Florida Senate - 2012 CS for SB 1502 By the Committee on Criminal Justice; and Senator Evers 591-02726-12 20121502c1 1 A bill to be entitled 2 An act relating to controlled substances; amending s. 3 893.03, F.S.; adding to the list of Schedule I 4 controlled substances certain specified materials, 5 compounds, mixtures, or preparations that contain 6 hallucinogenic substances or that contain any of these 7 substances’ salts, isomers, and salts of isomers, if 8 the existence of such salts, isomers, and salts of 9 isomers is possible within the specific chemical 10 designation; reenacting ss. 893.13(1)-(6) and 11 921.0022(3)(b)-(e), F.S., relating to prohibited acts 12 involving controlled substances and the Criminal 13 Punishment Code, respectively, to incorporate the 14 amendments made to s. 893.03, F.S., in references 15 thereto; amending s. 893.13, F.S.; providing that it 16 is a misdemeanor of the first degree to possess 17 specified amounts of certain synthetic cannabinoids in 18 nonpowdered form; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (c) of subsection (1) of section 23 893.03, Florida Statutes, is amended to read: 24 893.03 Standards and schedules.—The substances enumerated 25 in this section are controlled by this chapter. The controlled 26 substances listed or to be listed in Schedules I, II, III, IV, 27 and V are included by whatever official, common, usual, 28 chemical, or trade name designated. The provisions of this 29 section shall not be construed to include within any of the 30 schedules contained in this section any excluded drugs listed 31 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded 32 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical 33 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted 34 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt 35 Anabolic Steroid Products.” 36 (1) SCHEDULE I.—A substance in Schedule I has a high 37 potential for abuse and has no currently accepted medical use in 38 treatment in the United States and in its use under medical 39 supervision does not meet accepted safety standards. The 40 following substances are controlled in Schedule I: 41 (c) Unless specifically excepted or unless listed in 42 another schedule, any material, compound, mixture, or 43 preparation thatwhichcontains any quantity of the following 44 hallucinogenic substances or thatwhichcontains any of their 45 salts, isomers, and salts of isomers, ifwheneverthe existence 46 of such salts, isomers, and salts of isomers is possible within 47 the specific chemical designation: 48 1. Alpha-ethyltryptamine. 49 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4 50 methylaminorex). 51 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex). 52 4. 4-Bromo-2,5-dimethoxyamphetamine. 53 5. 4-Bromo-2, 5-dimethoxyphenethylamine. 54 6. Bufotenine. 55 7. Cannabis. 56 8. Cathinone. 57 9. Diethyltryptamine. 58 10. 2,5-Dimethoxyamphetamine. 59 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET). 60 12. Dimethyltryptamine. 61 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine 62 analog of phencyclidine). 63 14. N-Ethyl-3-piperidyl benzilate. 64 15. N-ethylamphetamine. 65 16. Fenethylline. 66 17. N-Hydroxy-3,4-methylenedioxyamphetamine. 67 18. Ibogaine. 68 19. Lysergic acid diethylamide (LSD). 69 20. Mescaline. 70 21. Methcathinone. 71 22. 5-Methoxy-3,4-methylenedioxyamphetamine. 72 23. 4-methoxyamphetamine. 73 24. 4-methoxymethamphetamine. 74 25. 4-Methyl-2,5-dimethoxyamphetamine. 75 26. 3,4-Methylenedioxy-N-ethylamphetamine. 76 27. 3,4-Methylenedioxyamphetamine. 77 28. N-Methyl-3-piperidyl benzilate. 78 29. N,N-dimethylamphetamine. 79 30. Parahexyl. 80 31. Peyote. 81 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine 82 analog of phencyclidine). 83 33. Psilocybin. 84 34. Psilocyn. 85 35. Salvia divinorum, except for any drug product approved 86 by the United States Food and Drug Administration which contains 87 Salvia divinorum or its isomers, esters, ethers, salts, and 88 salts of isomers, esters, and ethers, ifwheneverthe existence 89 of such isomers, esters, ethers, and salts is possible within 90 the specific chemical designation. 91 36. Salvinorin A, except for any drug product approved by 92 the United States Food and Drug Administration which contains 93 Salvinorin A or its isomers, esters, ethers, salts, and salts of 94 isomers, esters, and ethers, ifwheneverthe existence of such 95 isomers, esters, ethers, and salts is possible within the 96 specific chemical designation. 97 37. Tetrahydrocannabinols. 98 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) 99 (Thiophene analog of phencyclidine). 100 39. 3,4,5-Trimethoxyamphetamine. 101 40. 3,4-Methylenedioxymethcathinone. 102 41. 3,4-Methylenedioxypyrovalerone (MDPV). 103 42. Methylmethcathinone. 104 43. Methoxymethcathinone. 105 44. Fluoromethcathinone. 106 45. Methylethcathinone. 107 46. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2 108 yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8) 109 homologue. 110 47. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2 111 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol, 112 also known as HU-210. 113 48. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018. 114 49. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073. 115 50. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also 116 known as JWH-200. 117 51. BZP (Benzylpiperazine). 118 52. Fluorophenylpiperazine. 119 53. Methylphenylpiperazine. 120 54. Chlorophenylpiperazine. 121 55. Methoxyphenylpiperazine. 122 56. DBZP (1,4-dibenzylpiperazine). 123 57. TFMPP (3-Trifluoromethylphenylpiperazine). 124 58. MBDB (Methylbenzodioxolylbutanamine). 125 59. 5-Hydroxy-alpha-methyltryptamine. 126 60. 5-Hydroxy-N-methyltryptamine. 127 61. 5-Methoxy-N-methyl-N-isopropyltryptamine. 128 62. 5-Methoxy-alpha-methyltryptamine. 129 63. Methyltryptamine. 130 64. 5-Methoxy-N,N-dimethyltryptamine. 131 65. 5-Methyl-N,N-dimethyltryptamine. 132 66. Tyramine (4-Hydroxyphenethylamine). 133 67. 5-Methoxy-N,N-Diisopropyltryptamine. 134 68. DiPT (N,N-Diisopropyltryptamine). 135 69. DPT (N,N-Dipropyltryptamine). 136 70. 4-Hydroxy-N,N-diisopropyltryptamine. 137 71. Methoxytryptamine. 138 72. DOI (4-Iodo-2,5-dimethoxyamphetamine). 139 73. DOC (4-Chloro-2,5-dimethoxyamphetamine). 140 74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 141 75. 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine). 142 76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). 143 77. 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine). 144 78. 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine). 145 79. 2C-T-7 (2,5-Dimethoxy-4-propylthiophenethylamine). 146 80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). 147 81. Butylone (beta-keto-N-methylbenzodioxolylpropylamine). 148 82. Ethcathinone. 149 83. Ethylone (3,4-methylenedioxy-N-ethylcathinone). 150 84. Naphyrone (naphthylpyrovalerone). 151 85. N-N-Dimethyl-3,4-methylenedioxycathinone. 152 86. N-N-Diethyl-3,4-methylenedioxycathinone. 153 87. 3,4-methylenedioxy-propiophenone. 154 88. 2-Bromo-3,4-Methylenedioxypropiophenone. 155 89. 3,4-methylenedioxy-propiophenone-2-oxime. 156 90. N-Acetyl-3,4-methylenedioxycathinone. 157 91. N-Acetyl-N-Methyl-3,4-Methylenedioxycathinone. 158 92. N-Acetyl-N-Ethyl-3,4-Methylenedioxycathinone. 159 93. Bromomethcathinone. 160 94. Buphedrone (alpha-methylamino-butyrophenone). 161 95. Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine). 162 96. Dimethylcathinone. 163 97. Dimethylmethcathinone. 164 98. Pentylone (beta-Keto-Methylbenzodioxolylpentanamine). 165 99. (MDPPP) 3,4-Methylenedioxy-alpha 166 pyrrolidinopropiophenone. 167 100. (MDPBP) 3,4-Methylenedioxy-alpha 168 pyrrolidinobutiophenone. 169 101. Methoxypyrrolidinopropiophenone (MOPPP). 170 102. Methylpyrrolidinohexiophenone (MPHP). 171 103. Benzocyclidine (BCP) or 172 benzothiophenylcyclohexylpiperidine (BTCP). 173 104. Fluoromethylaminobutyrophenone (F-MABP). 174 105. Methoxypyrrolidinobutyrophenone (MeO-PBP). 175 106. Ethylpyrrolidinobutyrophenone (Et-PBP). 176 107. 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT). 177 108. Methylethylaminobutyrophenone (Me-EABP). 178 109. Methylaminobutyrophenone (MABP). 179 110. Pyrrolidinopropiophenone. 180 111. Pyrrolidinobutiophenone (PBP). 181 112. Pyrrolidinovalerophenone (PVP). 182 113. Methylpyrrolidinopropiophenone (MPPP). 183 114. JWH-007 (1-pentyl-2-methyl-3-(1-naphthoyl)indole). 184 115. JWH-015 (2-Methyl-1-propyl-1H-indol-3-yl)-1 185 naphthalenylmethanone). 186 116. JWH-019 (Naphthanlen-1-yl-(1-pentylindol-3 187 yl)methanone). 188 117. JWH-020 (1-heptyl-3-(1-naphthoyl)indole). 189 118. JWH-072 (Naphthalen-1-yl-(1-propyl-1H-indol-3 190 yl)methanone). 191 119. JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindol-3 192 yl)methanone). 193 120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). 194 121. JWH-133 ((6aR,10aR)-3-(1,1-Dimethylbutyl)-6a,7,10,10a 195 tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran)). 196 122. JWH-175 (3-(naphthalen-1-ylmethyl)-1-pentyl-1H 197 indole). 198 123. JWH-201 (1-pentyl-3-(4-methoxyphenylacetyl)indole). 199 124. JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3 200 yl)ethanone). 201 125. JWH-210 (4-ethylnaphthalen-1-yl-(1-pentylindol-3 202 yl)methanone). 203 126. JWH-250 (2-(2-methoxyphenyl)-1-(1-pentylindol-3 204 yl)ethanone). 205 127. JWH-251 (2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3 206 yl)ethanone). 207 128. JWH-302 (1-pentyl-3-(3-methoxyphenylacetyl)indole). 208 129. JWH-398 (1-pentyl-3-(4-chloro-1-naphthoyl)indole). 209 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3-2 210 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)). 211 131. HU-308 ([91R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan 212 2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol). 213 132. HU-331 (3-hydroxy-2-[(1R,6R)-3-methyl-6-(1 214 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene 215 1,4-dione). 216 133. CB-13 (Naphthalen-1-yl-(4-pentyloxynaphthalen-1 217 yl)methanone). 218 134. CB-25 (N-cyclopropyl-11-(3-hydroxy-5-pentylphenoxy) 219 undecanamide). 220 135. CB-52 (N-cyclopropyl-11-(2-hexyl-5-hydroxyphenoxy) 221 undecanamide). 222 136. CP55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3 223 hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-yl)phenol). 224 137. AM-694 (1-[(5-fluoropentyl)-1H-indol-3-yl]-(2 225 iodophenyl)methanone). 226 138. AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl] 227 (naphthalen-1-yl)methanone). 228 139. RCS-4 (((4-methoxyphenyl) (1-pentyl-1H-indol-3 229 yl)methanone)). 230 140. RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2 231 methoxyphenylethanonone). 232 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4 233 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 234 naphthalenylmethanone). 235 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4 236 morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1 237 naphthalenylmethanone). 238 Section 2. For the purpose of incorporating the amendment 239 made by this act to section 893.03, Florida Statutes, in 240 references thereto, subsections (1), (2), (3), (4), (5), and (6) 241 of section 893.13, Florida Statutes, are reenacted, and 242 paragraph (b) of subsection (6) is amended, to read: 243 893.13 Prohibited acts; penalties.— 244 (1)(a) Except as authorized by this chapter and chapter 245 499, it is unlawful for any person to sell, manufacture, or 246 deliver, or possess with intent to sell, manufacture, or 247 deliver, a controlled substance. Any person who violates this 248 provision with respect to: 249 1. A controlled substance named or described in s. 250 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 251 commits a felony of the second degree, punishable as provided in 252 s. 775.082, s. 775.083, or s. 775.084. 253 2. A controlled substance named or described in s. 254 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 255 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 256 the third degree, punishable as provided in s. 775.082, s. 257 775.083, or s. 775.084. 258 3. A controlled substance named or described in s. 259 893.03(5) commits a misdemeanor of the first degree, punishable 260 as provided in s. 775.082 or s. 775.083. 261 (b) Except as provided in this chapter, it is unlawful to 262 sell or deliver in excess of 10 grams of any substance named or 263 described in s. 893.03(1)(a) or (1)(b), or any combination 264 thereof, or any mixture containing any such substance. Any 265 person who violates this paragraph commits a felony of the first 266 degree, punishable as provided in s. 775.082, s. 775.083, or s. 267 775.084. 268 (c) Except as authorized by this chapter, it is unlawful 269 for any person to sell, manufacture, or deliver, or possess with 270 intent to sell, manufacture, or deliver, a controlled substance 271 in, on, or within 1,000 feet of the real property comprising a 272 child care facility as defined in s. 402.302 or a public or 273 private elementary, middle, or secondary school between the 274 hours of 6 a.m. and 12 midnight, or at any time in, on, or 275 within 1,000 feet of real property comprising a state, county, 276 or municipal park, a community center, or a publicly owned 277 recreational facility. For the purposes of this paragraph, the 278 term “community center” means a facility operated by a nonprofit 279 community-based organization for the provision of recreational, 280 social, or educational services to the public. Any person who 281 violates this paragraph with respect to: 282 1. A controlled substance named or described in s. 283 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 284 commits a felony of the first degree, punishable as provided in 285 s. 775.082, s. 775.083, or s. 775.084. The defendant must be 286 sentenced to a minimum term of imprisonment of 3 calendar years 287 unless the offense was committed within 1,000 feet of the real 288 property comprising a child care facility as defined in s. 289 402.302. 290 2. A controlled substance named or described in s. 291 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 292 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 293 the second degree, punishable as provided in s. 775.082, s. 294 775.083, or s. 775.084. 295 3. Any other controlled substance, except as lawfully sold, 296 manufactured, or delivered, must be sentenced to pay a $500 fine 297 and to serve 100 hours of public service in addition to any 298 other penalty prescribed by law. 299 300 This paragraph does not apply to a child care facility unless 301 the owner or operator of the facility posts a sign that is not 302 less than 2 square feet in size with a word legend identifying 303 the facility as a licensed child care facility and that is 304 posted on the property of the child care facility in a 305 conspicuous place where the sign is reasonably visible to the 306 public. 307 (d) Except as authorized by this chapter, it is unlawful 308 for any person to sell, manufacture, or deliver, or possess with 309 intent to sell, manufacture, or deliver, a controlled substance 310 in, on, or within 1,000 feet of the real property comprising a 311 public or private college, university, or other postsecondary 312 educational institution. Any person who violates this paragraph 313 with respect to: 314 1. A controlled substance named or described in s. 315 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 316 commits a felony of the first degree, punishable as provided in 317 s. 775.082, s. 775.083, or s. 775.084. 318 2. A controlled substance named or described in s. 319 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 320 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 321 the second degree, punishable as provided in s. 775.082, s. 322 775.083, or s. 775.084. 323 3. Any other controlled substance, except as lawfully sold, 324 manufactured, or delivered, must be sentenced to pay a $500 fine 325 and to serve 100 hours of public service in addition to any 326 other penalty prescribed by law. 327 (e) Except as authorized by this chapter, it is unlawful 328 for any person to sell, manufacture, or deliver, or possess with 329 intent to sell, manufacture, or deliver, a controlled substance 330 not authorized by law in, on, or within 1,000 feet of a physical 331 place for worship at which a church or religious organization 332 regularly conducts religious services or within 1,000 feet of a 333 convenience business as defined in s. 812.171. Any person who 334 violates this paragraph with respect to: 335 1. A controlled substance named or described in s. 336 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 337 commits a felony of the first degree, punishable as provided in 338 s. 775.082, s. 775.083, or s. 775.084. 339 2. A controlled substance named or described in s. 340 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 341 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 342 the second degree, punishable as provided in s. 775.082, s. 343 775.083, or s. 775.084. 344 3. Any other controlled substance, except as lawfully sold, 345 manufactured, or delivered, must be sentenced to pay a $500 fine 346 and to serve 100 hours of public service in addition to any 347 other penalty prescribed by law. 348 (f) Except as authorized by this chapter, it is unlawful 349 for any person to sell, manufacture, or deliver, or possess with 350 intent to sell, manufacture, or deliver, a controlled substance 351 in, on, or within 1,000 feet of the real property comprising a 352 public housing facility at any time. For purposes of this 353 section, the term “real property comprising a public housing 354 facility” means real property, as defined in s. 421.03(12), of a 355 public corporation created as a housing authority pursuant to 356 part I of chapter 421. Any person who violates this paragraph 357 with respect to: 358 1. A controlled substance named or described in s. 359 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 360 commits a felony of the first degree, punishable as provided in 361 s. 775.082, s. 775.083, or s. 775.084. 362 2. A controlled substance named or described in s. 363 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 364 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 365 the second degree, punishable as provided in s. 775.082, s. 366 775.083, or s. 775.084. 367 3. Any other controlled substance, except as lawfully sold, 368 manufactured, or delivered, must be sentenced to pay a $500 fine 369 and to serve 100 hours of public service in addition to any 370 other penalty prescribed by law. 371 (g) Except as authorized by this chapter, it is unlawful 372 for any person to manufacture methamphetamine or phencyclidine, 373 or possess any listed chemical as defined in s. 893.033 in 374 violation of s. 893.149 and with intent to manufacture 375 methamphetamine or phencyclidine. If any person violates this 376 paragraph and: 377 1. The commission or attempted commission of the crime 378 occurs in a structure or conveyance where any child under 16 379 years of age is present, the person commits a felony of the 380 first degree, punishable as provided in s. 775.082, s. 775.083, 381 or s. 775.084. In addition, the defendant must be sentenced to a 382 minimum term of imprisonment of 5 calendar years. 383 2. The commission of the crime causes any child under 16 384 years of age to suffer great bodily harm, the person commits a 385 felony of the first degree, punishable as provided in s. 386 775.082, s. 775.083, or s. 775.084. In addition, the defendant 387 must be sentenced to a minimum term of imprisonment of 10 388 calendar years. 389 (h) Except as authorized by this chapter, it is unlawful 390 for any person to sell, manufacture, or deliver, or possess with 391 intent to sell, manufacture, or deliver, a controlled substance 392 in, on, or within 1,000 feet of the real property comprising an 393 assisted living facility, as that term is used in chapter 429. 394 Any person who violates this paragraph with respect to: 395 1. A controlled substance named or described in s. 396 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 397 commits a felony of the first degree, punishable as provided in 398 s. 775.082, s. 775.083, or s. 775.084. 399 2. A controlled substance named or described in s. 400 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 401 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 402 the second degree, punishable as provided in s. 775.082, s. 403 775.083, or s. 775.084. 404 (2)(a) Except as authorized by this chapter and chapter 405 499, it is unlawful for any person to purchase, or possess with 406 intent to purchase, a controlled substance. Any person who 407 violates this provision with respect to: 408 1. A controlled substance named or described in s. 409 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 410 commits a felony of the second degree, punishable as provided in 411 s. 775.082, s. 775.083, or s. 775.084. 412 2. A controlled substance named or described in s. 413 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 414 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 415 the third degree, punishable as provided in s. 775.082, s. 416 775.083, or s. 775.084. 417 3. A controlled substance named or described in s. 418 893.03(5) commits a misdemeanor of the first degree, punishable 419 as provided in s. 775.082 or s. 775.083. 420 (b) Except as provided in this chapter, it is unlawful to 421 purchase in excess of 10 grams of any substance named or 422 described in s. 893.03(1)(a) or (1)(b), or any combination 423 thereof, or any mixture containing any such substance. Any 424 person who violates this paragraph commits a felony of the first 425 degree, punishable as provided in s. 775.082, s. 775.083, or s. 426 775.084. 427 (3) Any person who delivers, without consideration, not 428 more than 20 grams of cannabis, as defined in this chapter, 429 commits a misdemeanor of the first degree, punishable as 430 provided in s. 775.082 or s. 775.083. For the purposes of this 431 paragraph, “cannabis” does not include the resin extracted from 432 the plants of the genus Cannabis or any compound manufacture, 433 salt, derivative, mixture, or preparation of such resin. 434 (4) Except as authorized by this chapter, it is unlawful 435 for any person 18 years of age or older to deliver any 436 controlled substance to a person under the age of 18 years, or 437 to use or hire a person under the age of 18 years as an agent or 438 employee in the sale or delivery of such a substance, or to use 439 such person to assist in avoiding detection or apprehension for 440 a violation of this chapter. Any person who violates this 441 provision with respect to: 442 (a) A controlled substance named or described in s. 443 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 444 commits a felony of the first degree, punishable as provided in 445 s. 775.082, s. 775.083, or s. 775.084. 446 (b) A controlled substance named or described in s. 447 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 448 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 449 the second degree, punishable as provided in s. 775.082, s. 450 775.083, or s. 775.084. 451 452 Imposition of sentence may not be suspended or deferred, nor 453 shall the person so convicted be placed on probation. 454 (5) It is unlawful for any person to bring into this state 455 any controlled substance unless the possession of such 456 controlled substance is authorized by this chapter or unless 457 such person is licensed to do so by the appropriate federal 458 agency. Any person who violates this provision with respect to: 459 (a) A controlled substance named or described in s. 460 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., 461 commits a felony of the second degree, punishable as provided in 462 s. 775.082, s. 775.083, or s. 775.084. 463 (b) A controlled substance named or described in s. 464 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 465 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 466 the third degree, punishable as provided in s. 775.082, s. 467 775.083, or s. 775.084. 468 (c) A controlled substance named or described in s. 469 893.03(5) commits a misdemeanor of the first degree, punishable 470 as provided in s. 775.082 or s. 775.083. 471 (6)(a) It is unlawful for any person to be in actual or 472 constructive possession of a controlled substance unless such 473 controlled substance was lawfully obtained from a practitioner 474 or pursuant to a valid prescription or order of a practitioner 475 while acting in the course of his or her professional practice 476 or to be in actual or constructive possession of a controlled 477 substance except as otherwise authorized by this chapter. Any 478 person who violates this provision commits a felony of the third 479 degree, punishable as provided in s. 775.082, s. 775.083, or s. 480 775.084. 481 (b) If the offense is the possession of not more than 20 482 grams of cannabis, as defined in this chapter, or 3 grams or 483 less of a controlled substance described in s. 893.03(1)(c)46. 484 50. and 114.-142., the person commits a misdemeanor of the first 485 degree, punishable as provided in s. 775.082 or s. 775.083. For 486 the purposes of this subsection, “cannabis” does not include the 487 resin extracted from the plants of the genus Cannabis, or any 488 compound manufacture, salt, derivative, mixture, or preparation 489 of such resin, and a controlled substance described in s. 490 893.03(1)(c)46.-50. and 114.-142. does not include the substance 491 in a powdered form. 492 (c) Except as provided in this chapter, it is unlawful to 493 possess in excess of 10 grams of any substance named or 494 described in s. 893.03(1)(a) or (1)(b), or any combination 495 thereof, or any mixture containing any such substance. Any 496 person who violates this paragraph commits a felony of the first 497 degree, punishable as provided in s. 775.082, s. 775.083, or s. 498 775.084. 499 (d) Notwithstanding any provision to the contrary of the 500 laws of this state relating to arrest, a law enforcement officer 501 may arrest without warrant any person who the officer has 502 probable cause to believe is violating the provisions of this 503 chapter relating to possession of cannabis. 504 Section 3. For the purpose of incorporating the amendment 505 made by this act to section 893.03, Florida Statutes, in 506 references thereto, paragraphs (b), (c), (d), and (e) of 507 subsection (3) of section 921.0022, Florida Statutes, are 508 reenacted to read: 509 921.0022 Criminal Punishment Code; offense severity ranking 510 chart.— 511 (3) OFFENSE SEVERITY RANKING CHART 512 (b) LEVEL 2 513 FloridaStatute FelonyDegree Description 514 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 515 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 516 403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 517 517.07 3rd Registration of securities and furnishing of prospectus required. 518 590.28(1) 3rd Intentional burning of lands. 519 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 520 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 521 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 522 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 523 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 524 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000. 525 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. 526 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 527 817.234(1)(a)2. 3rd False statement in support of insurance claim. 528 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 529 817.52(3) 3rd Failure to redeliver hired vehicle. 530 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 531 817.60(5) 3rd Dealing in credit cards of another. 532 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 533 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 534 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 535 831.01 3rd Forgery. 536 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 537 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 538 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 539 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 540 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 541 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 542 843.08 3rd Falsely impersonating an officer. 543 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis. 544 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 545 (c) LEVEL 3 546 FloridaStatute FelonyDegree Description 547 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 548 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 549 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 550 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 551 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 552 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 553 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 554 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 555 327.35(2)(b) 3rd Felony BUI. 556 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 557 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 558 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 559 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 560 379.2431 (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 561 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information. 562 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 563 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 564 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 565 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 566 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 567 697.08 3rd Equity skimming. 568 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 569 796.05(1) 3rd Live on earnings of a prostitute. 570 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 571 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 572 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 573 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 574 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 575 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 576 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 577 817.233 3rd Burning to defraud insurer. 578 817.234 (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 579 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 580 817.236 3rd Filing a false motor vehicle insurance application. 581 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 582 817.413(2) 3rd Sale of used goods as new. 583 817.505(4) 3rd Patient brokering. 584 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 585 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 586 831.29 2nd Possession of instruments for counterfeiting drivers’ licenses or identification cards. 587 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 588 843.19 3rd Injure, disable, or kill police dog or horse. 589 860.15(3) 3rd Overcharging for repairs and parts. 590 870.01(2) 3rd Riot; inciting or encouraging. 591 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 592 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 593 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 594 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 595 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 596 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 597 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 598 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 599 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 600 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 601 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 602 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 603 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 604 944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility. 605 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 606 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 607 (d) LEVEL 4 608 FloridaStatute FelonyDegree Description 609 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 610 499.0051(1) 3rd Failure to maintain or deliver pedigree papers. 611 499.0051(2) 3rd Failure to authenticate pedigree papers. 612 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 613 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 614 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 615 784.075 3rd Battery on detention or commitment facility staff. 616 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 617 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 618 784.081(3) 3rd Battery on specified official or employee. 619 784.082(3) 3rd Battery by detained person on visitor or other detainee. 620 784.083(3) 3rd Battery on code inspector. 621 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 622 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 623 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 624 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 625 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 626 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 627 790.115(2)(c) 3rd Possessing firearm on school property. 628 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 629 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 630 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 631 810.06 3rd Burglary; possession of tools. 632 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 633 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 634 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 635 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 636 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 637 817.568(2)(a) 3rd Fraudulent use of personal identification information. 638 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 639 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 640 837.02(1) 3rd Perjury in official proceedings. 641 837.021(1) 3rd Make contradictory statements in official proceedings. 642 838.022 3rd Official misconduct. 643 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 644 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services. 645 843.021 3rd Possession of a concealed handcuff key by a person in custody. 646 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 647 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 648 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 649 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang. 650 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). 651 914.14(2) 3rd Witnesses accepting bribes. 652 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 653 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 654 918.12 3rd Tampering with jurors. 655 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 656 (e) LEVEL 5 657 FloridaStatute FelonyDegree Description 658 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene. 659 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 660 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 661 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 662 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 663 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage. 664 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims. 665 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums. 666 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 667 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 668 790.01(2) 3rd Carrying a concealed firearm. 669 790.162 2nd Threat to throw or discharge destructive device. 670 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 671 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 672 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 673 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years. 674 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older. 675 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 676 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 677 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 678 812.019(1) 2nd Stolen property; dealing in or trafficking in. 679 812.131(2)(b) 3rd Robbery by sudden snatching. 680 812.16(2) 3rd Owning, operating, or conducting a chop shop. 681 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 682 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 683 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 684 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals. 685 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 686 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 687 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 688 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child. 689 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 690 843.01 3rd Resist officer with violence to person; resist arrest with violence. 691 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 692 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 693 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 694 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 695 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 696 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 697 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. 698 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 699 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. 700 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 701 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 702 Section 4. This act shall take effect October 1, 2012.