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