Florida Law for Analog Drugs
Florida Statute Section 893.0356 is often called "Florida's Drug Analog Statute." Originally created in 1987, Florida's Drug Analog Statute is very similar to the federal Controlled Substance Analogue Enforcement Act under 21 U.S.C. § 802(32)(A).
The statute was created in Florida regulate new and emerging substances that are not yet included in one of the five schedules. Under the drug analog statute, it is a crime to possess certain types of new or emerging drugs that are substantially similar to those prohibited by statute.
Under Section 893.0356(5), Florida's Drug Analog Statute requires the controlled substance analog to be treated the same as the highest scheduled controlled substance in Section 893.03, F.S., of which it is an analog, for the purposes of determining criminal penalties.
Attorney for Drug Analog Crimes in Miami, FL
If you were charged with a drug crime involving a new or emerging substance that is not yet listed as a controlled substance under Florida law, then contact an experienced Miami drug crime attorney at Hubbs Law.
E.J. Hubbs is experienced in fighting complex drug cases throughout Miami-Dade County, FL. He understands the science behind the drug testing techniques used by the forensic crime labs in Florida and throughout Miami-Dade County. He knows how to use that knowledge to help you fight the charges.
Florida's Definition of a Controlled Substance Analog
Under Section 893.0356(2)(a), F.S., the term “controlled substance analog” is defined to mean:
- A substance that, due to its chemical structure and potential for abuse, is substantially similar to that of a controlled substance listed in Schedule I or Schedule II of s. 893.03, F.S.; and
- Either has or is represented to have a stimulant, depressant, or hallucinogenic effect 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.
The definition of a "controlled substance analog" under Florida's Drug Analog Statute specifies that the definition does not include:
- any controlled substance;
- any substance to which an investigation exemption applies under s. 505 of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 355, but only to the extent that conduct with respect to the substance is pursuant to such exemption (See Section 893.0356(20)(b), F.S.);
- any compound, mixture, or preparation that contains any controlled substance which is not for administration to a human being or animal, and which is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or
- any substance for which there is an approved new drug application.
This article was last updated on Friday, May 19, 2017.
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