Florida Statute 877.111 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 877
MISCELLANEOUS CRIMES

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F.S. 877.111

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.

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Amendments to 877.111

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 877.111

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

S877.111 1 - DANGEROUS DRUGS - INHALE INGEST HARMFUL CHEMICALS - M: S

S877.111 2 - DANGEROUS DRUGS - POSS BUY SELL TRANSFER HARMFUL CHEMICALS - M: S

S877.111 4 - DANGEROUS DRUGS - UNLAWFUL DISTRB NITROUS OXIDE - F: T

Cases Citing Statute 877.111

Total Results: 31

Melbourne v. State

679 So. 2d 759, 1996 WL 498600

Supreme Court of Florida | Filed: Sep 5, 1996 | Docket: 1214832

Cited 231 times | Published

scrivener's error. We order that reference to section 877.111, Florida Statutes (1991), be struck from the

In Re Standard Jury Inst.-Criminal Cases

765 So. 2d 692, 2000 WL 329427

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 428972

Cited 41 times | Published

(_________) is a chemical substance under Florida law. F.S. 877.111(1). When appropriate, give one or more of the

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

any kind and description which contain alcohol. § 877.111, Fla. Stat. (Chemical substance) is a chemical

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876

Cited 34 times | Published

any kind and description which contain alcohol. § 877.111(1), Fla. Stat. (Specific substance alleged) (

Jenkins v. WL Roberts, Inc.

851 So. 2d 781, 2003 WL 21634315

District Court of Appeal of Florida | Filed: Jul 14, 2003 | Docket: 1313052

Cited 14 times | Published

physical or mental processes. (Emphasis added.) Section 877.111(2) made it unlawful for any person to possess

In Re Jury Inst. in Crim. Cases-No. 2006-1

946 So. 2d 1061, 2006 WL 3741064

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 1771263

Cited 11 times | Published

any kind and description which contain alcohol. § 877.111(1), Fla. Stat. (Specific substance alleged) is

Hope v. State

588 So. 2d 255, 1991 WL 200769

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 1708501

Cited 7 times | Published

beverage, or any chemical substance set forth in F.S. 877.111, or any substance controlled under Chapter 893

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

(_) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. § 316.1933, Fla. Stat. Serious

Rodriguez v. State

694 So. 2d 96, 1997 WL 268229

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1732808

Cited 3 times | Published

beverages, any chemical substance set forth in section 877.111, or any substance controlled under chapter

State v. Howard

510 So. 2d 612, 12 Fla. L. Weekly 1540

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 1589957

Cited 3 times | Published

beverages, any chemical substance set forth in § 877.111, or any substance controlled under chapter 893

State v. Neumann

567 So. 2d 950, 1990 WL 133803

District Court of Appeal of Florida | Filed: Sep 19, 1990 | Docket: 1380473

Cited 2 times | Published

beverages, and chemical substance set forth in § 877.111, or any substance controlled under chapter 893

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

and description which contain alcohol. § 877.111(1), Fla. Stat. (_) is a chemical substance

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

a chemical substance under Florida law. § 877.111(1), Fla. Stat. When.appropriate) give

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-INSTRUCTIONS 7.8, 7.8(A), and 11.1-11.6(A)

190 So. 3d 1055, 2016 WL 1460708

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710

Cited 1 times | Published

and description which contain alcohol. § -877.111(1), Fid. Stat. (____) is a chemical substance

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638

Published

controlled substance or a substance listed in § 877.111, Florida Statutes]. The Court instructs you that

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

controlled substance or a substance listed in § 877.111, Florida Statutes]. The Court instructs you that

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

and description which contain alcohol. § 877.111(1), Fla. Stat. (___________) is a

In Re: Standard Jury Instructions in Criminal Cases - Report 2017-04

Supreme Court of Florida | Filed: Nov 30, 2017 | Docket: 6233352

Published

controlled substance] [a substance described in § 877.111(1), Florida Statutes] into the human body.

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

(name of substance! is a substance listed in § 877.111, Florida Statutes. It includes, but is not

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171079

Published

a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give

In re Standard Jury Instructions in Criminal Cases—Report 2010-05

87 So. 3d 679, 2012 WL 399879

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308030

Published

(_) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or

In re Standard Jury Instructions in Criminal Cases-Report No. 2009-03

18 So. 3d 523, 34 Fla. L. Weekly Supp. 403, 2009 Fla. LEXIS 1024, 2009 WL 1956381

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 60252121

Published

) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or

Leveritt v. State

924 So. 2d 42, 2006 Fla. App. LEXIS 1580, 2006 WL 297654

District Court of Appeal of Florida | Filed: Feb 9, 2006 | Docket: 64843099

Published

beverages, or any chemical substances set for in Section 877.111, or a substance controlled under Chapter 893

Standard Jury Instructions in Criminal Cases (97-2)

723 So. 2d 123, 23 Fla. L. Weekly Supp. 407, 1998 Fla. LEXIS 1332, 1998 WL 394912

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 64785070

Published

kind and description which contain alcohol. F.S. 877.111(1) ( ) is a chemical substance under Florida

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

beverages, any chemical substance set forth in section 877.111, Florida Statutes, or any substance controlled

Leone v. State

590 So. 2d 29, 1991 Fla. App. LEXIS 11868, 1991 WL 248617

District Court of Appeal of Florida | Filed: Nov 29, 1991 | Docket: 64663495

Published

beverage, or any chemical substance set forth in F.S. 877.111, or any substance controlled under Chapter 893

State v. Kolacia

558 So. 2d 190, 1990 Fla. App. LEXIS 1787, 1990 WL 29580

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 64648799

Published

beverages, any chemical substance set forth in § 877.111, or any substance controlled under chapter 893

State v. Corley

558 So. 2d 187, 1990 Fla. App. LEXIS 1793, 1990 WL 29574

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 64648796

Published

beverages, any chemical substance set forth in § 877.111, or any substance controlled under chapter 893

Florida Bar

536 So. 2d 181, 1988 Fla. LEXIS 1471, 1988 WL 143332

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639474

Published

beverages, any chemical substance set forth in Section 877.111, Florida Statutes, or any substance controlled

Florida Bar Re Standard Jury Instructions—Criminal

508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Supreme Court of Florida | Filed: May 28, 1987 | Docket: 64628105

Published

mental and physical acts of our daily lives. F.S. 877.111(1) (_) is a chemical substance under Florida

In re Florida rules of Practice & Procedure for Traffic Courts

458 So. 2d 1112, 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608153

Published

model glue any chemical substance set forth in section 877.111, Florida Statutes, or any substance controlled