Florida Senate - 2021 SB 1476
By Senator Brodeur
9-01009A-21 20211476__
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 893.03, F.S.; removing from Schedule V certain drug
4 products in finished dosage formulation which have
5 been approved by the United States Food and Drug
6 Administration; amending s. 893.02, F.S.; conforming a
7 provision to changes made by the act; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (d) of subsection (5) of section
13 893.03, Florida Statutes, is amended to read:
14 893.03 Standards and schedules.—The substances enumerated
15 in this section are controlled by this chapter. The controlled
16 substances listed or to be listed in Schedules I, II, III, IV,
17 and V are included by whatever official, common, usual,
18 chemical, trade name, or class designated. The provisions of
19 this section shall not be construed to include within any of the
20 schedules contained in this section any excluded drugs listed
21 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
22 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
23 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
24 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
25 Anabolic Steroid Products.”
26 (5) SCHEDULE V.—A substance, compound, mixture, or
27 preparation of a substance in Schedule V has a low potential for
28 abuse relative to the substances in Schedule IV and has a
29 currently accepted medical use in treatment in the United
30 States, and abuse of such compound, mixture, or preparation may
31 lead to limited physical or psychological dependence relative to
32 the substances in Schedule IV.
33 (d) A drug product in finished dosage formulation that has
34 been approved by the United States Food and Drug Administration
35 that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)
36 2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from
37 cannabis and no more than 0.1 percent (w/w) residual
38 tetrahydrocannabinols.
39 Section 2. Subsection (3) of section 893.02, Florida
40 Statutes, is amended to read:
41 893.02 Definitions.—The following words and phrases as used
42 in this chapter shall have the following meanings, unless the
43 context otherwise requires:
44 (3) “Cannabis” means all parts of any plant of the genus
45 Cannabis, whether growing or not; the seeds thereof; the resin
46 extracted from any part of the plant; and every compound,
47 manufacture, salt, derivative, mixture, or preparation of the
48 plant or its seeds or resin. The term does not include
49 “marijuana,” as defined in s. 381.986, if manufactured,
50 possessed, sold, purchased, delivered, distributed, or
51 dispensed, in conformance with s. 381.986. The term does not
52 include hemp as defined in s. 581.217 or industrial hemp as
53 defined in s. 1004.4473. The term does not include a drug
54 product described in s. 893.03(5)(d).
55 Section 3. This act shall take effect upon becoming a law.