Florida Statutes
Fla. Stat. § 893.149 (2025)
Unlawful possession of listed chemical.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 893.149
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§893.149(1a)DRUGS-POSSESSLISTED CHEMICAL WIT MANUFACTURE CNTRL SUBS
§893.149(1b)DRUGS-POSSESSLISTED CHEMICAL FOR MANUFACTURE CNTRL SUBS
§893.149(1b)DRUGS-DELIV/DISTRDISTRIBUTE LISTED CHEMICAL FOR MANUFACTURE
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2011–2023 · leading case: Harris v. State, 71 So. 3d 756 (Fla. 2011).
Harris v. State, 71 So. 3d 756 (Fla. 2011). “At the hearing on the motion to suppress, the evidence established that on June 24, 2006, Liberty County Sheriff's Canine Officer William Wheetley and his drug-detection dog, Aldo, were on patrol.”
United States v. Christopher E. Miles, 75 F.4th 1213 (11th Cir. 2023). “” Fla. Stat. § 893.149 (1). Although the district court acknowl- edged that the relevant question under Shular is whether Section 893.”
Smith v. State, 125 So. 3d 359 (Fla. 1st DCA 2013). “, Florida Statutes (2012), and possession of precursor chemicals used to manufacture methamphetamine under section 893.149(1), Florida Statutes (2012).”
Scarborough v. State, 130 So. 3d 796 (Fla. 1st DCA 2014). “See § 893.149, Fla. Stat. (2010). *798 The only evidence regarding Mr.”
McCain v. State, 84 So. 3d 1284 (Fla. 1st DCA 2012). “In addition, under section 893.149(l)(a), it is unlawful “to knowingly or intentionally” possess a chemical listed in section 893.”
— 893.149(1) — 1 case
Smith v. State, 125 So. 3d 359 (Fla. 1st DCA 2013). “, Florida Statutes (2012), and possession of precursor chemicals used to manufacture methamphetamine under section 893.149(1), Florida Statutes (2012).”
— 893.149(1)(a) — 1 case
Harris v. State, 71 So. 3d 756 (Fla. 2011). “At the hearing on the motion to suppress, the evidence established that on June 24, 2006, Liberty County Sheriff's Canine Officer William Wheetley and his drug-detection dog, Aldo, were on patrol.”
— 893.149(l)(a) — 2 cases
Harris v. State, 71 So. 3d 756 (Fla. 2011). “At the hearing on the motion to suppress, the evidence established that on June 24, 2006, Liberty County Sheriff's Canine Officer William Wheetley and his drug-detection dog, Aldo, were on patrol.”
McCain v. State, 84 So. 3d 1284 (Fla. 1st DCA 2012). “In addition, under section 893.149(l)(a), it is unlawful “to knowingly or intentionally” possess a chemical listed in section 893.”
— 893.149(l)(b) — 1 case
McCain v. State, 84 So. 3d 1284 (Fla. 1st DCA 2012). “In addition, under section 893.149(l)(a), it is unlawful “to knowingly or intentionally” possess a chemical listed in section 893.”
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