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Florida Drug Prevention and Control Act by Derek Goldstein: ALR for Florida Criminal Possesion

Research Guide

Why Use Secondary Sources

Secondary Sources are very usefull to understand the general principles of a topic in a relatively quick manner. In addition it will also provide you with other sources and cases that are helpful.

Authorized persons in Possesion

Under an express provision of the Florida Comprehensive Drug Abuse Prevention and Control Act, certain of the statutory prohibitions relative to the possession or delivery of a controlled substance are not applicable to the delivery to, or actual or constructive possession for medical or scientific use or purpose only of controlled substances by, persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:
  • (1) pharmacists;
  • (2) practitioners;
  • (3) persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale;
  • (4) hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital;
  • (5) officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction;
  • (6) common carriers;
  • (7) manufacturers, wholesalers, and distributors; and
  • (8) law enforcement officers for bona fide law enforcement purposes in the course of an active criminal investigation.


16B Fla. Jur 2d Criminal Law—Substantive Principles/Offenses § 1362

ALR on types of Drug Possesion

This annotation collects the cases which consider whether LSD,1 DMT,2 or other chemically synthesized3 hallucinogenic or psychedelic4 drugs5 may be considered or classified, or properly have been classified, as a "narcotic" or "narcotic drug" for the purposes of a drug prosecution. Cases in which the issue is whether the particular drug involved is a drug "similar to LSD," or the like, within the meaning of a statute proscribing the use, possession, manufacture, or sale of such drugs, are not included.

50 A.L.R.3d 1284 (Originally published in 1973)

State law criminal liability of licensed physician for prescribing or dispensing drug or similar controlled substance

A license to practice medicine offers little protection to a physician charged with violating laws designed to restrict the flow of controlled substances. Physicians have been prosecuted, and convicted, for unlawfully possessing, prescribing, dispensing, selling, distributing, delivering, obtaining, administering and transporting controlled substances. In State v Young (1991, W Va) 406 SE2d 758, 13 ALR5th 899, a dentist's conviction for constructively delivering a controlled substance was upheld, the evidence showing that the defendant intentionally issued prescriptions for an illegitimate purpose, to satisfy the patient's desire for the drug. This annotation collects and discusses the cases involving the prosecution of a physician for unlawful conduct in regards to controlled substances, setting forth discussions of the constitutionality of the statutes involved, their applicability to physicians, determinations as to whether particular conduct constitutes the charged offense, and the sufficiency of the evidence in establishing particular violations.

13 A.L.R.5th 1 (Originally published in 1993)

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