Florida Statutes

Fla. Stat. § 877.111 (2025)

Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties.

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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.

Arrestable Offenses under F.S. 877.111

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§877.111(1)CONTROLLED SUBSTANCEINHALE/INGEST OR POSS W/ INT HARMFUL CHEMICALSM · 2nd

§877.111(2)CONTROLLED SUBSTANCEPOSS/BUY/SELL/TRANSFER HARMFUL CHEMICALSM · 2nd

§877.111(4)CONTROLLED SUBSTANCESELL/DISTRIBUTE NITROUS OXIDE 16 GRAMS OR MOREF · 3rd

Notes of Decisions

Cited in 33 cases, 1984–2020 · leading case: In Re Stand. Jury Instructions in Crim. Cases—Report No. 2008-08, 6 So. 3d 574 (Fla. 2009).

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In Re Stand. Jury Instructions in Crim. Cases—Report No. 2008-08, 6 So. 3d 574 (Fla. 2009). · cites it 18× “§ 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by § 327.”

In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). · cites it 8× “§ 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment ” established by § 327.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016). · cites it 14× “§ 877.111(1), Fla. Stat. When.appropriate) give ■■■ one~or-&f-4he following- instmeUom on the -presumptions of impairment established-by Give if appropriate.”

Melbourne v. State, 679 So. 2d 759 (Fla. 1996). · cites it 2× “We order that reference to section 877.111, Florida Statutes (1991), be struck from the judgment.”

Jenkins v. WL Roberts, Inc., 851 So. 2d 781 (Fla. 1st DCA 2003). · cites it 3× “NOTES [1] Section 877.111, Florida Statutes, was amended effective July 1, 2000, two years after the death of Kelly Goddard, to require a seller of nitrous oxide for automotive enhancement to include sulphur additive to make the gas smell like rotten eggs.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). · cites it 10× “§ 877.111(1), Fla. Stat. (___________) is a chemical substance under Florida law.”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 2× “§ 877.111, Fla. Stat. (Chemical substance) is a chemical substance under Florida law.”

In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017). · cites it 4× “§ 877.111(1), Fla. Stat. (_) is a chemical substance under Florida law.”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). · cites it 2× “§ 877.111(1), Fla. Stat. § 316.1933, Fla.”

In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006). · cites it 2× “§ 877.111(1), Fla. Stat. (Specific substance alleged) is a chemical substance under Florida law.”

United States v. Erickson, 61 M.J. 230 (C.A.A.F. 2005). “Penal Code § 381b (West 1999); Fla. Stat. § 877.111 (West 2001); Ind.Code § 35-46-6-3 (2004).”

In Re Stand. Jury Instructions in Crim. Cases-instructions 7.8, 7.8(a), & 11.1-11.6(a), 190 So. 3d 1055 (Fla. 2016). · cites it 2× “- § 877.111(1), Fla. Stat. § 775.021(5), Fla.”

Show all 33 citing cases →

— 877.111(1) — 14 cases

In Re Stand. Jury Instructions in Crim. Cases—Report No. 2008-08, 6 So. 3d 574 (Fla. 2009). “§ 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by § 327.”

In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014). “§ 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment ” established by § 327.”

In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016). “§ 877.111(1), Fla. Stat. When.appropriate) give ■■■ one~or-&f-4he following- instmeUom on the -presumptions of impairment established-by Give if appropriate.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “§ 877.111(1), Fla. Stat. (___________) is a chemical substance under Florida law.”

In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017). “§ 877.111(1), Fla. Stat. (_) is a chemical substance under Florida law.”

— 877.111(2) — 1 case

Jenkins v. WL Roberts, Inc., 851 So. 2d 781 (Fla. 1st DCA 2003). “NOTES [1] Section 877.111, Florida Statutes, was amended effective July 1, 2000, two years after the death of Kelly Goddard, to require a seller of nitrous oxide for automotive enhancement to include sulphur additive to make the gas smell like rotten eggs.”

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