State v. Collins

The state appeals from an order dismissing the information charging Timothy L. Collins with trafficking in oxycodone in violation of section 893.135(l)(c)l, Florida .Statutes (1993). Because the record fails to disclose the botanical origin of the oxycodone, we reverse and remand for an evidentiary proceeding.

Although oxycodone is nominally within the classification of controlled substances referred to in section 893.03, Florida Statutes (1993), as a Schedule II derivative of opium, it is not proscribed by section 893.135(l)(c)(l) if it is obtained from a non-opium producing poppy. State v.…