Fla. Stat. § 893.031 — Florida Code / Title XLVI / Chapter 893 / Section 893.031
893.031 Industrial exceptions to controlled substance scheduling.
Status: in_force

(1) For the purpose of this section, the following meanings of terms shall apply: (a) “Manufacture” means any process or operation necessary for manufacturing a product. (b) “Distribution” means any process or operation necessary for distributing a product, including, but not limited to, wholesaling, delivery or transport, and storage. (c) “Manufacturer of 1,4-Butanediol” means a person who is involved in the manufacture of 1,4-Butanediol for use in the manufacture of an industrial product and who provides that manufactured 1,4-Butanediol to a distributor of 1,4-Butanediol or a manufacturer of an industrial product. (d) “Distributor of 1,4-Butanediol” means a person who is involved in the distribution of 1,4-Butanediol. (e) “Manufacturer of gamma-butyrolactone (GBL)” means a person who: 1. Is involved in the manufacture of gamma-butyrolactone (GBL) for use in the manufacture of an industrial product and who provides that manufactured gamma-butyrolactone (GBL) to a distributor of gamma-butyrolactone (GBL) or a manufacturer of an industrial product; and 2. Is in compliance with any requirements to register with the United States Drug Enforcement Administration as a List I Chemical registrant. (f) “Distributor of gamma-butyrolactone (GBL)” means a person who: 1. Is involved in the distribution of gamma-butyrolactone (GBL); and 2. Is in compliance with any requirements to register with the United States Drug Enforcement Administration as a List I Chemical registrant. (g) “Manufacturer of an industrial product” means a person who is involved in the manufacture of an industrial product in which that person acquires: 1. 1,4-Butanediol from a manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol and who possesses that substance for use in the manufacture of an industrial product; or 2. Gamma-butyrolactone (GBL) from a manufacturer of gamma-butyrolactone (GBL) or a distributor of gamma-butyrolactone (GBL) and who possesses that substance for use in the manufacture of an industrial product. (h) “Distributor of an industrial product” means a person who is involved in the distribution of an industrial product. (i) “Industrial product” means a nondrug, noncontrolled finished product that is not for human consumption. (j) “Finished product” means a product: 1. That does not contain either 1,4-Butanediol or gamma-butyrolactone (GBL); or 2. From which neither 1,4-Butanediol nor gamma-butyrolactone (GBL) can be readily extracted or readily synthesized and which is not sold for human consumption.

(2) 1,4-Butanediol is excepted from scheduling pursuant to s. 893.03(1)(d)1. when that substance is in the possession of: (a) A manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol; (b) A manufacturer of an industrial product or a distributor of an industrial product; or (c) A person possessing a finished product.

(3) Gamma-butyrolactone (GBL) is excepted from scheduling pursuant to s. 893.03(1)(d)2. when that substance is in the possession of: (a) A manufacturer of gamma-butyrolactone (GBL) or a distributor of gamma-butyrolactone (GBL); (b) A manufacturer of an industrial product or a distributor of an industrial product; or (c) A person possessing a finished product.

(4) This section does not apply to: (a) A manufacturer of 1,4-Butanediol or a distributor of 1,4-Butanediol who sells, delivers, or otherwise distributes that substance to a person who is not a distributor of 1,4-Butanediol or a manufacturer of an industrial product; (b) A manufacturer of gamma-butyrolactone (GBL) or a distributor of gamma-butyrolactone (GBL) who sells, delivers, or otherwise distributes that substance to a person who is not a distributor of gamma-butyrolactone (GBL) or a manufacturer of an industrial product; (c) A person who possesses 1,4-Butanediol but who is not a manufacturer of 1,4-Butanediol, a distributor of 1,4-Butanediol, a manufacturer of an industrial product, a distributor of an industrial product, or a person possessing a finished product as described in paragraph (2)(c) or paragraph (3)(c); (d) A person who possesses gamma-butyrolactone (GBL) but who is not a manufacturer of gamma-butyrolactone (GBL), a distributor of gamma-butyrolactone (GBL), a manufacturer of an industrial product, a distributor of an industrial product, or a person possessing a finished product as described in paragraph (2)(c) or paragraph (3)(c); (e) A person who extracts or synthesizes either 1,4-Butanediol or gamma-butyrolactone (GBL) from a finished product as described in subparagraph(1)(j)2. or a person who extracts or synthesizes 1,4-Butanediol or gamma-butyrolactone (GBL) from any product or material, unless such extraction or synthesis is authorized by law; or (f) A person whose possession of either 1,4-Butanediol or gamma-butyrolactone (GBL) is not in compliance with the requirements of this section or whose possession of either of those substances is not specifically authorized by law.

History: s. 1, ch. 2003-10.