Florida criminal charge
Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties in Florida
Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 877.111. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 877.111.
What is the penalty for inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Inhalation/ingestion/possession of harmful chemical substances — Applies when a person violates subsection (1), i.e., inhales, ingests, or possesses with intent to inhale/ingest a specified chemical substance for intoxication purposes, unless it involves nitrous oxide covered by subsection (4).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Inhalation/ingestion/possession of harmful chemical substances — Applies when a person violates subsection (1), i.e., inhales, ingests, or possesses with intent to inhale/ingest a specified chemical substance for intoxication purposes, unless it involves nitrous oxide covered by subsection (4).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Possession/sale/purchase/transfer of harmful chemical substances to aid another's violation — Applies when a person violates subsection (2), i.e., possesses, buys, sells, or transfers a specified chemical substance to induce or aid another person's unlawful inhalation or ingestion, unless it involves nitrous oxide covered by subsection (4).; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Possession/sale/purchase/transfer of harmful chemical substances to aid another's violation — Applies when a person violates subsection (2), i.e., possesses, buys, sells, or transfers a specified chemical substance to induce or aid another person's unlawful inhalation or ingestion, unless it involves nitrous oxide covered by subsection (4).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Unlawful distribution of nitrous oxide — Applies when a person knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Unlawful distribution of nitrous oxide — Applies when a person knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Inhalation/ingestion/possession of harmful chemical substances | Misdemeanor of the Second Degree | Applies when a person violates subsection (1), i.e., inhales, ingests, or possesses with intent to inhale/ingest a specified chemical substance for intoxication purposes, unless it involves nitrous oxide covered by subsection (4). | Fla. Stat. § 877.111(3) |
| Possession/sale/purchase/transfer of harmful chemical substances to aid another's violation | Misdemeanor of the Second Degree | Applies when a person violates subsection (2), i.e., possesses, buys, sells, or transfers a specified chemical substance to induce or aid another person's unlawful inhalation or ingestion, unless it involves nitrous oxide covered by subsection (4). | Fla. Stat. § 877.111(3) |
| Unlawful distribution of nitrous oxide | Felony of the Third Degree | Applies when a person knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide. | Fla. Stat. § 877.111(4) |
Common questions about inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties in Florida
Is inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 877.111.
Inhalation/ingestion/possession of harmful chemical substances: Misdemeanor of the Second Degree (Fla. Stat. § 877.111(3)) · Possession/sale/purchase/transfer of harmful chemical substances to aid another's violation: Misdemeanor of the Second Degree (Fla. Stat. § 877.111(3)) · Unlawful distribution of nitrous oxide: Felony of the Third Degree (Fla. Stat. § 877.111(4))
What are the penalties for inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties in Florida?
Penalties for inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties?
Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties is governed by Fla. Stat. § 877.111 (Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.