SB325: Bill Text

SB325,18,18 2. Methylenedioxypyrovalerone, commonly known as MDPV.

SB325,18,19 3. 4-methylmethcathinone, commonly known as mephedrone or 4-MMC.

SB325,18,20 4. 4-methylethcathinone, commonly known as 4-MEC.

SB325,18,21 5. 4-methoxy-alpha-pyrrolidinopropiophenone, commonly known as MOPPP.

SB325,18,23 6. 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone, commonly known as MDPPP.

SB325,18,24 7. Alpha-pyrrolidinovalerophenone, commonly known as alpha-PVP.

SB325,18,25 8. 2-fluoromethcathinone, commonly known as 2-FMC.

SB325,19,1 9. 3-fluoromethcathinone, commonly known as 3-FMC.

SB325,19,2 10. 4-fluoromethcathinone, commonly known as 4-FMC or flephedrone.

SB325,19,4 11. 3,4-methylenedioxymethcathinone, commonly known as methylone or bk-MDMA.

SB325,19,5 12. Naphthylpyrovalerone, commonly known as naphyrone.

SB325,19,6 13. 4-methyl-alpha-pyrrolidinobutiophenone, commonly known as MPBP.

SB325,19,7 14. 4-methoxymethcathinone, commonly known as methedrone or bk-PMMA.

SB325,19,8 15. Ethcathinone.

SB325,19,10 16. 3,4-methylenedioxyethcathinone, commonly known as ethylone or bk-MDEA.

SB325,19,12 17. beta-Keto-N-methylbenzodioxolylbutanamine, commonly known as butylone or bk-MBDB.

SB325,19,13 18. N,N-dimethylcathinone, commonly known as metamfepramone.

SB325,19,14 19. Alpha-pyrrolidinopropiophenone, commonly known as alpha-PPP.

SB325,19,15 20. 3-methoxymethcathinone, commonly known as 3-MMC.

SB325,19,16 21. 4-ethylmethcathinone, commonly known as 4-EMC.

SB325,19,17 22. 3,4-dimethylmethcathinone, commonly known as 3,4-DMMC.

SB325,19,19 23. beta-Keto-N-methylbenzodioxolylpentanamine, commonly known as pentylone or bk-MBDP.

SB325,19,21 24. beta-Keto-ethylbenzodioxolylbutanamine, commonly known as eutylone or bk-EBDB.

SB325,19,22 25. 4-bromomethcathinone, commonly known as 4-BMC.

SB325,19,24 26. Alpha-methylamino-butyrophenone, commonly known as buphedrone or MABP.

SB325,20,2 27. 3,4-methylenedioxy-alpha-pyrrolidinobutiophenone, commonly known as MDPBP.

SB325,20,3 28. 4-methyl-alpha-pyrrolidinohexiophenone, commonly known as MPHP.

SB325,20,4 29. N,N-dimethyl-3,4-methylenedioxycathinone.

SB325,20,5 30. N,N-diethyl-3,4-methylenedioxycathinone.

SB325,20,6 31. Alpha-methylamino-valerophenone, commonly known as pentedrone.

SB325,29 Section 29. 961.14 (7) (m) and (n) of the statutes are repealed.

SB325,30 Section 30. 961.14 (7) (mk) of the statutes is created to read:

SB325,20,9 961.14 (7) (mk) Mitragynine.

SB325,31 Section 31. 961.14 (7) (mL) of the statutes is created to read:

SB325,20,11 961.14 (7) (mL) 7-hydroxymitragynine.

SB325,32 Section 32. 961.14 (7) (mm) of the statutes is created to read:

SB325,20,14 961.14 (7) (mm) 5,6-methylenedioxy-2-aminoindane, commonly known as MDAI.

SB325,33 Section 33. 961.14 (7) (mn) of the statutes is created to read:

SB325,20,17 961.14 (7) (mn) Benzothiophenylcyclohexylpiperidine, commonly known as BTCP.

SB325,34 Section 34. 961.16 (3) (tb) of the statutes is created to read:

SB325,20,19 961.16 (3) (tb) Oripavine.

SB325,35 Section 35. 961.16 (3) (zt) of the statutes is created to read:

SB325,20,21 961.16 (3) (zt) Tapentadol.

SB325,36 Section 36. 961.16 (8) (b) of the statutes is created to read:

SB325,20,24 961.16 (8) (b) An immediate precursor to fentanyl, including 4-anilino-N-phenethyl-4-piperidine, commonly known as ANPP.

SB325,37 Section 37. 961.18 (7) (am) of the statutes is created to read:

SB325,21,1 961.18 (7) (am) 19-Nor-4,9(10)-androstadienedione;

SB325,38 Section 38. 961.18 (7) (az) of the statutes is created to read:

SB325,21,3 961.18 (7) (az) Boldione;

SB325,39 Section 39. 961.18 (7) (em) of the statutes is created to read:

SB325,21,5 961.18 (7) (em) Desoxymethyltestosterone;

SB325,40 Section 40. 961.20 (2) (ax) of the statutes is created to read:

SB325,21,7 961.20 (2) (ax) Carisoprodol;

SB325,41 Section 41. 961.20 (2) (q) of the statutes is created to read:

SB325,21,9 961.20 (2) (q) Zopiclone.

SB325,42 Section 42. 961.20 (4) (d) of the statutes is created to read:

SB325,21,11 961.20 (4) (d) Lorcaserin, including any of its isomers and salts of isomers.

SB325,43 Section 43. 961.22 (4) of the statutes is created to read:

SB325,21,13 961.22 (4) Ezogabine. Ezogabine or any of its salts, isomers, or salts of isomers.

SB325,44 Section 44. 961.22 (5) of the statutes is created to read:

SB325,21,16 961.22 (5) Pregabalin. Pregabalin or any of its salts, isomers, or salts of isomers.

SB325,45 Section 45. 961.41 (1) (e) (intro.) of the statutes is amended to read:

SB325,22,3 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, and 4-methylmethcathinone, N-benzylpiperazine, and a substance specified in s. 961.14 (7) (L). (intro.) If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, or 4-methylmethcathinone, N-benzylpiperazine, a substance specified in s. 961.14 (7) (L), or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, or 4-methylmethcathinone, N-benzylpiperazine, or a substance specified in s. 961.14 (7) (L), and the amount manufactured, distributed, or delivered is:

SB325,46 Section 46. 961.41 (1) (em) of the statutes is created to read:

SB325,22,8 961.41 (1) (em) Synthetic cannabinoids. If a person violates this subsection with respect to a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), and the amount manufactured, distributed, or delivered is:

SB325,22,9 1. Two hundred grams or less, the person is guilty of a Class I felony.

SB325,22,11 2. More than 200 grams but not more than 1,000 grams, the person is guilty of a Class H felony.

SB325,22,13 3. More than 1,000 grams but not more than 2,500 grams, the person is guilty of a Class G felony.

SB325,22,15 4. More than 2,500 grams but not more than 10,000 grams, the person is guilty of a Class F felony.

SB325,22,16 5. More than 10,000 grams, the person is guilty of a Class E felony.

SB325,47 Section 47. 961.41 (1) (hm) (intro.) of the statutes is amended to read:

SB325,23,3 961.41 (1) (hm) Certain other schedule I controlled substances and ketamine. (intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), or (u) to (xb), or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine, ketamine, or a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), or (u) to (xb), and the amount manufactured, distributed, or delivered is:

SB325,48 Section 48. 961.41 (1m) (e) (intro.) of the statutes is amended to read:

SB325,23,15 961.41 (1m) (e) Phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, and 4-methylmethcathinone, N-benzylpiperazine, and a substance specified in s. 961.14 (7) (L). (intro.) If a person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, or 4-methylmethcathinone, N-benzylpiperazine, a substance specified in s. 961.14 (7) (L), or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, or 4-methylmethcathinone, N-benzylpiperazine, or a substance specified in s. 961.14 (7) (L), and the amount possessed, with intent to manufacture, distribute, or deliver, is:

SB325,49 Section 49. 961.41 (1m) (em) of the statutes is created to read:

SB325,23,20 961.41 (1m) (em) Synthetic cannabinoids. If a person violates this subsection with respect to a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), and the amount possessed, with intent to manufacture, distribute, or deliver, is:

SB325,23,21 1. Two hundred grams or less, the person is guilty of a Class I felony.

SB325,23,23 2. More than 200 grams but not more than 1,000 grams, the person is guilty of a Class H felony.

SB325,23,25 3. More than 1,000 grams but not more than 2,500 grams, the person is guilty of a Class G felony.

SB325,24,2 4. More than 2,500 grams but not more than 10,000 grams, the person is guilty of a Class F felony.

SB325,24,3 5. More than 10,000 grams, the person is guilty of a Class E felony.

SB325,50 Section 50. 961.41 (1m) (hm) (intro.) of the statutes is amended to read:

SB325,24,16 961.41 (1m) (hm) Certain other schedule I controlled substances and ketamine. (intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), or (u) to (xb), or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine , ketamine, or a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), or (u) to (xb) is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:

SB325,51 Section 51. 961.41 (1r) of the statutes is amended to read:

SB325,25,3 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols, synthetic cannabinoids or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB325,52 Section 52. 961.41 (3g) (d) of the statutes is amended to read:

SB325,25,22 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, 4-methylmethcathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, methylenedioxypyrovalerone, 4-methylmethcathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

SB325,53 Section 53. 961.41 (3g) (em) of the statutes is amended to read:

SB325,26,9 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb) to (ty), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb) to (ty), the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.