Florida Statute 893.149 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

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F.S. 893.149

893.149 Unlawful possession of listed chemical.—

(1) It is unlawful for any person to knowingly or intentionally:

(a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance;

(b) Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance.

(2) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to a public employee or private contractor authorized to clean up or dispose of hazardous waste or toxic substances resulting from the prohibited activities listed in s. 893.13(1)(g).

(4) Any damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or persons unlawfully possessing, storing, or tampering with the listed chemical. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the listed chemical, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor, or seller which constitute negligent misconduct or failure to abide by the laws regarding the possession or storage of a listed chemical.

History.—s. 5, ch. 91-279; s. 3, ch. 2003-15; s. 4, ch. 2005-128; s. 35, ch. 2016-105.

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Amendments to 893.149

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 893.149

Level: Degree
Misdemeanor/Felony: First/Second/Third

S893.149 1a - DRUGS-POSSESS - LISTED CHEMICAL WIT MANUFACTURE CNTRL SUBS - F: S

S893.149 1b - DRUGS-POSSESS - LISTED CHEMICAL FOR MANUFACTURE CNTRL SUBS - F: S

S893.149 1b - DRUGS-DELIV/DISTR - DISTRIBUTE LISTED CHEMICAL FOR MANUFACTURE - F: S

Cases Citing Statute 893.149

Total Results: 5

Harris v. State

71 So. 3d 756, 2011 WL 1496470

Supreme Court of Florida | Filed: Sep 22, 2011 | Docket: 2358606

Cited 15 times | Published

more commonly known as meth, in violation of section 893.149(l)(a), Florida Statutes (2006). Harris subsequently

Smith v. State

125 So. 3d 359, 2013 WL 5988609, 2013 Fla. App. LEXIS 17968

District Court of Appeal of Florida | Filed: Nov 12, 2013 | Docket: 60235859

Cited 1 times | Published

used to manufacture methamphetamine under section 893.149(1), Florida Statutes (2012). He claims the

United States v. Christopher E. Miles

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2023 | Docket: 65769144

Published

Argued: Nov 18, 2022

that a conviction under Florida Statutes § 893.149(1) for possessing a listed chemical with reasonable

Scarborough v. State

130 So. 3d 796, 2014 WL 444172, 2014 Fla. App. LEXIS 1369

District Court of Appeal of Florida | Filed: Feb 4, 2014 | Docket: 60237894

Published

insufficient to support the conviction under section 893.149, Florida Statutes (2010), for unlawful possession

McCain v. State

84 So. 3d 1284, 2012 WL 1398632, 2012 Fla. App. LEXIS 6308

District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60306668

Published

methamphetamine. The possession charge is a violation of section 893.149(l)(b), Florida Statutes (2010), and the manufacturing