Controlled Substance Regulations in Florida

What are the controlled substances schedules and how do they affect prescription medications in Florida?

The Controlled Substances Schedules are categories of controlled substances used to regulate how they can be prescribed, manufactured, and dispensed. The drugs are listed in five schedules, with Schedule I being the most restrictive and Schedule V being the least restrictive. Each drug has a corresponding schedule, depending on its potential for abuse, accepted medical use, and its safety.

In Florida, all Schedule I, II, III, IV, and V controlled substances must be prescribed by a licensed physician with a valid DEA registration number. These prescriptions must be written on special security paper and must be filled at a pharmacy that is registered with the Florida Department of Health. The prescribing physician must also keep detailed records of any prescriptions written and dispensed, including the patient’s name, the drug name and strength, the date written, the prescribing physician’s name and DEA number, and the pharmacy it was filled at. Physicians are also subject to various rules and regulations regarding the prescribing of controlled substances, such as not prescribing to someone who is intoxicated or not providing multiple prescriptions for controlled substances. Lastly, Florida has passed laws restricting the prescribing of opioids for acute pain, as well as doctor shopping laws that help prevent patients from obtaining multiple prescriptions from different doctors.

How do I dispose of expired or unused prescription medications in a safe and legal manner in Florida?

The best way to dispose of expired or unused prescription medications in a safe and legal manner in Florida is to use an authorized collection site. You can find an authorized collection site near you by using the DEA’s online locator tool. Collection sites may be pharmacies, law enforcement facilities, or other organizations that have been approved by the DEA to accept these medications for safe disposal. Many sites offer drive-through or mail-back options, as well as drop-off locations.

Are there restrictions on the prescription of opioid painkillers due to the opioid epidemic in Florida?

Yes, there are restrictions on the prescription of opioid painkillers in Florida due to the opioid epidemic. The restrictions include limits on the amount of opioids a doctor can prescribe, mandatory use of the prescription monitoring program, and a seven-day supply limit for opioid prescriptions for acute pain. In addition, doctors must use best practices for prescribing opioids and complete a two-hour training on proper prescribing of opioids.

What is the process for obtaining a prescription for medical marijuana in Florida?

In order to receive a prescription for medical marijuana in Florida, patients must first obtain a diagnosis from a qualified physician certifying their condition and recommending medical marijuana as a treatment. The patient then must register with the Florida Department of Health Medical Marijuana Use Registry, pay the associated fees, and receive a patient identification card. This card will allow patients to purchase medical marijuana from a dispensary.

Are there limitations on the quantity of prescription medications that can be dispensed in Florida?

Yes, there are limitations on the quantity of prescription medications that can be dispensed in Florida. The Florida Board of Pharmacy standard for a 30-day supply of a medication is no more than a 42-day supply of a medication, except when a longer supply has been prescribed by the prescriber or authorized by law.

Is there a prescription drug monitoring program (PDMP) to prevent prescription drug abuse in Florida?

Yes, the Prescription Drug Monitoring Program (PDMP) is in effect in Florida. The PDMP is a database designed to monitor a patient’s controlled substance prescriptions in order to identify potential misuse or diversion. It is a secure, web-based system that registers and records controlled substances dispensed by pharmacies to patients. Pharmacies, health care practitioners, and pharmacists are mandated to use the PDMP. The goal of the PDMP is to reduce prescription drug abuse and diversion by providing a statewide system for collecting, monitoring, and analyzing controlled substance prescription data.

Can I legally purchase syringes and needles for personal use without a prescription in Florida?

No, you cannot legally purchase syringes and needles for personal use without a prescription in Florida. According to Florida law, it is illegal to possess hypodermic needles or syringes without a valid prescription.

What are the penalties for possessing controlled substances without a valid prescription in Florida?

In Florida, the penalties for possession of a controlled substance without a valid prescription vary depending on the type of drug and the amount of the drug in question. Generally, such possession is a third-degree felony and can result in up to five years in prison and a maximum $5,000 fine.

Is there a Good Samaritan law that provides immunity to individuals who seek help for a drug overdose in Florida?

Yes, Florida has enacted a Good Samaritan law that provides immunity from prosecution for drug possession or drug paraphernalia charges to individuals who seek medical assistance for a drug overdose. Additionally, immunity from prosecution will be granted to the overdose victim when help is sought.

Do state laws allow for the sale of over-the-counter (OTC) pseudoephedrine products, and are there quantity restrictions in Florida?

Yes, Florida law does allow for the sale of OTC pseudoephedrine products, but with quantity restrictions. Under the Florida Statutes, retailers may only sell up to 3.6 grams per customer per day and no more than 9 grams per 30-day period. Retailers are also required to record any sales of such products and maintain them for at least two years.

Are there restrictions on the sale of certain cough syrups containing dextromethorphan (DXM) to prevent abuse in Florida?

Yes, there are restrictions on the sale of over-the-counter cough and cold medications containing dextromethorphan (DXM) in the state of Florida. In January 2017, the Florida legislature passed a law that requires retailers to keep cough and cold medications containing DXM behind the counter, or in a locked display cabinet with limited access. Customers must show proof of government-issued identification in order to purchase these products. The law also restricts retailers from selling more than 3 packages of DXM-containing products per customer in a single 24-hour period.

What are the regulations for methadone clinics and medication-assisted treatment (MAT) programs in Florida?

The regulations for methadone clinics and MAT programs in Florida are outlined in Florida Statute 397.

Specifically, the regulations require the following:

Methadone Clinics:
• Must be licensed by the Department of Children and Families (DCF).
• Must comply with all laws and regulations pertaining to the practice of medicine and the delivery of methadone treatment.
• Must ensure that all clients receive appropriate counseling and services to support their recovery.
• Must provide staff sufficient to meet the needs of clients in an appropriate amount of time.
• Must maintain records that meet all applicable requirements.
• Must provide treatment in accordance with accepted standards of practice.
• Must have appropriate personnel available for supervision, administration, and dispensing of methadone.
• Must have an approved plan to protect clients from overdose and other risks associated with the use of methadone.

Medication-Assisted Treatment Programs:
• Must be licensed by DCF in accordance with Florida Statute 394.
• Must comply with all laws and regulations pertaining to the practice of medicine and the delivery of MAT services.
• Must provide services to clients that are consistent with the evidence-based best practices for MAT, including appropriate counseling and support services to assist clients in their recovery process.
• Must maintain records that meet all applicable requirements.
• Must provide treatment in accordance with accepted standards of practice for MAT providers.
• Must provide appropriate personnel available for supervision, administration, and dispensing of medications used in MAT.
• Must have an approved plan to protect clients from overdose and other risks associated with the use of MAT medications.

Can I legally purchase or possess synthetic cannabinoids (spice or K2) in Florida?

No, synthetic cannabinoids, also known as Spice or K2, are illegal in the state of Florida. Possession, use, and sale of all forms of synthetic cannabinoids is a felony under Florida law.

What are the penalties for selling or trafficking illegal drugs in Florida?

The penalties for selling or trafficking illegal drugs in Florida are severe. Depending on the type of drug and the amount in possession, penalties may include imprisonment, massive fines, loss of driver’s license, and forfeiture of assets. Additionally, there are minimum mandatory sentences for certain drug offenses which means that even if a defendant is found guilty, the court must impose a sentence of a minimum period of confinement.

Are there laws that address drug testing in the workplace in Florida?

Yes, Florida has laws that address drug testing in the workplace. Under the Florida Drug-Free Workplace Act, employers can require their employees to submit to drug tests as a condition of employment or continued employment. Employers must inform their employees in writing that drug testing is a condition of employment and inform them of the consequences of a positive drug test result. Additionally, employers must provide employees with information about available substance abuse assistance programs and follow certain procedures for conducting drug tests.

Can I legally possess drug paraphernalia, such as pipes or bongs, for personal use in Florida?

No, you cannot legally possess drug paraphernalia for personal use in Florida. It is a third-degree felony to possess drug paraphernalia with the intent of using it to manufacture or use a controlled substance such as marijuana, cocaine, heroin, or methamphetamine.

Are there restrictions on the sale of prescription drugs through online pharmacies in Florida?

Yes, there are restrictions on the sale of prescription drugs through online pharmacies in Florida. The rules vary depending on the type of drug being purchased. For controlled substances, such as opioids, benzodiazepines, and stimulants, a valid prescription is required from a licensed health care provider in the state of Florida. The prescription must include the patient’s name, address, date of birth, medication name and strength, quantity, and directions for use. The prescription must also be from a licensed health care provider in the state of Florida who is authorized to prescribe the drug in question. In addition, online pharmacies must register with the Florida Department of Business and Professional Regulation.

Do state laws require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses in Florida?

No, state laws do not require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses in Florida. However, pharmacies can choose to dispense naloxone without a prescription under the state’s standing order. Additionally, since 2017, state law has allowed pharmacists to prescribe and dispense naloxone to prevent opioid overdoses.

What are the regulations for the storage and handling of controlled substances in healthcare facilities in Florida?

The storage and handling of controlled substances in healthcare facilities in Florida is regulated by the U.S. Drug Enforcement Administration (DEA) and the Florida Department of Health (DOH). DEA regulations require that all controlled substances must be stored in a locked location with limited access, and that any person accessing the controlled substances must be qualified and authorized to do so. DOH regulations further require that controlled substances be stored in accordance with DEA requirements, and that each healthcare facility must have a written policy and procedure for the selection, storage, security, use, control, and disposal of controlled substances. Additionally, all healthcare workers must complete mandatory education courses on the storage and handling of controlled substances.

Is there a process for individuals to report suspected illegal drug activity to law enforcement in Florida?

Yes, individuals can report suspected illegal drug activity to law enforcement in Florida. Reports can be made to local law enforcement agencies, such as the police department or sheriff’s office. Reports can also be made anonymously to Crime Stoppers of Florida (1-800-458-TIPS) or to the Florida Department of Law Enforcement (FDLE) via their website.