Florida Statutes
Chapter 877 - Miscellaneous Crimes
877.111 - Inhalation, Ingestion, Possession, Sale, Purchase, or Transfer of Harmful Chemical Substances; Penalties.


(1) It is unlawful for any person to inhale or ingest, or to possess with intent to breathe, inhale, or drink, any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, ethylene glycol monomethyl ether acetate, cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any similar substance for the purpose of inducing a condition of intoxication or which distorts or disturbs the auditory, visual, or mental processes. This section does not apply to the possession and use of these substances as part of the care or treatment of a disease or injury by a practitioner licensed under chapter 458, chapter 459, part I of chapter 464, or chapter 466 or to beverages controlled by the provisions of chapter 561, chapter 562, chapter 563, chapter 564, or chapter 565.
(2) It is unlawful for any person to possess, buy, sell, or otherwise transfer any chemical substance specified in subsection (1) for the purpose of inducing or aiding any other person to violate the provisions of subsection (1).
(3) Except as provided in subsection (4) with respect to nitrous oxide, any person who violates subsection (1) or subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any person who knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide commits a felony of the third degree which shall be known as unlawful distribution of nitrous oxide, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, in addition to proving by any other means that nitrous oxide was knowingly possessed, distributed, sold, purchased, or transferred, proof that any person discharged, or aided another in discharging, nitrous oxide to inflate a balloon or any other object suitable for subsequent inhalation creates an inference of the person’s knowledge that the nitrous oxide’s use was for an unlawful purpose. This subsection does not apply to the possession and use of nitrous oxide as part of the care and treatment of a disease or injury by a practitioner licensed under chapter 458, chapter 459, chapter 464, chapter 466, or chapter 474; as a food processing propellant; as a semiconductor oxidizer; as an analytical chemistry oxidizer in atomic absorption spectrometry; in the production of chemicals used to inflate airbags; as an oxidizer for chemical production, combustion, or jet propulsion; or as a motor vehicle induction additive when mixed with sulphur dioxide.
(5) Any person who violates any of the provisions of this section may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Families pursuant to the provisions of chapter 397, provided the director of the program approves the placement of the defendant in the program. Such required participation may be imposed in addition to, or in lieu of, any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense.
History.—s. 1, ch. 83-187; s. 39, ch. 93-39; s. 299, ch. 99-8; s. 1, ch. 2000-116; s. 146, ch. 2000-318; s. 4, ch. 2001-57; s. 304, ch. 2014-19.

Structure Florida Statutes

Florida Statutes

Title XLVI - Crimes

Chapter 877 - Miscellaneous Crimes

877.01 - Instigation of Litigation; Penalty.

877.02 - Solicitation of Legal Services or Retainers Therefor; Penalty.

877.03 - Breach of the Peace; Disorderly Conduct.

877.05 - Killing Young Veal for Sale; Penalty; Exception.

877.06 - Labeling of Beef Not Slaughtered According to State or United States Standards; Enforcement; Penalty.

877.061 - Marketing Establishments; Maintenance of Scales.

877.08 - Coin-Operated Vending Machines and Parking Meters; Defined; Prohibited Acts, Penalties.

877.09 - Tampering With or Damaging Sewer Systems.

877.10 - Real Property; Dual Contracts Prohibited.

877.101 - Escrow Business by Unauthorized Persons; Use of Name.

877.111 - Inhalation, Ingestion, Possession, Sale, Purchase, or Transfer of Harmful Chemical Substances; Penalties.

877.13 - Educational Institutions or School Boards; Penalty for Disruption.

877.14 - Merchandising of Dogs; Required Records; Penalty for Violation.

877.15 - Failure to Control or Report Dangerous Fire.

877.155 - Report of Initial Treatment of Burn Injuries; Penalty for Failure to Report.

877.16 - Exhibition of Deformed Animals Prohibited; Penalty.

877.17 - Works to Be Submitted by Students Without Substantial Alteration.

877.18 - Identification Card or Document Purporting to Contain Applicant’s Age or Date of Birth; Penalties for Failure to Comply With Requirements for Sale or Issuance.

877.19 - Hate Crimes Reporting Act.

877.20 - Local Juvenile Curfew Ordinances; Legislative Intent.

877.21 - Definitions; Ss. 877.20-877.25.

877.22 - Minors Prohibited in Public Places and Establishments During Certain Hours; Penalty; Procedure.

877.23 - Legal Duty of Parent; Penalty.

877.24 - Nonapplication of S. 877.22.

877.25 - Local Ordinance Required; Effect.

877.26 - Direct Observation, Videotaping, or Visual Surveillance of Customers in Merchant’s Dressing Room, etc., Prohibited; Penalties.

877.27 - Unauthorized Transmissions To, or Interference With, a Public or Commercial Radio Station Licensed by the Federal Communications Commission Prohibited; Penalties.