893.031 Industrial exceptions to controlled substance scheduling.
730 words·~3 min read·
/fl/title-xlvi/chapter-893/893-031A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.