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 Lake County
 Code of Ordinances
 Chapter 3. COMMUNITY PROTECTION
 Article V. SYNTHETIC DRUGS

  § 3-53. Subsequent federal or state action.  

Latest version.

  • Pursuant to Chapter 893, Florida Statutes, it is unlawful for any person to sell substances named or described in the controlled substance schedules of said Chapter, and the State, the Department of Law Enforcement, and all peace officers of the State shall enforce said provisions. In recognition that Florida law preempts local government regulation of such controlled substances, the following limitations are placed on the prohibitions and restrictions contained in this Article:

    (a)

    In the event that the United States Congress or a federal agency amends federal law to include a particular substance or otherwise enacts or amends a federal law providing for criminal penalties for the prohibitions of substances set forth in this Article, then upon the effective date of such enactment or amendment, the provisions of this Article addressed by federal law shall no longer be effective. Any violations of this Article committed prior to Congress or a federal agency enacting such federal law may be prosecuted.

    (b)

    In the event that the Florida Legislature amends the controlled substance schedules in Section 893.03, Florida Statutes, to include a particular substance or otherwise enacts or amends a state statute providing for criminal penalties for the prohibitions of substances set forth in this Article, then upon the effective date of such enactment or amendment, the provisions of this Article addressed by the state statute shall no longer be effective. Any violations of this Article committed prior to the Florida Legislature enacting such statute may be prosecuted.

    (c)

    In the event that the Florida Attorney General, pursuant to the rulemaking authority provided in Section 893.035, Florida Statutes, adds any substance regulated hereunder to the controlled substance schedules in Section 893.03, Florida Statutes, then upon the effective date of such rule, the provisions of this Article addressed by the rule shall no longer be effective. Any violations of this Article committed prior to the Florida Attorney General promulgating such rules may be prosecuted.

(Ord. No. 2014-16, § 2, 4-22-14)