Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 360
Ì629836MÎ629836
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/06/2014 .
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(Clemens) recommended the following:
1 Senate Amendment to Amendment (879190) (with title
2 amendment)
3
4 Between lines 4 and 5
5 insert:
6 Section 1. Subsection (6) of section 893.13, Florida
7 Statutes, is amended to read:
8 893.13 Prohibited acts; penalties.—
9 (6)(a) It is unlawful for any person to be in actual or
10 constructive possession of a controlled substance unless such
11 controlled substance was lawfully obtained from a practitioner
12 or pursuant to a valid prescription or order of a practitioner
13 while acting in the course of his or her professional practice
14 or to be in actual or constructive possession of a controlled
15 substance except as otherwise authorized by this chapter. Any
16 person who violates this provision commits a felony of the third
17 degree, punishable as provided in s. 775.082, s. 775.083, or s.
18 775.084.
19 (b) If the offense is the possession of more than 14 grams,
20 but not more than 30 not more than 20 grams, of cannabis, as
21 defined in this chapter, or 3 grams or less of a controlled
22 substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
23 159., or 166.-169., the person commits a misdemeanor of the
24 first degree, punishable as provided in s. 775.082 or s.
25 775.083. If the offense is possession of 14 grams or less of
26 cannabis, as defined in this chapter, the person commits a
27 misdemeanor of the second degree, punishable as provided in s.
28 775.083. For the purposes of this subsection, “cannabis” does
29 not include the resin extracted from the plants of the genus
30 Cannabis, or any compound manufacture, salt, derivative,
31 mixture, or preparation of such resin, and a controlled
32 substance described in s. 893.03(1)(c)46.-50., 114.-142., 151.
33 159., or 166.-169., does not include the substance in a powdered
34 form.
35 (c) Except as provided in this chapter, it is unlawful to
36 possess in excess of 10 grams of any substance named or
37 described in s. 893.03(1)(a) or (1)(b), or any combination
38 thereof, or any mixture containing any such substance. Any
39 person who violates this paragraph commits a felony of the first
40 degree, punishable as provided in s. 775.082, s. 775.083, or s.
41 775.084.
42 (d) Notwithstanding any provision to the contrary of the
43 laws of this state relating to arrest, a law enforcement officer
44 may arrest without warrant any person who the officer has
45 probable cause to believe is violating the provisions of this
46 chapter relating to possession of cannabis.
47
48 ================= T I T L E A M E N D M E N T ================
49 And the title is amended as follows:
50 Delete line 619
51 and insert:
52 violations; amending s. 893.13, F.S.; revising
53 penalties; providing that it is a first degree
54 misdemeanor to possess more than 14 grams, but not
55 more than 30 grams, of cannabis; providing that it is
56 a second degree misdemeanor, which is only punishable
57 by a fine, to possess 14 grams or less of cannabis;
58 amending s. 893.135, F.S.; providing that