Florida Statute 893.149 | Lawyer Caselaw & Research

The 2024 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.

F.S. 893.149 on Google Scholar

F.S. 893.149 on Casetext

Amendments to 893.149

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

Annotations, Discussions, Cases:

Cases Citing Statute 893.149

Total Results: 7

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-11

Citation: 175 So. 3d 900, 2015 Fla. App. LEXIS 13616, 2015 WL 5306179

Snippet: am*903munition at the time of his arrest. See §§ 790.23(1), 893.149(1), Fla. Stat. (2012); see also Sundin v. State

Scarborough v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-02-04

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

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

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-12

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

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

McCain v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-24

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

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

Harris v. State

Court: Supreme Court of Florida | Date Filed: 2011-09-22

Citation: 71 So. 3d 756, 2011 WL 1496470

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

Ingram v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-04-27

Citation: 928 So. 2d 423, 2006 WL 1095848

Snippet: second-degree felony in violation of sections 893.149 & 777.011, Florida Statutes (2004); and one count

Standard Jury Instructions

Court: Supreme Court of Florida | Date Filed: 1998-07-16

Citation: 723 So. 2d 123

Snippet: None of drug paraphernalia 893.149 Unlawful possession, None