reglab/housing_qa huggingface dataset:
FL Stat § 893.033 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.033 - Listed Chemicals.

893.033 Listed chemicals.—The chemicals listed in this section are included by whatever official, common, usual, chemical, or trade name designated.(1) PRECURSOR CHEMICALS.—The term “listed precursor chemical” means a chemical that may be used in manufacturing a controlled substance in violation of this chapter and is critical to the creation of the controlled substance, and such term includes any salt, optical isomer, or salt of an optical isomer, whenever the existence of such salt, optical isomer, or salt of optical isomer is possible within the specific chemical designation. The following are “listed precursor chemicals”:(a) Anthranilic acid.(b) Benzaldehyde.(c) Benzyl cyanide.(d) Chloroephedrine.(e) Chloropseudoephedrine.(f) Ephedrine.(g) Ergonovine.(h) Ergotamine.(i) Ergocristine.(j) Ethylamine.(k) Iodine tincture above 2.2 percent.(l) Isosafrole.(m) Methylamine.(n) 3, 4-Methylenedioxyphenyl-2-propanone.(o) N-Acetylanthranilic acid.(p) N-Ethylephedrine.(q) N-Ethylpseudoephedrine.(r) N-Methylephedrine.(s) N-Methylpseudoephedrine.(t) ANPP (4-Anilino-N-phenethyl-4-piperidine).(u) NPP (N-Phenethyl-4-piperidone).(v) Nitroethane.(w) Norpseudoephedrine.(x) Phenylacetic acid.(y) Phenylpropanolamine.(z) Piperidine.(aa) Piperonal.(bb) Propionic anhydride.(cc) Pseudoephedrine.(dd) Safrole.(2) ESSENTIAL CHEMICALS.—The term “listed essential chemical” means a chemical that may be used as a solvent, reagent, or catalyst in manufacturing a controlled substance in violation of this chapter. The following are “listed essential chemicals”:(a) Acetic anhydride.(b) Acetone.(c) Ammonium salts, including, but not limited to, nitrate, sulfate, phosphate, or chloride.(d) Anhydrous ammonia.(e) Benzoquinone.(f) Benzyl chloride.(g) 2-Butanone.(h) Ethyl ether.(i) Formic acid.(j) Hydrochloric acid.(k) Hydriodic acid.(l) Iodine.(m) Lithium.(n) Organic solvents, including, but not limited to, Coleman Fuel, camping fuel, ether, toluene, or lighter fluid.(o) Organic cosolvents, including, but not limited to, glycerol, propylene glycol, or polyethylene glycol.(p) Potassium dichromate.(q) Potassium permanganate.(r) Sodium.(s) Sodium dichromate.(t) Sodium borohydride.(u) Sodium cyanoborohydride.(v) Sodium hydroxide.(w) Sulfuric acid.History.—s. 2, ch. 91-279; s. 6, ch. 2001-57; s. 2, ch. 2003-15; s. 1, ch. 2005-128; s. 3, ch. 2016-105.
FL Stat § 893.05 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.05 - Practitioners and Persons Administering Controlled Substances in Their Absence.

893.05 Practitioners and persons administering controlled substances in their absence.—(1)(a) A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the controlled substance to be administered by a licensed nurse or an intern practitioner under his or her direction and supervision only.(b) Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s. 464.012(3), as applicable, a practitioner who supervises a licensed physician assistant or advanced practice registered nurse may authorize the licensed physician assistant or advanced practice registered nurse to order controlled substances for administration to a patient in a facility licensed under chapter 395 or part II of chapter 400.(c) A veterinarian may prescribe, administer, dispense, mix, or prepare a controlled substance for use on animals only, and may cause the controlled substance to be administered by an assistant or orderly under the veterinarian’s direction and supervision only.(d) A certified optometrist licensed under chapter 463 may not administer or prescribe a controlled substance listed in Schedule I or Schedule II of s. 893.03.(2) When any controlled substance is dispensed by a practitioner, there shall be affixed to the original container in which the controlled substance is delivered a label on which appears:(a) The date of delivery.(b) The directions for use of such controlled substance.(c) The name and address of such practitioner.(d) The name of the patient and, if such controlled substance is prescribed for an animal, a statement describing the species of the animal.(e) A clear, concise warning that it is a crime to transfer the controlled substance to any person other than the patient for whom prescribed.(3) Any person who obtains from a practitioner or the practitioner’s agent, or pursuant to prescription, any controlled substance for administration to a patient during the absence of such practitioner shall return to such practitioner any unused portion of such controlled substance when it is no longer required by the patient.History.—s. 5, ch. 73-331; s. 1437, ch. 97-102; s. 13, ch. 2013-26; s. 11, ch. 2015-34; s. 30, ch. 2016-105; s. 7, ch. 2016-145; s. 84, ch. 2018-106.
FL Stat § 893.06 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.06 - Distribution of Controlled Substances; Order Forms; Labeling and Packaging Requirements.

893.06 Distribution of controlled substances; order forms; labeling and packaging requirements.—(1) Controlled substances in Schedules I and II shall be distributed by a duly licensed manufacturer, distributor, or wholesaler to a duly licensed manufacturer, wholesaler, distributor, practitioner, pharmacy, as defined in chapter 465, hospital, or laboratory only pursuant to an order form. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with federal law respecting the use of order forms.(2) Possession or control of controlled substances obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty.(3) A person in charge of a hospital or laboratory or in the employ of this state or of any other state, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains controlled substances under the provisions of this section or otherwise, shall not administer, dispense, or otherwise use such controlled substances within this state, except within the scope of her or his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this chapter.(4) It shall be unlawful to distribute a controlled substance in a commercial container unless such container bears a label showing the name and address of the manufacturer, the quantity, kind, and form of controlled substance contained therein, and the identifying symbol for such substance, as required by federal law. No person except a pharmacist, for the purpose of dispensing a prescription, or a practitioner, for the purpose of dispensing a controlled substance to a patient, shall alter, deface, or remove any labels so affixed.History.—s. 6, ch. 73-331; s. 1438, ch. 97-102.
FL Stat § 893.065 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.065 - Counterfeit-Resistant Prescription Blanks for Controlled Substances Listed in Schedule Ii, Schedule Iii, Schedule Iv, or Schedule V.

893.065 Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V.—The Department of Health shall develop and adopt by rule the form and content for a counterfeit-resistant prescription blank which must be used by practitioners for the purpose of prescribing a controlled substance listed in Schedule II, Schedule III, Schedule IV, or Schedule V pursuant to s. 456.42. The Department of Health may require the prescription blanks to be printed on distinctive, watermarked paper and to bear the preprinted name, address, and category of professional licensure of the practitioner and that practitioner’s federal registry number for controlled substances. The prescription blanks may not be transferred.History.—s. 4, ch. 2007-156; s. 24, ch. 2011-141.
FL Stat § 893.08 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.08 - Exceptions.

893.08 Exceptions.—(1) The following may be distributed at retail without a prescription, but only by a registered pharmacist:(a) Any compound, mixture, or preparation described in Schedule V.(b) Any compound, mixture, or preparation containing any depressant or stimulant substance described in s. 893.03(2)(a) or (c) except any amphetamine drug or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to this chapter; in s. 893.03(3)(a); or in Schedule IV, if:1. The compound, mixture, or preparation contains one or more active medicinal ingredients not having depressant or stimulant effect on the central nervous system, and2. Such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the controlled substances which do have a depressant or stimulant effect on the central nervous system.(2) No compound, mixture, or preparation may be dispensed under subsection (1) unless such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold at retail without a prescription.(3) The exemptions authorized by this section shall be subject to the following conditions:(a) The compounds, mixtures, and preparations referred to in subsection (1) may be dispensed to persons under age 18 only on prescription. A bound volume must be maintained as a record of sale at retail of excepted compounds, mixtures, and preparations, and the pharmacist must require suitable identification from every unknown purchaser.(b) Such compounds, mixtures, and preparations shall be sold by the pharmacist in good faith as a medicine and not for the purpose of evading the provisions of this chapter. The pharmacist may, in his or her discretion, withhold sale to any person whom the pharmacist reasonably believes is attempting to purchase excepted compounds, mixtures, or preparations for the purpose of abuse.(c) The total quantity of controlled substance listed in Schedule V which may be sold to any one purchaser within a given 48-hour period shall not exceed 120 milligrams of codeine, 60 milligrams dihydrocodeine, 30 milligrams of ethyl morphine, or 240 milligrams of opium.(d) Nothing in this section shall be construed to limit the kind and quantity of any controlled substance that may be prescribed, administered, or dispensed to any person, or for the use of any person or animal, when it is prescribed, administered, or dispensed in compliance with the general provisions of this chapter.(4) The dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) shall not be deemed to be included in any schedule by reason of enactment of this chapter.History.—s. 8, ch. 73-331; s. 1, ch. 77-174; s. 6, ch. 80-354; s. 4, ch. 89-281; s. 2, ch. 93-92; s. 1440, ch. 97-102; s. 105, ch. 97-264; s. 12, ch. 99-186.
FL Stat § 893.09 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.09 - Enforcement.

893.09 Enforcement.—(1) The Department of Law Enforcement, all state agencies which regulate professions or institutions affected by the provisions of this chapter, and all peace officers of the state shall enforce all provisions of this chapter except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, this state, and all other states relating to controlled substances.(2) Any agency authorized to enforce this chapter shall have the right to institute an action in its own name to enjoin the violation of any of the provisions of this chapter. Said action for an injunction shall be in addition to any other action, proceeding, or remedy authorized by law.(3) All law enforcement officers whose duty it is to enforce this chapter shall have authority to administer oaths in connection with their official duties, and any person making a material false statement under oath before such law enforcement officers shall be deemed guilty of perjury and subject to the same punishment as prescribed for perjury.(4) It shall be unlawful and punishable as provided in chapter 843 for any person to interfere with any such law enforcement officer in the performance of the officer’s official duties. It shall also be unlawful for any person falsely to represent himself or herself to be authorized to enforce the drug abuse laws of this state, the United States, or any other state.(5) No civil or criminal liability shall be imposed by virtue of this chapter upon any person whose duty it is to enforce the provisions of this chapter, by reason of his or her being lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.History.—s. 9, ch. 73-331; s. 1, ch. 77-174; s. 30, ch. 79-8; s. 1441, ch. 97-102.
FL Stat § 893.10 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.10 - Burden of Proof; Photograph or Video Recording of Evidence.

893.10 Burden of proof; photograph or video recording of evidence.—(1) It is not necessary for the state to negative any exemption or exception set forth in this chapter in any indictment, information, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of going forward with the evidence with respect to any exemption or exception is upon the person claiming its benefit.(2) In the prosecution of an offense involving the manufacture of a controlled substance, a photograph or video recording of the manufacturing equipment used in committing the offense, including, but not limited to, grow lights, growing trays, and chemical fertilizers, may be introduced as competent evidence of the existence and use of the equipment and is admissible in the prosecution of the offense to the same extent as if the property were introduced as evidence.(3) After a law enforcement agency documents the manufacturing equipment by photography or video recording, the manufacturing equipment may be destroyed on site and left in disrepair. The law enforcement agency destroying the equipment is immune from civil liability for the destruction of the equipment. The destruction of the equipment must be recorded by the supervising law enforcement officer in the manner described in s. 893.12(1)(a), and records must be maintained for 24 months.History.—s. 10, ch. 73-331; s. 1442, ch. 97-102; s. 3, ch. 2008-184; s. 19, ch. 2010-117.
FL Stat § 893.101 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.101 - Legislative Findings and Intent.

893.101 Legislative findings and intent.—(1) The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla. 2002) and Chicone v. State, 684 So.2d 736 (Fla. 1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrary to legislative intent.(2) The Legislature finds that knowledge of the illicit nature of a controlled substance is not an element of any offense under this chapter. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter.(3) In those instances in which a defendant asserts the affirmative defense described in this section, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection.History.—s. 1, ch. 2002-258.
FL Stat § 893.105 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.105 - Testing and Destruction of Seized Substances.

893.105 Testing and destruction of seized substances.—(1) Any controlled substance or listed chemical seized as evidence may be sample tested and weighed by the seizing agency after the seizure. Any such sample and the analysis thereof shall be admissible into evidence in any civil or criminal action for the purpose of proving the nature, composition, and weight of the substance seized. In addition, the seizing agency may photograph or videotape, for use at trial, the controlled substance or listed chemical seized.(2) Controlled substances or listed chemicals that are not retained for sample testing as provided in subsection (1) may be destroyed pursuant to a court order issued in accordance with s. 893.12.History.—s. 1, ch. 82-88; s. 3, ch. 91-279.
FL Stat § 893.1351 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.1351 - Ownership, Lease, Rental, or Possession for Trafficking in or Manufacturing a Controlled Substance.

893.1351 Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.—(1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.History.—s. 1, ch. 91-118; s. 10, ch. 99-188; s. 22, ch. 2000-320; s. 1, ch. 2002-212; s. 14, ch. 2005-128; s. 2, ch. 2008-184; s. 43, ch. 2016-105; s. 125, ch. 2019-167.
FL Stat § 893.146 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.146 - Determination of Paraphernalia.

893.146 Determination of paraphernalia.—In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following:(1) Statements by an owner or by anyone in control of the object concerning its use.(2) The proximity of the object, in time and space, to a direct violation of this act.(3) The proximity of the object to controlled substances.(4) The existence of any residue of controlled substances on the object.(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.(6) Instructions, oral or written, provided with the object concerning its use.(7) Descriptive materials accompanying the object which explain or depict its use.(8) Any advertising concerning its use.(9) The manner in which the object is displayed for sale.(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products.(11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.(12) The existence and scope of legitimate uses for the object in the community.(13) Expert testimony concerning its use.History.—s. 2, ch. 80-30; s. 1445, ch. 97-102.
FL Stat § 893.149 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.149 - Unlawful Possession of Listed Chemical.

893.149 Unlawful possession of listed chemical.—(1) It is unlawful for any person to knowingly or intentionally:(a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;(b) Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance.(2) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(3) This section does not apply to a public employee or private contractor authorized to clean up or dispose of hazardous waste or toxic substances resulting from the prohibited activities listed in s. 893.13(1)(g).(4) Any damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or persons unlawfully possessing, storing, or tampering with the listed chemical. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the listed chemical, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor, or seller which constitute negligent misconduct or failure to abide by the laws regarding the possession or storage of a listed chemical.History.—s. 5, ch. 91-279; s. 3, ch. 2003-15; s. 4, ch. 2005-128; s. 35, ch. 2016-105.
FL Stat § 893.15 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.15 - Rehabilitation.

893.15 Rehabilitation.—Any person who violates s. 893.13(6)(a) or (b) relating to possession may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Families pursuant to the provisions of chapter 397, provided the director of such program approves the placement of the defendant in such program. Such required participation shall be imposed in addition to any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense.History.—s. 15, ch. 73-331; s. 46, ch. 91-110; s. 40, ch. 93-39; s. 3, ch. 94-107; s. 39, ch. 97-194; s. 304, ch. 99-8; s. 306, ch. 2014-19; s. 45, ch. 2016-105.