Fla. Stat. 499.033
Ephedrine; prescription required


(1)

Except as provided in subsection (2), any product that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine may be dispensed only upon the prescription of a duly licensed practitioner authorized by the laws of the state to prescribe prescription drugs.

(2)

A product containing ephedrine described in paragraphs (a)-(e) is exempt from subsection (1) if it may lawfully be sold over the counter without a prescription under the federal act; is labeled and marketed in a manner consistent with the pertinent United States Food and Drug Administration Over-the-Counter Tentative Final or Final Monograph; and is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse, when considered in the context with: the package sizes and the manner of packaging of the drug product; the name and labeling of the product; the manner of distribution, advertising, and promotion of the product; the duration, scope, health significance, and societal cost of abuse of the particular product; the need to provide medically important ephedrine-containing therapies to the public for United States Food and Drug Administration approved indications on an unrestricted, over-the-counter basis; and other facts as may be relevant to and consistent with public health and safety.Solid oral dosage forms that combine active ingredients in the following ranges for each dosage unit:
Theophylline (100-130mg), ephedrine (12.5-24mg).
Theophylline (60-100mg), ephedrine (12.5-24mg), guaifenesin (200-400mg).
Ephedrine (12.5-25mg), guaifenesin (200-400mg).
Phenobarbital (not greater than 8mg) in combination with the ingredients of subparagraph 1. or subparagraph 2.
Liquid oral dosage forms that combine active ingredients in the following ranges for each (5ml) dose:
Theophylline (not greater than 45mg), ephedrine (not greater than 36mg), guaifenesin (not greater than 100mg), phenobarbital (not greater than 12mg).
Phenylephrine (not greater than 5mg), ephedrine (not greater than 5mg), chlorpheniramine (not greater than 2mg), dextromethorphan (not greater than 10mg), ammonium chloride (not greater than 40mg), ipecac fluid extract (not greater than 0.005ml).
Anorectal preparations containing less than 5 percent ephedrine.Nasal decongestant compounds, mixtures, or preparations containing 0.5 percent or less ephedrine.Any drug product containing ephedrine that is marketed pursuant to an approved new drug application or legal equivalent under the federal act.

(a)

Solid oral dosage forms that combine active ingredients in the following ranges for each dosage unit:Theophylline (100-130mg), ephedrine (12.5-24mg).Theophylline (60-100mg), ephedrine (12.5-24mg), guaifenesin (200-400mg).Ephedrine (12.5-25mg), guaifenesin (200-400mg).Phenobarbital (not greater than 8mg) in combination with the ingredients of subparagraph 1. or subparagraph 2.
1. Theophylline (100-130mg), ephedrine (12.5-24mg).
2. Theophylline (60-100mg), ephedrine (12.5-24mg), guaifenesin (200-400mg).
3. Ephedrine (12.5-25mg), guaifenesin (200-400mg).
4. Phenobarbital (not greater than 8mg) in combination with the ingredients of subparagraph 1. or subparagraph 2.

(b)

Liquid oral dosage forms that combine active ingredients in the following ranges for each (5ml) dose:Theophylline (not greater than 45mg), ephedrine (not greater than 36mg), guaifenesin (not greater than 100mg), phenobarbital (not greater than 12mg).Phenylephrine (not greater than 5mg), ephedrine (not greater than 5mg), chlorpheniramine (not greater than 2mg), dextromethorphan (not greater than 10mg), ammonium chloride (not greater than 40mg), ipecac fluid extract (not greater than 0.005ml).
1. Theophylline (not greater than 45mg), ephedrine (not greater than 36mg), guaifenesin (not greater than 100mg), phenobarbital (not greater than 12mg).
2. Phenylephrine (not greater than 5mg), ephedrine (not greater than 5mg), chlorpheniramine (not greater than 2mg), dextromethorphan (not greater than 10mg), ammonium chloride (not greater than 40mg), ipecac fluid extract (not greater than 0.005ml).

(c)

Anorectal preparations containing less than 5 percent ephedrine.

(d)

Nasal decongestant compounds, mixtures, or preparations containing 0.5 percent or less ephedrine.

(e)

Any drug product containing ephedrine that is marketed pursuant to an approved new drug application or legal equivalent under the federal act.

(3)

The department may implement this section by rule.

Source: Section 499.033 — Ephedrine; prescription required, https://www.­flsenate.­gov/Laws/Statutes/2024/0499.­033 (accessed Aug. 7, 2025).

499.01
Permits
499.001
Florida Drug and Cosmetic Act
499.002
Purpose, administration, and enforcement of and exemption from this part
499.03
Possession of certain drugs without prescriptions unlawful
499.003
Definitions of terms used in this part
499.04
Fee authority
499.05
Rules
499.005
Prohibited acts
499.06
Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule
499.006
Adulterated drug or device
499.007
Misbranded drug or device
499.008
Adulterated cosmetics
499.009
Misbranded cosmetics
499.012
Permit application requirements
499.015
Registration of drugs and devices
499.023
New drugs
499.024
Drug product classification
499.025
Drug products in finished, solid, oral dosage form
499.026
Notification of manufacturer prescription drug price increases
499.028
Drug samples or complimentary drugs
499.029
Cancer Drug Donation Program
499.032
Phenylalanine
499.033
Ephedrine
499.035
Dimethyl sulfoxide (DMSO)
499.036
Restrictions on sale of dextromethorphan
499.039
Sale, distribution, or transfer of harmful chemical substances
499.041
Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates
499.051
Inspections and investigations
499.0051
Criminal acts
499.052
Records of interstate shipment
499.0054
Advertising and labeling of drugs, devices, and cosmetics
499.055
Reports and dissemination of information by department
499.057
Expenses and salaries
499.062
Seizure and condemnation of drugs, devices, or cosmetics
499.065
Inspections
499.066
Penalties
499.067
Denial, suspension, or revocation of permit, certification, or registration
499.0121
Storage and handling of prescription drugs
499.0285
International Prescription Drug Importation Program
499.0295
Experimental treatments for terminal conditions
499.0661
Cease and desist orders
499.01201
Agency for Health Care Administration review and use of statute and rule violation or compliance data
499.01211
Drug Wholesale Distributor Advisory Council
499.02851
Federal arrangement to operate a pilot program for importing prescription drugs

Current through Fall 2025

§ 499.033. Ephedrine; prescription required's source at flsenate​.gov