12381000, 2ER12-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12381000

Notice of Emergency Rule

Department:

DEPARTMENT OF LEGAL AFFAIRS

Overview

RULE:

2ER12-1

Pentedrone (2-(methylamino)-1-phenyl-1-pentanone), Fluoroamphetamine, Fluoromethamphetamine, Methoxetamine, Methiopropamine, 4-Methylbuphedrone (2-Methylamino-1-(4-methylphenyl)butan-1-one), APB ((2-aminopropyl)benzofuran), APDB ((2-aminopropyl)-2,3-dihydrobenzofuran), UR-144 ((1-pentyl-1H-indol-3-yl)(2,2,3,3- tetramethylcyclopropyl)methanone, XLR11 ((1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone), (1-(5-chloropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone, AKB48 (1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide), AM-2233 ((2-iodophenyl)[1-[(1-methyl-2-piperidinyl)methyl]-1H-indol-3-yl]-methanone, STS-135 (1-(5-fluoropentyl)-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indole-3-carboxamide), URB-597 ((3'-(aminocarbonyl)[1,1'-biphenyl]-3-yl)-cyclohexylcarbamate), URB-602 ([1,1'-biphenyl]-3-yl-carbamic acid, cyclohexyl ester), URB-754 (6-methyl-2-[(4-methylphenyl)amino]-1-benzoxazin-4-one), 2C-D (2-(2,5-Dimethoxy-4-methylphenyl)ethanami

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

In written findings published on the date this emergency rule was filed with the Secretary of State’s Office, Attorney General Bondi has found that there is a need to immediately place the above-mentioned  psychoactive substances classifiable as Synthetic Cannabinoids, Cathinones, and Synthetic Phenethylamines under Schedule I, Subsection 893.03(1)(c), F.S., in order to curtail their abuse by Florida’s children, young adults, and others.   These substances are  ostensibly legal and often  perceived as a safer alternative to illegal drugs such as marijuana, MDMA (“ecstasy”), cocaine, and amphetamines.  In many cases, however, they are more dangerous.  Due to their chemical design, they are commonly available for purchase in specialty smoke shops, over the internet, in convenience stores and from other retailers, making them easily obtainable.   These circumstances present an immediate and imminent hazard to the public health, safety, and welfare which requires emergency action.   In addition the Attorney General has found that the above-mentioned compounds meet the statutory criteria for placement as a controlled substance in Schedule I, Subsection 893.03(1)(c), F.S.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The above-mentioned Synthetic Cannabinoids, Cathinones, and Synthetic Phenethylamines present an immediate and imminent hazard to the public health, safety, and welfare which requires emergency action.   The Attorney General will ask the Florida Legislature to memorialize this action through legislation in its 2013 legislative session.   The Attorney General will immediately begin rulemaking procedures if the Legislature fails to act.   A copy of the Attorney General’s findings in support of this emergency rule may be obtained by contacting the Office of the Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050;  (850)  245-0145.

SUMMARY:

Under the authority of Section 893.05, Florida Statutes, additional substances are being added to Schedule I, Subsection 893.03(1)(c), F.S.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Emery Gainey, Director, Law Enforcement Relations, Victim Services & Criminal Justice Programs, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050

PRINT PUBLISH DATE:

12/12/2012 Vol. 38/89

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=2ER12-1&PDate=12/12/2012&Section=4

REFERENCE MATERIALS:

No reference(s).

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