Florida statute
Fla. Stat. § 859.04 — Provisions concerning poisons
Current through 2025 Florida Statutes
Part of Chapter 859: Poisons; Adulterated Drugs, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 859.04
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(1) It is unlawful for any person not a registered pharmacist to retail any poisons enumerated below: Arsenic and all its preparations, corrosive sublimate, white and red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and all other poisonous vegetable alkaloids and their salts, and the essential oil of almonds, opium, and its preparations of opium containing less than two grains to the ounce, aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrum digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic and oxalic acids; and she or he shall label the box, vessel, or paper in which said poison is contained with the name of the article, the word “poison,” and the name and place of business of the seller.
(2) No person shall deliver or sell any poisons enumerated above unless upon due inquiry it be found that the purchaser is aware of its poisonous character and represents that it is to be used for a legitimate purpose. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses upon the prescriptions of practitioners of medicine.
(3) Any violation of this section shall render the principal of said store guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. However, this section shall not apply to manufacturers making and selling at wholesale any of the above poisons. Each box, vessel, or paper in which said poison is contained shall be labeled with the name of the article, the word “poison,” and the name and place of business of the seller.
Official sources
Legal terms used in this section
Questions this section answers
Is provisions concerning poisons a felony or a misdemeanor in Florida?
Provisions concerning poisons is a Misdemeanor of the Second Degree in Florida under Fla. Stat. § 859.04.
Which Florida statute covers provisions concerning poisons?
Provisions concerning poisons is governed by Fla. Stat. § 859.04 (Provisions concerning poisons).
This reference is informational and is not legal advice.