Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 764
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/10/2015           .                                

       The Committee on Criminal Justice (Clemens) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (5) of
    6  section 893.03, Florida Statutes, is amended to read:
    7         893.03 Standards and schedules.—The substances enumerated
    8  in this section are controlled by this chapter. The controlled
    9  substances listed or to be listed in Schedules I, II, III, IV,
   10  and V are included by whatever official, common, usual,
   11  chemical, or trade name designated. The provisions of this
   12  section shall not be construed to include within any of the
   13  schedules contained in this section any excluded drugs listed
   14  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
   15  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
   16  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
   17  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
   18  Anabolic Steroid Products.”
   19         (5) SCHEDULE V.—A substance, compound, mixture, or
   20  preparation of a substance in Schedule V has a low potential for
   21  abuse relative to the substances in Schedule IV and has a
   22  currently accepted medical use in treatment in the United
   23  States, and abuse of such compound, mixture, or preparation may
   24  lead to limited physical or psychological dependence relative to
   25  the substances in Schedule IV.
   26         (a) Substances controlled in Schedule V include any
   27  compound, mixture, or preparation containing any of the
   28  following limited quantities of controlled substances, which
   29  shall include one or more active medicinal ingredients which are
   30  not controlled substances in sufficient proportion to confer
   31  upon the compound, mixture, or preparation valuable medicinal
   32  qualities other than those possessed by the controlled substance
   33  alone:
   34         1. Not more than 200 milligrams of codeine per 100
   35  milliliters or per 100 grams.
   36         2. Not more than 100 milligrams of dihydrocodeine per 100
   37  milliliters or per 100 grams.
   38         3. Not more than 100 milligrams of ethylmorphine per 100
   39  milliliters or per 100 grams.
   40         4. Not more than 2.5 milligrams of diphenoxylate and not
   41  less than 25 micrograms of atropine sulfate per dosage unit.
   42         5. Not more than 100 milligrams of opium per 100
   43  milliliters or per 100 grams.
   44         (b) Narcotic drugs. Unless specifically excepted or unless
   45  listed in another schedule, any material, compound, mixture, or
   46  preparation containing any of the following narcotic drugs and
   47  their salts: Buprenorphine.
   48         (c) Stimulants. Unless specifically excepted or unless
   49  listed in another schedule, any material, compound, mixture, or
   50  preparation which contains any quantity of the following
   51  substances having a stimulant effect on the central nervous
   52  system, including its salts, isomers, and salts of isomers:
   53  Pyrovalerone.
   54         (d) Kratom (Mitragyna speciosa).
   55         Section 2. Subsection (11) is added to section 893.13,
   56  Florida Statutes, to read:
   57         893.13 Prohibited acts; penalties.—
   58         (11) Notwithstanding any other provision of this section,
   59  only a person younger than 21 years of age who possesses, sells,
   60  manufactures, or delivers, or who possesses with intent to sell,
   61  manufacture, or deliver, kratom, which is specified as a
   62  Schedule V controlled substance in s. 893.03(5)(d), commits a
   63  violation of this section.
   64         Section 3. This act shall take effect October 1, 2015.
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete everything before the enacting clause
   68  and insert:
   69                        A bill to be entitled                      
   70         An act relating to controlled substances; amending s.
   71         893.03, F.S.; including kratom as a Schedule V
   72         controlled substance; amending s. 893.13, F.S.;
   73         prohibiting a person younger than 21 years of age from
   74         possessing a specified Schedule V controlled
   75         substance; providing an effective date.