The Florida Senate

859.01  Poisoning food or water.

859.02  Selling certain poisons by registered pharmacists and others.

859.03  Sale of morphine.

859.04  Provisions concerning poisons.

859.05  Narcotics not to be sold except on prescription.

859.058  Prohibition against clove cigarettes.

859.08  Penalty for selling adulterated drugs.

859.01  Poisoning food or water.--Whoever mingles any poison with food, drink, or medicine with intent to kill or injure another person, or willfully poisons any spring, well, or reservoir of water with such intent, shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 4, ch. 1637, 1868; RS 2658; GS 3587; RGS 5515; CGL 7675; s. 1078, ch. 71-136.

859.02  Selling certain poisons by registered pharmacists and others.--Any violation of the law, relative to sale of poisons, not specially provided for, shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.083.

History.--s. 8, ch. 3880, 1889; GS 1906, 3604; RGS 5526; CGL 7692; s. 1079, ch. 71-136.

859.03  Sale of morphine.--Any druggist or other dealer in drugs and medicines who shall sell or offer for sale any sulphate or other preparations of morphine, without wrapping the same in a scarlet wrapper and plainly labeling it, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083; provided, this section shall not apply to regular practicing physicians putting up their own prescriptions in their ordinary practice of dispensing medicines.

History.--s. 2, ch. 1891, 1872; ss. 1, 2, ch. 3286, 1881; RS 2667, 826; GS 3605; RGS 5527; CGL 7693; s. 1080, ch. 71-136.

859.04  Provisions concerning poisons.--

(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.

History.--s. 8, ch. 3380, 1889; RS 822; GS 3606; RGS 5528; CGL 7694; s. 1081, ch. 71-136; s. 1386, ch. 97-102.

859.05  Narcotics not to be sold except on prescription.--No person shall sell, give away, or otherwise dispose of any opium, morphine, cocaine, or its salts, atropine, belladonna, or conium, to any person, except upon the written prescription of a licensed practicing physician, which prescription shall not be filled but once; provided, however, that this section shall not apply to manufacturers making and selling at wholesale to druggists, or to sales thereof, for the use of dentists, physicians, hospitals, or infirmaries. Any person who shall, for himself or herself, or for any other person, violate any of the provisions of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--ss. 1, 2, ch. 5957, 1909; RGS 5529; ss. 1, 2, ch. 10189, 1925; CGL 7695; s. 1082, ch. 71-136; s. 1387, ch. 97-102.

859.058  Prohibition against clove cigarettes.--No person shall sell, use, possess, give away, or otherwise dispose of cigarettes or similar products designed or intended for smoking, made in whole or in part from, or containing, cloves, clove oil, or eugenol, or any derivative thereof.

History.--s. 2, ch. 85-141.

859.08  Penalty for selling adulterated drugs.--Every registered pharmacist, and the owner or proprietor of any store dealing in drugs or medicines, shall be held responsible for the quality of all drugs, chemicals, or medicines he or she may sell or dispense, with the exception of those sold in the original packages of the manufacturer and those known as proprietary; and any person who fraudulently adulterates, for the purpose of sale, any drug or medicine or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and such adulterated drugs and medicine shall be forfeited and destroyed under the direction of the court; and if the offender be a registered pharmacist, his or her name shall be stricken from the register.

History.--s. 8, ch. 6890, 1915; RGS 5532; CGL 7698; s. 1084, ch. 71-136; s. 1389, ch. 97-102.