Effective Monday, November 9, 1998, Attorney General, Robert A. Butterworth's office has adopted an emergency administrative rule making gamma-hydroxybutyric acid (GHB) a controlled substance in Schedule II, subsection 893.03(2), Florida Statutes. This rule has been adopted to resolve concerns in the law enforcement community that the current statutory designation of GHB as "Gamma-hydroxybutyrate" in Schedule II is not technically correct and, therefore, GHB cases are at great risk of dismissal because of this deficiency in the nomenclature. Official notice of the adoption of this emergency rule, 2ER98-1, will be published in the November 20, 1998, Florida Administrative Law Weekly. In addition, this office is taking steps to adopt a regular administrative rule designating gamma-hydroxybutyric acid as a controlled substance in Schedule II. The text of the emergency rule is set forth below.
The legal effect of the emergency rule is that persons arrested after November 9, 1998, for any violation of Chapter 893, Florida Statutes, involving gamma-hydroxybutyric acid will be subject to the felony penalties provided for Schedule II drugs under section 893.13, Florida Statutes.
This office will assist law enforcement agencies with legal questions and issues arising from the adoption of the emergency rule. Please contact Deputy General Counsel Marty Moore at (850) 487-1963, SUNCOM 277-1963, for more information.
2ER98-1 Addition of gamma-hydroxybutyric acid (GHB) to Schedule II, subsection 89Z.03(2) (a), F.S.
(1) Under the authority of section 893.035, F.S., the substance gamma-hydroxybutyric acid, any salt, compound, derivative or preparation of gamma-hydroxybutyric acid, including any isomers, esters, ethers, and salts of isomers, esters and ethers of gamma-hydroxybutyric acid, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation, is hereby a controlled substance added to Schedule II, subsection 893.03(2)(a), F.S.
(2) All provisions of Chapter 893, F.S., applicable to controlled substances listed in Schedule II, subsection 893.03(2)(a), F.S., shall be applicable to gamma-hydroxybutyric acid, any salt, compound, derivative or preparation of gamma-hydroxybutyric acid, including any isomers, esters, ethers, and salts of isomers, esters and ethers of gamma hydroxybutyric acid, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation. Specific Authority 895.055, FS. Law Implemented 893.035, F.S.