Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 204
       
       
       
       
       
       
                                Barcode 965468                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2011           .                                
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       The Committee on Health Regulation (Fasano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 116 and 117
    4  insert:
    5         Section 3. Subsection (6) of section 893.13, Florida
    6  Statutes, is amended to read:
    7         893.13 Prohibited acts; penalties.—
    8         (6)(a) It is unlawful for any person to be in actual or
    9  constructive possession of a controlled substance unless such
   10  controlled substance was lawfully obtained from a practitioner
   11  or pursuant to a valid prescription or order of a practitioner
   12  while acting in the course of his or her professional practice
   13  or to be in actual or constructive possession of a controlled
   14  substance except as otherwise authorized by this chapter. Any
   15  person who violates this provision commits a felony of the third
   16  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   17  775.084.
   18         (b) If the offense is the possession of not more than 20
   19  grams of cannabis, as defined in this chapter, or 3 grams or
   20  less of a controlled substance described in s. 893.03(1)(c)40.
   21  44., the person commits a misdemeanor of the first degree,
   22  punishable as provided in s. 775.082 or s. 775.083. For the
   23  purposes of this subsection, “cannabis” does not include the
   24  resin extracted from the plants of the genus Cannabis, or any
   25  compound manufacture, salt, derivative, mixture, or preparation
   26  of such resin and a controlled substance described in s.
   27  893.03(1)(c)40.-44. does not include the substance in a powdered
   28  form.
   29         (c) Except as provided in this chapter, it is unlawful to
   30  possess in excess of 10 grams of any substance named or
   31  described in s. 893.03(1)(a) or (1)(b), or any combination
   32  thereof, or any mixture containing any such substance. Any
   33  person who violates this paragraph commits a felony of the first
   34  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   35  775.084.
   36         (d) Notwithstanding any provision to the contrary of the
   37  laws of this state relating to arrest, a law enforcement officer
   38  may arrest without warrant any person who the officer has
   39  probable cause to believe is violating the provisions of this
   40  chapter relating to possession of cannabis.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Delete line 7
   45  and insert:
   46         list of controlled substances in Schedule I; amending
   47         s. 893.13, F.S.; providing that it is a misdemeanor of
   48         the first degree to be in possession of not more than
   49         a specified amount of certain hallucinogenic
   50         substances; providing an exception for the powdered
   51         form of such substances;