FL Stat § 893.031 (2021)
2021 Florida Statutes|Title XLVI - Crimes|Chapter 893 - Drug Abuse Prevention and Control|893.031 - Industrial Exceptions to Controlled Substance Scheduling.

893.031 Industrial exceptions to controlled substance scheduling.—(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; and2. 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); and2. 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; or2. 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); or2. 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.