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 has34been approved by the United States Food and Drug Administration35that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)362-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from37cannabis and no more than 0.1 percent (w/w) residual38tetrahydrocannabinols.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 drug54product described in s. 893.03(5)(d).55 Section 3. This act shall take effect upon becoming a law.