Bill Summary – FastDemocracy

The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)
                         Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL:             SB 700
INTRODUCER:       Senator Gruters
SUBJECT:          Controlled Substances
DATE:             January 12, 2024                REVISED:
           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Vaughan                            Stokes                                 CJ             Favorable
2.                                                                           JU
3.                                                                           RC
    I.    Summary:
          SB 700 amends s. 893.03, F.S., to except from the list of Schedule 1 controlled substances,
          xylazine animal drug products that are approved by the United States Food and Drug
          Administration (FDA) for certain purposes. The manufacture, importation, distribution,
          prescribing, or sale for human use is not subject to this exception.
          The term “xylazine” means the nonopioid tranquilizer methyl benzene compound frequently
          used in veterinary medicine as an emetic and sedative with analgesic and muscle relaxant
          properties.1
          The bill takes effect July 1, 2024.
    II.   Present Situation:
          Currently, s. 893.03(1)(c)37, F.S., lists xylazine as a Schedule I drug. A substance in Schedule I
          has a high potential for abuse and has no currently accepted medical use in treatment in the
          United States and in its use under medical supervision does not meet accepted safety standards.2
          Xylazine is also known as “tranq”3 and is a central nervous system depressant that can cause
          drowsiness, amnesia, slow breathing, low heart rate and blood pressure. Xylazine is FDA
          approved for use in animals as a sedative and pain reliever, it is not safe for use in humans and it
1
  15 U.S.C. 278u.
2
  Section 893.03(1), F.S.
3
  National Library of Medicine, Increasing presence of xylazine in heroin and/or fentanyl deaths, Philadelphia,
Pennsylvania, 2010–2019, Johnson J, Pizzicato L, Johnson C, Viner K., August 2021, available at Increasing presence of
xylazine in heroin and/or fentanyl deaths, Philadelphia, Pennsylvania, 2010-2019 - PubMed (nih.gov) (last visited
January 11, 2024).
BILL:   SB 700                                                                                                         Page 2
         is not known if the exposure can be reversed by naloxone.4 Research has shown xylazine is often
         added to illicit opioids, including fentanyl, and people report using xylazine-containing fentanyl
         to lengthen its euphoric effects.5
         Florida Controlled Substance Schedules
         Section 893.03, F.S., classifies controlled substances into five categories or classifications,
         known as schedules. The schedules regulate the manufacture, distribution, preparation, and
         dispensing of substances listed in the schedules. The most important factors in determining
         which schedule may apply to a substance are the “potential for abuse”6 of the substance and
         whether there is a currently accepted medical use for the substance. The controlled substance
         schedules are described as follows:
          Schedule I substances (s. 893.03(1), F.S.) have a high potential for abuse and no currently
             accepted medical use in treatment in the United States. Use of these substances under
             medical supervision does not meet accepted safety standards.
          Schedule II substances (s. 893.03(2), F.S.) have a high potential for abuse and a currently
             accepted but severely restricted medical use in treatment in the United States. Abuse of these
             substances may lead to severe psychological or physical dependence.
          Schedule III substances (s. 893.03(3), F.S.) have a potential for abuse less than the Schedule I
             and Schedule II substances and a currently accepted medical use in treatment in the United
             States. Abuse of these substances may lead to moderate or low physical dependence or high
             psychological dependence. Abuse of anabolic steroids may lead to physical damage.
          Schedule IV substances (s. 893.03(4), F.S.) have a low potential for abuse relative to
             Schedule III substances and a currently accepted medical use in treatment in the United
             States. Abuse of these substances may lead to limited physical or psychological dependence
             relative to Schedule III substances.
          Schedule V substances (s. 893.03(5), F.S.) have a low potential for abuse relative to Schedule
             IV substances and a currently accepted medical use in treatment in the United States. Abuse
             of these substances may lead to limited physical or psychological dependence relative to
             Schedule IV substances.
         Controlled Substance Analog
         A “controlled substance analog” is defined in s. 893.0356(2)(a), F.S., as a substance which, due
         to its chemical structure and potential for abuse, meets the following criteria:
          The substance is substantially similar to that of a controlled substance listed in Schedule I; or
          Schedule II of s. 893.03, F.S.; and
          The substance has a stimulant, depressant, or hallucinogenic effect on the central nervous
              system or is represented or intended to have a stimulant, depressant, or hallucinogenic effect
4
  U.S. Food and Drug Administration, FDA alerts health care professionals of risks to patients exposed to xylazine in illicit
drugs, November 8, 2022, available at https://www.fda.gov/drugs/drug-safety-and-availability/fda-alerts-health-care-
professionals-risks-patients-exposed-xylazine-illicit-drugs (last visited January 11, 2024).
5
  National Institute on Drug Abuse, Xylazine Research Topics, available at https://nida.nih.gov/research-topics/xylazine (last
visited on January 8, 2024).
6
  Section 893.035(3)(a), F.S., defines “potential for abuse” as a substance that has properties as a central nervous system
stimulant or depressant or a hallucinogen that create a substantial likelihood of the substance being: used in amounts that
create a hazard to the user’s health or the safety of the community; diverted from legal channels and distributed through
illegal channels; or taken on the user’s own initiative rather than on the basis of professional medical advice.
BILL:    SB 700                                                                                           Page 3
                on the central nervous system substantially similar to or greater than that of a controlled
                substance listed in Schedule I or Schedule II of s. 893.03, F.S.
           Controlled Substance Offenses Under ss. 893.13 and 893.135, F.S.
           Section 893.13, F.S., in part, punishes unlawful possession, sale, purchase, manufacture, and
           delivery of a controlled substance.7 The penalty for violating s. 893.13, F.S., generally depends
           on the act committed, the substance and quantity of the substance involved, and the location in
           which the violation occurred.
           Drug trafficking, which is punished in s. 893.135, F.S., consists of knowingly selling,
           purchasing, manufacturing, delivering, or bringing into this state (importation), or knowingly
           being in actual or constructive possession of, certain Schedule I or Schedule II controlled
           substances in a statutorily-specified quantity. The statute only applies to a limited number of
           such controlled substances, and the controlled substances involved in the trafficking must meet a
           specified weight or quantity threshold.
III.       Effect of Proposed Changes:
           The bill amends s. 893.03, F.S., to except from the list of Schedule 1 controlled substances
           xylazine animal drug products that are approved by the United States Food and Drug
           Administration and the use of which conforms to the approved application or is authorized under
           federal law. The manufacture, importation, distribution, prescribing, or sale of xylazine for
           human use is not subject to this exception.
           The bill takes effect July 1, 2024.
IV.        Constitutional Issues:
           A.        Municipality/County Mandates Restrictions:
                     None.
           B.        Public Records/Open Meetings Issues:
                     None.
           C.        Trust Funds Restrictions:
                     None.
           D.        State Tax or Fee Increases:
                     None.
7
    See e.g., s. 893.13(1)(a) and (b) and (6), F.S.
 BILL:   SB 700                                                                                                                         Page 4
          E.       Other Constitutional Issues:
                   None identified.
  V.      Fiscal Impact Statement:
          A.       Tax/Fee Issues:
                   None.
          B.       Private Sector Impact:
                   None.
          C.       Government Sector Impact:
                   The Legislature’s Office of Economic and Demographic Research (EDR) and the
                   Criminal Justice Impact Conference, which provides the final, official estimate of the
                   prison bed impact, if any, of legislation, has not yet reviewed the bill.
 VI.      Technical Deficiencies:
          None.
VII.      Related Issues:
          None.
VIII.     Statutes Affected:
          This bill substantially amends section 893.03 of the Florida Statutes.
 IX.      Additional Information:
          A.       Committee Substitute – Statement of Changes:
                   (Summarizing differences between the Committee Substitute and the prior version of the bill.)
                   None.
          B.       Amendments:
                   None.
           This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Statutes affected: 
S 700 Filed: 893.03