Florida Statutes
Chapter 893 - Drug Abuse Prevention and Control
893.08 - Exceptions.


(1) The following may be distributed at retail without a prescription, but only by a registered pharmacist:
(a) Any compound, mixture, or preparation described in Schedule V.
(b) Any compound, mixture, or preparation containing any depressant or stimulant substance described in s. 893.03(2)(a) or (c) except any amphetamine drug or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to this chapter; in s. 893.03(3)(a); or in Schedule IV, if:
1. The compound, mixture, or preparation contains one or more active medicinal ingredients not having depressant or stimulant effect on the central nervous system, and
2. Such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the controlled substances which do have a depressant or stimulant effect on the central nervous system.


(2) No compound, mixture, or preparation may be dispensed under subsection (1) unless such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold at retail without a prescription.
(3) The exemptions authorized by this section shall be subject to the following conditions:
(a) The compounds, mixtures, and preparations referred to in subsection (1) may be dispensed to persons under age 18 only on prescription. A bound volume must be maintained as a record of sale at retail of excepted compounds, mixtures, and preparations, and the pharmacist must require suitable identification from every unknown purchaser.
(b) Such compounds, mixtures, and preparations shall be sold by the pharmacist in good faith as a medicine and not for the purpose of evading the provisions of this chapter. The pharmacist may, in his or her discretion, withhold sale to any person whom the pharmacist reasonably believes is attempting to purchase excepted compounds, mixtures, or preparations for the purpose of abuse.
(c) The total quantity of controlled substance listed in Schedule V which may be sold to any one purchaser within a given 48-hour period shall not exceed 120 milligrams of codeine, 60 milligrams dihydrocodeine, 30 milligrams of ethyl morphine, or 240 milligrams of opium.
(d) Nothing in this section shall be construed to limit the kind and quantity of any controlled substance that may be prescribed, administered, or dispensed to any person, or for the use of any person or animal, when it is prescribed, administered, or dispensed in compliance with the general provisions of this chapter.

(4) The dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) shall not be deemed to be included in any schedule by reason of enactment of this chapter.
History.—s. 8, ch. 73-331; s. 1, ch. 77-174; s. 6, ch. 80-354; s. 4, ch. 89-281; s. 2, ch. 93-92; s. 1440, ch. 97-102; s. 105, ch. 97-264; s. 12, ch. 99-186.

Structure Florida Statutes

Florida Statutes

Title XLVI - Crimes

Chapter 893 - Drug Abuse Prevention and Control

893.01 - Short Title.

893.015 - Statutory References.

893.02 - Definitions.

893.03 - Standards and Schedules.

893.0301 - Death Resulting From Apparent Drug Overdose; Reporting Requirements.

893.031 - Industrial Exceptions to Controlled Substance Scheduling.

893.033 - Listed Chemicals.

893.035 - Control of New Substances; Findings of Fact; Delegation of Authority to Attorney General to Control Substances by Rule.

893.0355 - Control of Scheduled Substances; Delegation of Authority to Attorney General to Reschedule Substance, or Delete Substance, by Rule.

893.0356 - Control of New Substances; Findings of Fact; “Controlled Substance Analog” Defined.

893.04 - Pharmacist and Practitioner.

893.05 - Practitioners and Persons Administering Controlled Substances in Their Absence.

893.055 - Prescription Drug Monitoring Program.

893.0551 - Public Records Exemption for the Prescription Drug Monitoring Program.

893.06 - Distribution of Controlled Substances; Order Forms; Labeling and Packaging Requirements.

893.065 - Counterfeit-Resistant Prescription Blanks for Controlled Substances Listed in Schedule Ii, Schedule Iii, Schedule Iv, or Schedule V.

893.07 - Records.

893.08 - Exceptions.

893.09 - Enforcement.

893.10 - Burden of Proof; Photograph or Video Recording of Evidence.

893.101 - Legislative Findings and Intent.

893.105 - Testing and Destruction of Seized Substances.

893.11 - Suspension, Revocation, and Reinstatement of Business and Professional Licenses.

893.12 - Contraband; Seizure, Forfeiture, Sale.

893.13 - Prohibited Acts; Penalties.

893.135 - Trafficking; Mandatory Sentences; Suspension or Reduction of Sentences; Conspiracy to Engage in Trafficking.

893.1351 - Ownership, Lease, Rental, or Possession for Trafficking in or Manufacturing a Controlled Substance.

893.138 - Local Administrative Action to Abate Certain Activities Declared Public Nuisances.

893.145 - “Drug Paraphernalia” Defined.

893.146 - Determination of Paraphernalia.

893.147 - Use, Possession, Manufacture, Delivery, Transportation, Advertisement, or Retail Sale of Drug Paraphernalia, Specified Machines, and Materials.

893.149 - Unlawful Possession of Listed Chemical.

893.1495 - Retail Sale of Ephedrine and Related Compounds.

893.15 - Rehabilitation.

893.165 - County Alcohol and Other Drug Abuse Treatment or Education Trust Funds.

893.20 - Continuing Criminal Enterprise.

893.21 - Alcohol-Related or Drug-Related Overdoses; Medical Assistance; Immunity From Arrest, Charge, Prosecution, and Penalization.

893.30 - Controlled Substance Safety Education and Awareness.