Fla. Stat. 893.08
Exceptions


(1)

The following may be distributed at retail without a prescription, but only by a registered pharmacist:Any compound, mixture, or preparation described in Schedule V.Any compound, mixture, or preparation containing any depressant or stimulant substance described in s. 893.03(2)(a) or (c) except any amphetamine drug or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to this chapter; in s. 893.03(3)(a); or in Schedule IV, if:
The compound, mixture, or preparation contains one or more active medicinal ingredients not having depressant or stimulant effect on the central nervous system, and
Such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the controlled substances which do have a depressant or stimulant effect on the central nervous system.

(a)

Any compound, mixture, or preparation described in Schedule V.

(b)

Any compound, mixture, or preparation containing any depressant or stimulant substance described in s. 893.03(2)(a) or (c) except any amphetamine drug or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to this chapter; in s. 893.03(3)(a); or in Schedule IV, if:The compound, mixture, or preparation contains one or more active medicinal ingredients not having depressant or stimulant effect on the central nervous system, andSuch ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the controlled substances which do have a depressant or stimulant effect on the central nervous system.
1. The compound, mixture, or preparation contains one or more active medicinal ingredients not having depressant or stimulant effect on the central nervous system, and
2. Such ingredients are included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the controlled substances which do have a depressant or stimulant effect on the central nervous system.

(2)

No compound, mixture, or preparation may be dispensed under subsection (1) unless such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold at retail without a prescription.

(3)

The exemptions authorized by this section shall be subject to the following conditions:The compounds, mixtures, and preparations referred to in subsection (1) may be dispensed to persons under age 18 only on prescription. A bound volume must be maintained as a record of sale at retail of excepted compounds, mixtures, and preparations, and the pharmacist must require suitable identification from every unknown purchaser.Such compounds, mixtures, and preparations shall be sold by the pharmacist in good faith as a medicine and not for the purpose of evading the provisions of this chapter. The pharmacist may, in his or her discretion, withhold sale to any person whom the pharmacist reasonably believes is attempting to purchase excepted compounds, mixtures, or preparations for the purpose of abuse.The total quantity of controlled substance listed in Schedule V which may be sold to any one purchaser within a given 48-hour period shall not exceed 120 milligrams of codeine, 60 milligrams dihydrocodeine, 30 milligrams of ethyl morphine, or 240 milligrams of opium.Nothing in this section shall be construed to limit the kind and quantity of any controlled substance that may be prescribed, administered, or dispensed to any person, or for the use of any person or animal, when it is prescribed, administered, or dispensed in compliance with the general provisions of this chapter.

(a)

The compounds, mixtures, and preparations referred to in subsection (1) may be dispensed to persons under age 18 only on prescription. A bound volume must be maintained as a record of sale at retail of excepted compounds, mixtures, and preparations, and the pharmacist must require suitable identification from every unknown purchaser.

(b)

Such compounds, mixtures, and preparations shall be sold by the pharmacist in good faith as a medicine and not for the purpose of evading the provisions of this chapter. The pharmacist may, in his or her discretion, withhold sale to any person whom the pharmacist reasonably believes is attempting to purchase excepted compounds, mixtures, or preparations for the purpose of abuse.

(c)

The total quantity of controlled substance listed in Schedule V which may be sold to any one purchaser within a given 48-hour period shall not exceed 120 milligrams of codeine, 60 milligrams dihydrocodeine, 30 milligrams of ethyl morphine, or 240 milligrams of opium.

(d)

Nothing in this section shall be construed to limit the kind and quantity of any controlled substance that may be prescribed, administered, or dispensed to any person, or for the use of any person or animal, when it is prescribed, administered, or dispensed in compliance with the general provisions of this chapter.

(4)

The dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) shall not be deemed to be included in any schedule by reason of enactment of this chapter.

Source: Section 893.08 — Exceptions, https://www.­flsenate.­gov/Laws/Statutes/2024/0893.­08 (accessed Aug. 7, 2025).

893.01
Short title
893.02
Definitions
893.03
Standards and schedules
893.04
Pharmacist and practitioner
893.05
Practitioners and persons administering controlled substances in their absence
893.06
Distribution of controlled substances
893.07
Records
893.08
Exceptions
893.09
Enforcement
893.10
Burden of proof
893.11
Suspension, revocation, and reinstatement of business and professional licenses
893.12
Contraband
893.13
Prohibited acts
893.15
Rehabilitation
893.015
Statutory references
893.20
Continuing criminal enterprise
893.21
Alcohol-related or drug-related overdoses
893.30
Controlled substance safety education and awareness
893.031
Industrial exceptions to controlled substance scheduling
893.033
Listed chemicals
893.035
Control of new substances
893.055
Prescription drug monitoring program
893.065
Counterfeit-resistant prescription blanks for controlled substances listed in Schedule II, Schedule III, Schedule IV, or Schedule V
893.101
Legislative findings and intent
893.105
Testing and destruction of seized substances
893.131
Distribution of controlled substances resulting in overdose or serious bodily injury
893.132
Dangerous fentanyl exposure of first responder resulting in overdose or serious bodily injury
893.135
Trafficking
893.138
Local administrative action to abate certain activities declared public nuisances
893.145
“Drug paraphernalia” defined
893.146
Determination of paraphernalia
893.147
Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia, specified machines, and materials
893.149
Unlawful possession of listed chemical
893.165
County alcohol and other drug abuse treatment or education trust funds
893.0301
Death resulting from apparent drug overdose
893.0355
Control of scheduled substances
893.0356
Control of new substances
893.0551
Public records exemption for the prescription drug monitoring program
893.1351
Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance
893.1495
Retail sale of ephedrine and related compounds

Current through Fall 2025

§ 893.08. Exceptions's source at flsenate​.gov