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Florida Statute 499.03 | Lawyer Caselaw & Research
F.S. 499.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 499.03

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 499
FLORIDA DRUG AND COSMETIC ACT
View Entire Chapter
F.S. 499.03
499.03 Possession of certain drugs without prescriptions unlawful; exemptions and exceptions.
(1) A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject to s. 499.003(32), or prescription drug as defined in s. 499.003(40), unless the possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug. However, this section does not apply to the delivery of such drugs to persons included in any of the classes named in this subsection, or to the agents or employees of such persons, for use in the usual course of their businesses or practices or in the performance of their official duties, as the case may be; nor does this section apply to the possession of such drugs by those persons or their agents or employees for such use:
(a) A licensed pharmacist or any person under the licensed pharmacist’s supervision while acting within the scope of the licensed pharmacist’s practice;
(b) A licensed practitioner authorized by law to prescribe prescription drugs or any person under the licensed practitioner’s supervision while acting within the scope of the licensed practitioner’s practice;
(c) A qualified person who uses prescription drugs for lawful research, teaching, or testing, and not for resale;
(d) A licensed hospital or other institution that procures such drugs for lawful administration or dispensing by practitioners;
(e) An officer or employee of a federal, state, or local government; or
(f) A person that holds a valid permit issued by the department pursuant to this part which authorizes that person to possess prescription drugs.
(2) The possession of a drug under subsection (1) by any person not exempted under this section, which drug is not properly labeled to indicate that possession is by a valid prescription of a practitioner licensed by law to prescribe such drug, is prima facie evidence that such possession is unlawful.
(3) Violation of subsection (1) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that possession with the intent to sell, dispense, or deliver is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) The department may adopt rules regarding persons engaged in lawful teaching, research, or testing who possess prescription drugs and may issue letters of exemption to facilitate the lawful possession of prescription drugs under this section.
History.s. 34, ch. 82-225; s. 1, ch. 83-265; s. 5, ch. 84-115; s. 75, ch. 87-243; ss. 30, 52, ch. 92-69; s. 37, ch. 98-151; s. 43, ch. 2000-242; s. 14, ch. 2000-326; s. 19, ch. 2001-63; s. 89, ch. 2004-5; s. 22, ch. 2008-207; s. 42, ch. 2010-161; s. 11, ch. 2016-212.

F.S. 499.03 on Google Scholar

F.S. 499.03 on Casetext

Amendments to 499.03


Arrestable Offenses / Crimes under Fla. Stat. 499.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

S499.03 1 - DRUGS-HEALTH OR SAFETY - POSS HARMFUL NEW LEGEND DRUG WO PRESCRIPTION - M: S
S499.03 3 - DRUGS-HEALTH OR SAFETY - POSS WIT SELL LEGEND DRUG WO PRESCRIPTION - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 272 So. 3d 243 (Fla. 2019)

. . . CONTROLLED SUBSTANCE WAS LAWFULLY OBTAINED FROM A PRACTITIONER OR PURSUANT TO A VALID PRESCRIPTION §§ 499.03 . . . Stats. 893.10(1), 893.13(6)(a), and 499.03(1) are silent, however, as to the burden of persuasion for . . .

STATE v. VINCI,, 146 So. 3d 1255 (Fla. Dist. Ct. App. 2014)

. . . See §§ 499.03(1), 893.13(6)(a), Fla. Stat. (2012); O’Hara v. . . . Section 499.03(2) further provides that “possession of a drug under subsection (1) by any person not . . . The Smith case did not mention section 499.03(2). . . . The Deaton case also did not mention section 499.03(2). . . . Based on section 499.03(2) and the facts relied upon by the trial court, we determine that the trial . . .

DAY, v. STATE, 119 So. 3d 485 (Fla. Dist. Ct. App. 2013)

. . . trial by the trial court’s failure to instruct the jury on the “prescription defense” under sections 499.03 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 141 So. 3d 132 (Fla. 2013)

. . . CONTROLLED SUBSTANCE WAS LAWFULLY OBTAINED FROM A PRACTITIONER OR PURSUANT TO A VALID PRESCRIPTION §§ 499.03 . . .

FILPPULA, v. STATE, 106 So. 3d 45 (Fla. Dist. Ct. App. 2013)

. . . following crimes: (1) possession of a prescription drug without a prescription in violation of section 499.03 . . .

GONZALEZ, v. STATE, 84 So. 3d 362 (Fla. Dist. Ct. App. 2012)

. . . Section 499.03(1), Florida Statutes (2009), provides in part: A person may not possess, or possess with . . .

WAGNER, II, v. STATE, 88 So. 3d 250 (Fla. Dist. Ct. App. 2012)

. . . )(a)8., Knipp did not possess a valid prescription as a matter of law: [NJothing in either sections 499.03 . . .

KNIPP, v. STATE v. STATE, 67 So. 3d 376 (Fla. Dist. Ct. App. 2011)

. . . violation of the doctor shopping statute, they are invalid and not within the exception of section 499.03 . . . See § 499.03, Florida Statutes (2008). . . . also known as the “doctor shopping” statute, vitiates the valid prescription defense found in section 499.03 . . . We reject this argument because nothing in either sections 499.03(2) or 893.13(7)(a)8., Florida Statutes . . . The Legislature may well want to consider amending section 499.03 or 893.13(7)(a)8. to address this issue . . .

AYOTTE, v. STATE, 67 So. 3d 330 (Fla. Dist. Ct. App. 2011)

. . . Sections 499.03 and 893.13(6), Florida Statutes, each provide exceptions to the prohibition on possession . . .

PENNINGTON, v. STATE, 34 So. 3d 151 (Fla. Dist. Ct. App. 2010)

. . . . §§ 499.03(3), 775.082(4)(b), Fla. Stat. (2005). . . . .

O HARA, v. STATE, 964 So. 2d 839 (Fla. Dist. Ct. App. 2007)

. . . O’Hara contends that section 499.03(1), Florida Statutes (2004), and section 893.13(6) each provide a . . . Section 499.03 is part of the chapter addressing Drug, Cosmetic, and Household Products. . . . . § 499.03(1) (emphasis supplied). . . . We begin with section 499.03. . . . Therefore, hydrocodone is a “legend drug” for purposes of section 499.03(1). . . .

R. WITMER, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 631 So. 2d 338 (Fla. Dist. Ct. App. 1994)

. . . United States and that it is an illegal substance under 1992 Fla.Laws ch. 69 (reenacted as section 499.03 . . .

WRIGHT, v. STATE, 617 So. 2d 857 (Fla. Dist. Ct. App. 1993)

. . . appropriate charge would be possession of a medicinal drug without a prescription, pursuant to section 499.03 . . .

SCULLY v. FOSTER- WHEELER CORPORATION, 178 F.2d 170 (7th Cir. 1949)

. . . 47 .......................... 4,093.99 10% Commission received by The Cook Company ................. 499.03 . . .