24 Gamma-hydroxybutyric acid from Schedule II;
25 adding drug products containing
26 Gamma-hydroxybutyric acid which are approved
27 under the Federal Food, Drug, and Cosmetic Act
28 to Schedule III; amending s. 893.033, F.S.,
29 relating to listed chemicals; adding
30 chloroephedrine and chloropseudoephedrine to
31 the list of precursor chemicals; amending s.
1
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1 893.135, F.S., relating to drug trafficking;
2 creating offenses for trafficking in
3 Gamma-butyrolactone (GBL) and lysergic acid
4 diethylamide (LSD); providing penalties;
5 amending scheduling references for trafficking
6 in Gamma-hydroxybutyric acid (GHB) and 1,
7 4-Butanediol; providing effective dates.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. The Legislature finds that drug traffickers
12 are increasingly employing package-delivery services to
13 illegally transport narcotics into the state. In accordance
14 with this finding, the Legislature authorizes the creation of
15 a 3-year pilot program in Orange County, Florida to target and
16 intercept the illegal shipment of narcotics via
17 package-delivery services. This pilot program shall be created
18 and supervised by the Orange County Sheriff's Office. The
19 Orange County Sheriff's Office shall make a formal report of
20 its findings to the Legislature by May 1, 2004.
21 Section 2. Subsection (1) of section 823.10, Florida
22 Statutes, is amended to read:
23 823.10 Place where controlled substances are illegally
24 kept, sold, or used declared a public nuisance.--
25 (1) Any store, shop, warehouse, dwelling house,
26 building, vehicle, ship, boat, vessel, or aircraft, or any
27 place whatever, which is visited by persons for the purpose of
28 unlawfully using any substance controlled under chapter 893 or
29 any drugs as described in chapter 499, or which is used for
30 the illegal keeping, selling, or delivering of the same, shall
31 be deemed a public nuisance. No person shall keep or maintain
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1 such public nuisance or aid and abet another in keeping or
2 maintaining such public nuisance. Any person who willfully
3 violates this subsection commits the offense of keeping or
4 maintaining a public nuisance, which is a felony of the third
5 degree, punishable as provided in s. 775.082, s. 775.083, or
6 s. 775.084.
7 Section 3. Section 823.01, Florida Statutes, is
8 amended to read:
9 823.01 Nuisances; penalty.--All nuisances that which
10 tend to annoy the community, or injure the health of the
11 citizens in general, or to corrupt the public morals, are
12 misdemeanors of the second degree, punishable as provided in
13 s. 775.083, except that a violation of s. 823.10 is a felony
14 of the third degree.
15 Section 4. Subsection (4) of section 877.111, Florida
16 Statutes, is amended to read:
17 877.111 Inhalation, ingestion, possession, sale,
18 purchase, or transfer of harmful chemical substances;
19 penalties.--
20 (4) Any person who knowingly distributes, sells,
21 purchases, transfers, or possesses more than 16 grams of
22 nitrous oxide for any use other than:
23 (a) As part of the care or treatment of a disease or
24 injury by a practitioner licensed under chapter 458, chapter
25 459, chapter 464, chapter 466, or chapter 474;
26 (b) As a food processing propellant;
27 (c) As a semiconductor oxidizer;
28 (d) As an analytical chemistry oxidizer in atomic
29 absorption spectrometry;
30 (e) In the production of chemicals used to inflate
31 airbags;
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1 (f) As an oxidizer for chemical production,
2 combustion, or jet propulsion; or
3 (g) When mixed with not less than 100 parts per
4 million of sulfur dioxide
5
6 commits a felony of the third degree which shall be known as
7 unlawful distribution of nitrous oxide, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
9 subsection, in addition to proving by any other means that
10 nitrous oxide was knowingly possessed, distributed, sold,
11 purchased, or transferred for any purpose not specified in
12 paragraphs (a)-(g), proof that any person discharged, or aided
13 another in discharging, nitrous oxide to inflate a balloon or
14 any other object suitable for subsequent inhalation creates an
15 inference of the person's knowledge that the nitrous oxide's
16 use was for an unlawful a purpose other than those provided in
17 paragraphs (a)-(g). This subsection does not apply to the
18 possession and use of nitrous oxide as part of the care and
19 treatment of a disease or injury by a practitioner licensed
20 under chapter 458, chapter 459, chapter 464, chapter 466, or
21 chapter 474; as a food-processing propellant; as a
22 semiconductor oxidizer; as an analytical chemistry oxidizer in
23 atomic absorption spectrometry; in the production of chemicals
24 used to inflate airbags; as an oxidizer for chemical
25 production, combustion, or jet propulsion; or as a motor
26 vehicle induction additive when mixed with sulphur dioxide.
27 Section 5. Paragraphs (c) and (d) of subsection (1)
28 and paragraph (b) of subsection (2) of section 893.03, Florida
29 Statutes, are amended and paragraph (g) is added to subsection
30 (3) of that section, to read:
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1 893.03 Standards and schedules.--The substances
2 enumerated in this section are controlled by this chapter.
3 The controlled substances listed or to be listed in Schedules
4 I, II, III, IV, and V are included by whatever official,
5 common, usual, chemical, or trade name designated. The
6 provisions of this section shall not be construed to include
7 within any of the schedules contained in this section any
8 excluded drugs listed within the purview of 21 C.F.R. s.
9 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24,
10 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32,
11 styled "Exempted Prescription Products"; or 21 C.F.R. s.
12 1308.34, styled "Exempt Anabolic Steroid Products."
13 (1) SCHEDULE I.--A substance in Schedule I has a high
14 potential for abuse and has no currently accepted medical use
15 in treatment in the United States and in its use under medical
16 supervision does not meet accepted safety standards. The
17 following substances are controlled in Schedule I:
18 (c) Unless specifically excepted or unless listed in
19 another schedule, any material, compound, mixture, or
20 preparation which contains any quantity of the following
21 hallucinogenic substances or which contains any of their
22 salts, isomers, and salts of isomers, whenever the existence
23 of such salts, isomers, and salts of isomers is possible
24 within the specific chemical designation:
25 1. Alpha-ethyltryptamine.
26 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline
27 (4-methylaminorex).
28 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex).
29 4. 4-Bromo-2,5-dimethoxyamphetamine.
30 5. 4-Bromo-2, 5-dimethoxyphenethylamine.
31 6. Bufotenine.
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1 7. Cannabis.
2 8. Cathinone.
3 9. Diethyltryptamine.
4 10. 2,5-Dimethoxyamphetamine.
5 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET).
6 12. Dimethyltryptamine.
7 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine
8 analog of phencyclidine).
9 14. N-Ethyl-3-piperidyl benzilate.
10 15. N-ethylamphetamine.
11 16. Fenethylline.
12 17. N-Hydroxy-3,4-methylenedioxyamphetamine.
13 18. Ibogaine.
14 19. Lysergic acid diethylamide (LSD).
15 20. Mescaline.
16 21. Methcathinone.
17 22. 5-Methoxy-3,4-methylenedioxyamphetamine.
18 23. 4-methoxyamphetamine.
19 24. 4-methoxymethamphetamine.
20 25.24. 4-Methyl-2,5-dimethoxyamphetamine.
21 26.25. 3,4-Methylenedioxy-N-ethylamphetamine.
22 27.26. 3,4-Methylenedioxyamphetamine.
23 28.27. N-Methyl-3-piperidyl benzilate.
24 29.28. N,N-dimethylamphetamine.
25 30.29. Parahexyl.
26 31.30. Peyote.
27 32.31. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY)
28 (Pyrrolidine analog of phencyclidine).
29 33.32. Psilocybin.
30 34.33. Psilocyn.
31 35.34. Tetrahydrocannabinols.
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1 36.35. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP)
2 (Thiophene analog of phencyclidine).
3 37.36. 3,4,5-Trimethoxyamphetamine.
4 (d) Unless specifically excepted or unless listed in
5 another schedule, any material, compound, mixture, or
6 preparation which contains any quantity of the following
7 substances methaqualone or mecloqualone, including any of its
8 salts, isomers, optical isomers, salts of their isomers, and
9 salts of these optical isomers whenever the existence of such
10 isomers and salts is possible within the specific chemical
11 designation:.
12 1. 1,4-Butanediol.
13 2. Gamma-butyrolactone (GBL).
14 3. Gamma-hydroxybutyric acid (GHB).
15 4. Methaqualone.
16 5. Mecloqualone.
17 (2) SCHEDULE II.--A substance in Schedule II has a
18 high potential for abuse and has a currently accepted but
19 severely restricted medical use in treatment in the United
20 States, and abuse of the substance may lead to severe
21 psychological or physical dependence. The following substances
22 are controlled in Schedule II:
23 (b) Unless specifically excepted or unless listed in
24 another schedule, any of the following substances, including
25 their isomers, esters, ethers, salts, and salts of isomers,
26 esters, and ethers, whenever the existence of such isomers,
27 esters, ethers, and salts is possible within the specific
28 chemical designation:
29 1. Alfentanil.
30 2. Alphaprodine.
31 3. Anileridine.
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1 4. Bezitramide.
2 5. Bulk propoxyphene (nondosage forms).
3 6. 1,4-Butanediol.
4 6.7. Carfentanil.
5 7.8. Dihydrocodeine.
6 8.9. Diphenoxylate.
7 9.10. Fentanyl.
8 11. Gamma-hydroxybutyric acid (GHB).
9 10.12. Isomethadone.
10 11.13. Levomethorphan.
11 12.14. Levorphanol.
12 13.15. Metazocine.
13 14.16. Methadone.
14 15.17. Methadone-Intermediate,4-cyano-2-
15 dimethylamino-4,4-diphenylbutane.
16 16.18. Moramide-Intermediate,2-methyl-
17 3-morpholoino-1,1-diphenylpropane-carboxylic acid.
18 17.19. Nabilone.
19 18.20. Pethidine (meperidine).
20 19.21. Pethidine-Intermediate-A,4-cyano-1-
21 methyl-4-phenylpiperidine.
22 20.22. Pethidine-Intermediate-B,ethyl-4-
23 phenylpiperidine-4-carboxylate.
24 21.23. Pethidine-Intermediate-C,1-methyl-4-
25 phenylpiperidine-4-carboxylic acid.
26 22.24. Phenazocine.
27 23.25. Phencyclidine.
28 24.26. 1-Phenylcyclohexylamine.
29 25.27. Piminodine.
30 26.28. 1-Piperidinocyclohexanecarbonitrile.
31 27.29. Racemethorphan.
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1 28.30. Racemorphan.
2 29.31. Sufentanil.
3 (3) SCHEDULE III.--A substance in Schedule III has a
4 potential for abuse less than the substances contained in
5 Schedules I and II and has a currently accepted medical use in
6 treatment in the United States, and abuse of the substance may
7 lead to moderate or low physical dependence or high
8 psychological dependence or, in the case of anabolic steroids,
9 may lead to physical damage. The following substances are
10 controlled in Schedule III:
11 (g) Any drug product containing gamma-hydroxybutyric
12 acid, including its salts, isomers, and salts of isomers, for
13 which an application is approved under s. 505 of the Federal
14 Food, Drug, and Cosmetic Act.
15 Section 6. Subsection (1) of section 893.033, Florida
16 Statutes, is amended to read:
17 893.033 Listed chemicals.--The chemicals listed in
18 this section are included by whatever official, common, usual,
19 chemical, or trade name designated.
20 (1) PRECURSOR CHEMICALS.--The term "listed precursor
21 chemical" means a chemical that may be used in manufacturing a
22 controlled substance in violation of this chapter and is
23 critical to the creation of the controlled substance, and such
24 term includes any salt, optical isomer, or salt of an optical
25 isomer, whenever the existence of such salt, optical isomer,
26 or salt of optical isomer is possible within the specific
27 chemical designation. The following are "listed precursor
28 chemicals":
29 (a) Anthranilic acid.
30 (b) Benzyl chloride.
31 (c) Benzyl cyanide.
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1 (d) Chloroephedrine.
2 (e) Chloropseudoephedrine.
3 (f)(d) Ephedrine.
4 (g)(e) Ergonovine.
5 (h)(f) Ergotamine.
6 (i)(g) Ethylamine.
7 (j)(h) Isosafrole.
8 (k)(i) Methylamine.
9 (l)(j) 3, 4-Methylenedioxyphenyl-2-propanone.
10 (m)(k) N-acetylanthranilic acid.
11 (n)(l) N-ethylephedrine.
12 (o)(m) N-ethylpseudoephedrine.
13 (p)(n) N-methylephedrine.
14 (q)(o) N-methylpseudoephedrine.
15 (r)(p) Norpseudoephedrine.
16 (s)(q) Phenylacetic acid.
17 (t)(r) Phenylpropanolamine.
18 (u)(s) Piperidine.
19 (v)(t) Piperonal.
20 (w)(u) Propionic anhydride.
21 (x)(v) Pseudoephedrine.
22 (y)(w) Safrole.
23 Section 7. Paragraph (h) of subsection (1) of section
24 893.135, Florida Statutes, is amended, present paragraphs (i)
25 and (j) of that subsection are redesignated as paragraphs (j)
26 and (k), respectively, and amended, and new paragraphs (i) and
27 (l) are added to that subsection, to read:
28 893.135 Trafficking; mandatory sentences; suspension
29 or reduction of sentences; conspiracy to engage in
30 trafficking.--
31
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1 (1) Except as authorized in this chapter or in chapter
2 499 and notwithstanding the provisions of s. 893.13:
3 (h)1. Any person who knowingly sells, purchases,
4 manufactures, delivers, or brings into this state, or who is
5 knowingly in actual or constructive possession of, 1 kilogram
6 or more of gamma-hydroxybutyric acid (GHB), as described in s.
7 893.03(1)(d) s. 893.03(2)(b), or any mixture containing
8 gamma-hydroxybutyric acid (GHB), commits a felony of the first
9 degree, which felony shall be known as "trafficking in
10 gamma-hydroxybutyric acid (GHB)," punishable as provided in s.
11 775.082, s. 775.083, or s. 775.084. If the quantity involved:
12 a. Is 1 kilogram or more but less than 5 kilograms,
13 such person shall be sentenced to a mandatory minimum term of
14 imprisonment of 3 years, and the defendant shall be ordered to
15 pay a fine of $50,000.
16 b. Is 5 kilograms or more but less than 10 kilograms,
17 such person shall be sentenced to a mandatory minimum term of
18 imprisonment of 7 years, and the defendant shall be ordered to
19 pay a fine of $100,000.
20 c. Is 10 kilograms or more, such person shall be
21 sentenced to a mandatory minimum term of imprisonment of 15
22 calendar years and pay a fine of $250,000.
23 2. Any person who knowingly manufactures or brings
24 into this state 150 kilograms or more of gamma-hydroxybutyric
25 acid (GHB), as described in s. 893.03(1)(d) s. 893.03(2)(b),
26 or any mixture containing gamma-hydroxybutyric acid (GHB), and
27 who knows that the probable result of such manufacture or
28 importation would be the death of any person commits capital
29 manufacture or importation of gamma-hydroxybutyric acid (GHB),
30 a capital felony punishable as provided in ss. 775.082 and
31 921.142. Any person sentenced for a capital felony under this
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1 paragraph shall also be sentenced to pay the maximum fine
2 provided under subparagraph 1.
3 (i)1. Any person who knowingly sells, purchases,
4 manufactures, delivers, or brings into this state, or who is
5 knowingly in actual or constructive possession of, 1 kilogram
6 or more of gamma-butyrolactone (GBL), as described in s.
7 893.03(1)(d), or any mixture containing gamma-butyrolactone
8 (GBL), commits a felony of the first degree, which felony
9 shall be known as "trafficking in gamma-butyrolactone (GBL),"
10 punishable as provided in s. 775.082, s. 775.083, or s.
11 775.084. If the quantity involved:
12 a. Is 1 kilogram or more but less than 5 kilograms,
13 such person shall be sentenced to a mandatory minimum term of
14 imprisonment of 3 years, and the defendant shall be ordered to
15 pay a fine of $50,000.
16 b. Is 5 kilograms or more but less than 10 kilograms,
17 such person shall be sentenced to a mandatory minimum term of
18 imprisonment of 7 years, and the defendant shall be ordered to
19 pay a fine of $100,000.
20 c. Is 10 kilograms or more, such person shall be
21 sentenced to a mandatory mimimum term of imprisonment of 15
22 calendar years and pay a fine of $250,000.
23 2. Any person who knowingly manufactures or brings
24 into the state 150 kilograms or more of gamma-butyrolactone
25 (GBL), as described in s. 893.03(1)(d), or any mixture
26 containing gamma-butyrolactone (GBL), and who knows that the
27 probably result of such manufacture or importation would be
28 the death of any person commits capital manufacture or
29 importation of gamma-butyrolactone (GBL), a capital felony
30 punishable as provided in ss. 775.082 and 921.142. Any person
31 sentenced for a capital felony under this paragraph shall also
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1 be sentenced to pay the maximum fine provided under
2 subparagraph 1.
3 (j)(i)1. Any person who knowingly sells, purchases,
4 manufactures, delivers, or brings into this state, or who is
5 knowingly in actual or constructive possession of, 1 kilogram
6 or more of 1,4-Butanediol as described in s. 893.03(1)(d) s.
7 893.03(2)(b), or of any mixture containing 1,4-Butanediol,
8 commits a felony of the first degree, which felony shall be
9 known as "trafficking in 1,4-Butanediol," punishable as
10 provided in s. 775.082, s. 775.083, or s. 775.084. If the
11 quantity involved:
12 a. Is 1 kilogram or more, but less than 5 kilograms,
13 such person shall be sentenced to a mandatory minimum term of
14 imprisonment of 3 years, and the defendant shall be ordered to
15 pay a fine of $50,000.
16 b. Is 5 kilograms or more, but less than 10 kilograms,
17 such person shall be sentenced to a mandatory minimum term of
18 imprisonment of 7 years, and the defendant shall be ordered to
19 pay a fine of $100,000.
20 c. Is 10 kilograms or more, such person shall be
21 sentenced to a mandatory minimum term of imprisonment of 15
22 calendar years and pay a fine of $500,000.
23 2. Any person who knowingly manufactures or brings
24 into this state 150 kilograms or more of 1,4-Butanediol as
25 described in s. 893.03(1)(d) s. 893.03(2)(b), or any mixture
26 containing 1,4-Butanediol, and who knows that the probable
27 result of such manufacture or importation would be the death
28 of any person commits capital manufacture or importation of
29 1,4-Butanediol, a capital felony punishable as provided in ss.
30 775.082 and 921.142. Any person sentenced for a capital felony
31
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1 under this paragraph shall also be sentenced to pay the
2 maximum fine provided under subparagraph 1.
3 (k)(j)1. Any person who knowingly sells, purchases,
4 manufactures, delivers, or brings into this state, or who is
5 knowingly in actual or constructive possession of, 10 grams or
6 more of any of the following substances described in s.
7 893.03(1)(a) or (c):
8 a. 3,4-Methylenedioxymethamphetamine (MDMA);
9 b. 4-Bromo-2,5-dimethoxyamphetamine;
10 c. 4-Bromo-2,5-dimethoxyphenethylamine;
11 d. 2,5-Dimethoxyamphetamine;
12 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
13 f. N-ethylamphetamine;
14 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
15 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
16 i. 4-methoxyamphetamine;
17 j. 4-methoxymethamphetamine;
18 k.j. 4-Methyl-2,5-dimethoxyamphetamine;
19 l.k. 3,4-Methylenedioxy-N-ethylamphetamine;
20 m.l. 3,4-Methylenedioxyamphetamine;
21 n.m. N,N-dimethylamphetamine; or
22 o.n. 3,4,5-Trimethoxyamphetamine,
23
24 individually or in any combination of or any mixture
25 containing any substance listed in sub-subparagraphs a.-o.
26 a.-n., commits a felony of the first degree, which felony
27 shall be known as "trafficking in Phenethylamines," punishable
28 as provided in s. 775.082, s. 775.083, or s. 775.084.
29 2. If the quantity involved:
30 a. Is 10 grams or more but less than 200 grams, such
31 person shall be sentenced to a mandatory minimum term of
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1 imprisonment of 3 years, and the defendant shall be ordered to
2 pay a fine of $50,000.
3 b. Is 200 grams or more, but less than 400 grams, such
4 person shall be sentenced to a mandatory minimum term of
5 imprisonment of 7 years, and the defendant shall be ordered to
6 pay a fine of $100,000.
7 c. Is 400 grams or more, such person shall be
8 sentenced to a mandatory minimum term of imprisonment of 15
9 calendar years and pay a fine of $250,000.
10 3. Any person who knowingly manufactures or brings
11 into this state 30 kilograms or more of any of the following
12 substances described in s. 893.03(1)(a) or (c):
13 a. 3,4-Methylenedioxymethamphetamine (MDMA);
14 b. 4-Bromo-2,5-dimethoxyamphetamine;
15 c. 4-Bromo-2,5-dimethoxyphenethylamine;
16 d. 2,5-Dimethoxyamphetamine;
17 e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
18 f. N-ethylamphetamine;
19 g. N-Hydroxy-3,4-methylenedioxyamphetamine;
20 h. 5-Methoxy-3,4-methylenedioxyamphetamine;
21 i. 4-methoxyamphetamine;
22 j. 4-methoxymethamphetamine;
23 k.j. 4-Methyl-2,5-dimethoxyamphetamine;
24 l.k. 3,4-Methylenedioxy-N-ethylamphetamine;
25 m.l. 3,4-Methylenedioxyamphetamine;
26 n.m. N,N-dimethylamphetamine; or
27 o.n. 3,4,5-Trimethoxyamphetamine,
28
29 individually or in any combination of or any mixture
30 containing any substance listed in sub-subparagraphs a.-o.
31 a.-n., and who knows that the probable result of such
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1 manufacture or importation would be the death of any person
2 commits capital manufacture or importation of Phenethylamines,
3 a capital felony punishable as provided in ss. 775.082 and
4 921.142. Any person sentenced for a capital felony under this
5 paragraph shall also be sentenced to pay the maximum fine
6 provided under subparagraph 1.
7 (l)1. Any person who knowingly sells, purchases,
8 manufactures, delivers, or brings into this state, or who is
9 knowingly in actual or constructive possession of, 1 gram or
10 more of lysergic acid diethylamide (LSD) as described in s.
11 893.03(1)(c), or of any mixture containing lysergic acid
12 diethylamide (LSD), commits a felony of the first degree,
13 which felony shall be known as "trafficking in lysergic acid
14 diethylamide (LSD)," punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084. If the quantity involved:
16 a. Is 1 gram or more, but less than 5 grams, such
17 person shall be sentenced to a mandatory minimum term of
18 imprisonment of 3 years, and the defendant shall be ordered to
19 pay a fine of $50,000.
20 b. Is 5 grams or more, but less than 7 grams, such
21 person shall be sentenced to a mandatory minimum term of
22 imprisonment of 7 years, and the defendant shall be ordered to
23 pay a fine of $100,000.
24 c. Is 7 grams or more, such person shall be sentenced
25 to a mandatory minimum term of imprisonment of 15 calendar
26 years and pay a fine of $500,000.
27 2. Any person who knowingly manufactures or brings
28 into this state 7 grams or more of lysergic acid diethylamide
29 (LSD) as described in s. 893.03(1)(c), or any mixture
30 containing lysergic acid diethylamide (LSD), and who knows
31 that the probable result of such manufacture or importation
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1 would be the death of any person commits capital manufacture
2 or importation of lysergic acid diethylamide (LSD), a capital
3 felony punishable as provided in ss. 775.082 and 921.142. Any
4 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 Section 8. This act shall take effect July 1, 2001,
8 except that this section and section 1 of this act shall take
9 effect upon becoming a law.
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Florida Senate - 2001 CS for SB 1932
307-1779-01
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1932
3
4 - Provides that a person commits a third degree felony by
willfully keeping or maintaining or willfully aiding or
5 abetting another to keep or maintain a public nuisance
consisting of a store, warehouse, dwelling, building,
6 vehicle, ship, boat, vessel, or any other place, which
is visited for the purpose of obtaining illegal drugs or
7 which is used to keep, sell, or deliver illegal drugs.
8 - Clarifies current exceptions to unlawful possession and
use of nitrous oxide, such as in the treatment of a
9 disease or injury by a licensed practitioner.
10 - Adds to Schedule I of the controlled substance schedules
several sedative-type or depressant drugs: 1,4
11 butanediol, gamma-butyrolactone (GBL), and
gamma-hydroxybutyric acid (GHB); groups methaqualone
12 (Quaaludes) and mecloqualone, which are currently listed
in Schedule II, with the other drugs; deletes current
13 Schedule II references for 1,4 butanediol and GHB, and
adds to Schedule III any drug product containing GHB for
14 which an application is approved under s. 505 of the
Federal Food, Drug, and Cosmetic Act.
15
- Adds to Schedule I the drug 4-methoxymethamphetamine, a
16 phenethylamine, and deletes its current Schedule II
reference.
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- Lists as precursors chemicals two chemicals used in the
18 synthesis of methamphetamines: chloroephedrine and
chloropseudoephedrine.
19
- Creates offenses for trafficking in GBL and LSD.
20 Provides the following applicable GBL and LSD
trafficking penalties: 1st degree felony with 3, 7, or
21 15-year mandatory term (depending on the amount
trafficked), or a capital felony, if 150 kilos or more
22 of GBL or 7 grams or more of LSD are manufactured or
imported and such manufacture or importation results in
23 the death of a person.
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