|
|
|
|
|
Youth Use of Inhalants and Aerosols - State Laws 2010
According to the 2007 National Survey on Drug Use and Health, almost one million youth reported using inhalants during the previous 12 months. The survey defines inhalants as "liquids, sprays, and gases that people sniff or inhale to get high or to make them feel good." The most common types of inhalants used by young people include glue, shoe polish, nitrous oxide or “whippets” and spray paints. While the percentage of youth aged 12 to 17 who used inhalants was lower in 2007 than previous years, inhalant use remains a concern for state policymakers. Many states regulate the sale of inhalants and/or include penalties for inhalant abuse. Below is a table with existing state statutes on inhalants and aerosols.
| A-C | F-G | I-L | M | N-O | S-U | V-W |
|
STATES
|
STATUTE TEXT |
|
|
Az. Stat. Ann. §13-3403
A. A person shall not knowingly:
1. Breathe, inhale or drink a vapor-releasing substance containing a toxic substance.
2. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance to a person under eighteen years of age.
3. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance if such person is not, at the time of sale, transfer or offer, employed by or engaged in operating a licensed commercial establishment at a fixed location regularly offering such substance for sale and such sale, transfer or offer is made in the course of employment or operation.
Az. Stat. Ann. §13-3403.1
A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person's capacity as an employee.
B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:
1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.
2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.
For sentencing see section G.
Az. Stat. Ann. §13-34.3.2
A. An operator or employee of a commercial establishment who questions or has reason to question whether or not a person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of a nitrous oxide container is under eighteen years of age shall require the person to exhibit a written instrument of identification and may require the person to sign the person's name, the date, and the number of the identification on a card to be retained by the operator, or may require the person to sign the person's name and the date on a photocopy of the instrument of identification to be retained by the operator. The following written instruments are the only acceptable types of identification:
1. An unexpired driver license issued by any state or by Canada, provided the license includes a picture of the licensee.
2. A nonoperating identification license issued pursuant to section 28-3165.
3. An armed forces identification card.
4. A valid passport or border crossing identification card that is issued by a government.
5. A voter card issued by the government of Mexico and that contains a photograph and the date of birth of the person.
B. An operator or employee of a commercial establishment who sells, gives, serves or furnishes a nitrous oxide container to a person who is under eighteen years of age without having recorded and retained a record of the person's age or a dated and signed photocopy of the instrument of identification exhibited as prescribed by subsection A of this section is deemed to have constructive knowledge of the person's age.
C. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish a nitrous oxide container contrary to section 13-3403.01 is guilty of a class 1 misdemeanor.
D. A person who is under eighteen years of age and who solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law is guilty of a class 3 misdemeanor.
E. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection C of this section shall have that person's right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309, subsection B. A person who uses a driver or nonoperating identification license in violation of subsection C of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309, subsection C.
F. A person who knowingly influences the selling, giving or serving of a nitrous oxide container to a person under eighteen years of age by misrepresenting the age of the person or who orders, requests, receives or procures a nitrous oxide container from an operator or employee of a commercial establishment with the intent of selling, giving or serving it to a person under eighteen years of age is guilty of a class 1 misdemeanor.
|
|
|
Cal. Penal Code §13860
The Legislature finds and declares that a substantial drug abuse and drug trafficking problem exists among school-age children on and around school campuses in the State of California. By enacting this chapter, it is the intention of the Legislature to support increased efforts by local law enforcement agencies, working in conjunction with school districts and county drug offices to suppress trafficking and prevent drug abuse among school age children on and around school campuses through the development of innovative and model programs by local law enforcement agencies and schools and drug abuse agencies. As used in this chapter, drugs are defined as marijuana, inhalants, narcotics, dangerous drugs, pharmaceuticals, glue and alcohol. It is the further intention of the Legislature to establish a program of financial and technical assistance for local law enforcement and school districts.
Cal Pen Code §381c
(a) As used in this section, "nitrous oxide" refers to any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.
(b) Every person who sells, furnishes, administers, distributes, gives away, or offers to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide, to a person under 18 years of age is guilty of a misdemeanor. The court shall consider ordering the person to perform community service as a condition of probation.
(c) (1) It is a defense to this crime that the defendant honestly and reasonably believed that the minor involved in the offense was at least 18 years of age.
(2) The defendant shall bear the burden of establishing this defense by a preponderance of the evidence.
(d) For the purpose of preventing a violation of this section, any person may refuse to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide to a person who is unable to
produce adequate proof of age of majority.
(e) On and after July 1, 2010, the court shall order the suspension of the business license, for a period of up to one year, of a person who knowingly violates this section after having been previously convicted of a violation of this section, unless the owner of the business license can demonstrate a good faith attempt to prevent illegal sales or deliveries by the owner's employees.
(f) This section shall not apply to any person who administers nitrous oxide for the purpose of providing medical or dental care, if administered by a medical or dental practitioner licensed by this state or at the direction or under the supervision of a practitioner licensed by this state.
(g) This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant.
|
|
|
Colo. Rev. Stat. §18-18-412
Abusing toxic vapors - prohibited.
(1) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (1), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (1). This subsection (1) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
For sentencing see statute citation.
|
|
|
Conn. Gen. Stat. §53-345a
Nitrous oxide containers; sale to or purchase by minors prohibited. Proof of age. (a) Any person who sells, gives or delivers to any minor under eighteen years of age any container exclusively containing nitrous oxide, unless the minor is delivering or accepting delivery in his capacity as an employee, shall be fined not more than two hundred dollars for the first offense, not more than three hundred fifty dollars for a second offense within an eighteen-month period and not more than five hundred dollars for each subsequent offense within an eighteen-month period. (b) Any person under eighteen years of age who purchases or misrepresents his age to purchase any container exclusively containing nitrous oxide shall be fined not more than fifty dollars for the first offense and not less than fifty dollars nor more than one hundred dollars for each subsequent offense. (c) Each retailer of containers exclusively containing nitrous oxide or employee of such retailer shall require a person who is purchasing or attempting to purchase a container exclusively containing nitrous oxide, whose age is in question, to exhibit proper proof of age. If a person fails to provide such proof of age, such retailer or employee shall not sell any container exclusively containing nitrous oxide to the person. As used in this section, "proper proof" means a motor vehicle operator's license, a valid passport or an identity card issued in accordance with the provisions of section 1-1h.
Return to Top
|
|
|
Fla. Stat. §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).
Fla. Stat. §499.039
Sale, distribution, or transfer of harmful chemical substances; penalties; authority for enforcement.--It is unlawful for a person to sell, deliver, or give to a person under the age of 18 years 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 by breathing, inhaling, or ingesting a condition of intoxication or which is intended to distort or disturb the auditory, visual, or other physical or mental processes. (1) On the first violation of this section, the department may issue a warning according to s. 499.002(5), if the violation has not caused temporary or permanent physical or mental injury to the user. (2) If any violation of this section has caused temporary or permanent physical or mental injury to the user, the department may, pursuant to chapter 120, impose fines according to s. 499.066 and may report any violation to the appropriate state attorney for prosecution.
|
|
|
Ga. Code. Ann. §16-13-90 thru §16-13-96
§ 16-13-91. Intentional inhalation of model glue; application of article to anesthesia
No person shall, for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue, provided that this Code section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
§ 16-13-92. Possession, sale, or transfer of model glue
No person shall intentionally possess, buy, sell, transfer possession, or receive possession of any model glue for the purpose of violating or aiding another person to violate this article.
§ 16-13-93. Sale or transfer of model glue to minors
No person shall sell or transfer possession of any model glue to another person under 18 years of age, nor shall any person under 18 years of age possess or buy any model glue unless the purchase is for model building or other lawful use and the person under 18 years of age has in his possession and exhibits to the seller or transferor the written consent of his parent or legal guardian to make such purchase or take possession of the model glue, provided any minor who shall transfer possession of model glue to another minor for model building or other lawful purpose shall not be held criminally liable for failing to require exhibition of the written consent of the transferee-minor's parents or for failing to keep same available for inspection by law enforcement officials.
|
|
|
9 GCA §67.401.2.1
Inhalants.
(a) Use of Inhalants. It is unlawful for a person to inhale, ingest, apply or smell the gases, vapors or fumes of an aerosol spray product, volatile chemical, substance or other inhalant, that is not used pursuant to the
instructions or prescription of a licensed health care provider, or that is not used pursuant to the manufacturer's label instructions, for the purpose of becoming under the influence of such substance, causing intoxication, euphoria, inebriation, stupefaction or the dulling of that person’s brain or nervous system.
(b) It is unlawful for a person to possess any gas, hazardous inhalant, aerosol spray product, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors with the intent to violate the above.
(c) Nothing in this Section applies to the inhalation of a prescription or over-the-counter product for medical or dental purposes, or the inhalation of the vapors or fumes of an alcoholic beverage, the sale and consumption of which is authorized by law.
(d) Proof that a person intentionally or knowingly inhaled, ingested, applied or used a substance in a manner contrary to the directions for use, cautions or warnings on a label of a container of the substance gives rise to
a presumption that the person violated Subsection (a).
(e) For purposes of this Section, it is presumed that the ingredients in a container are, in fact, the ingredients listed on the label of the container or the ingredients listed for that substance in databases maintained or relied
upon by a poison control center certified by a national association of poison control centers.
(f) A person who violates this Section commits a petty misdemeanor. A person who violates Subsections (h), (i) or (j) of this Section commits a petty misdemeanor for the first offense and a misdemeanor for subsequent
offenses.
(g) A juvenile court may require a minor found in violation of this Section be provided with treatment and counseling.
(h) It is a petty misdemeanor for any person or business to sell, or transfer butane gas or butane lighters or butane in any other form to any person under the age of eighteen (18).
(i) It is a petty misdemeanor for any person or business to sell or transfer propane gas to any person under the age of eighteen (18).
(j) It is a petty misdemeanor for any person or business to sell or transfer substances on the List of Known Inhalants with Potential for Abuse, as defined in §67.401.2.2(1) & (2) of this Chapter, to any person under the
age of eighteen (18). This Subsection shall not apply to prescription or over-the-counter medication.
(k) It is not unlawful to transfer inhalants to persons under the age of eighteen (18) provided that the minor’s use of such inhalants is consistent with the product’s labeling and is supervised by an adult over the age of
eighteen (18).
Return to Top
|
|
|
Id. Code §18-1502B
Whenever a person under the age of eighteen (18) years is in possession and uses an aerosol spray product or other inhalant, that is not used pursuant to the instructions or prescription of a licensed health care provider or that is not used pursuant to the manufacturer's label instructions, for the purpose of becoming under the influence of such substance; such person shall be guilty of a misdemeanor, and upon conviction, may be punished by a fine not in excess of three hundred dollars ($300), or by thirty (30) days in a juvenile detention facility or by both or may be subject to the provisions of chapter 5, title 20, Idaho Code.
For the purposes of this section, the term "inhalant" means any glue, cement or other substance containing one (1) or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene or xylene or other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
|
|
|
Ill. Rev. Stat. 720§690
Sec. 1. Use prohibited. No person shall ingest, 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, methyl cellosolve acetate, cyclohexanone, the alkaloids atropine, hyoscyamine, or scopolamine, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this Act, any such condition so induced shall be deemed to be an intoxicated condition.
Sec. 2. Sale or delivery prohibited.
(a) No person shall knowingly sell or offer for sale, deliver or give to any person under 17 years of age, unless upon written order of such person's parent or guardian, any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror, or deliverer knows or has reason to know that the compound is intended for use to induce such condition.
(b) No person shall knowingly sell or offer for sale, deliver, or give to any person any compound, liquid, or chemical containing alkaloids atropine, hyoscyamine, or scopolamine when the seller, offeror, or deliverer knows or has reason to know that the compound, liquid, or chemical is intended for use to induce an intoxicated condition.
For sentencing see Section 4.
|
|
|
Ky. Rev. Stat. §217.900
Volatile substance defined -- Inhalation unlawful.
(1) As used in this section, "volatile substance" means any glue, cement, or paint or other substance containing a solvent or chemical having the property of releasing toxic vapors or fumes which when inhaled may cause a condition of intoxication, inebriation, stupefaction, dulling of the brain or nervous system, or distortion or disturbance of the auditory, visual, or mental processes.
(2) It shall be unlawful for any person to intentionally smell or inhale the fumes of any volatile substance, or to induce any other person to do so for the purpose of inducing a condition described in subsection (1) of this section.
(3) No person shall intentionally sell or offer for sale, deliver or give any volatile substance to any person for purposes of inhalation in violation of subsection (2) of this section.
|
|
|
La. Rev. Stat. §14:93.1
Model Glue; use of; abuse of toxic vapors; unlawful sales to minors; penalties
A. Definitions:
(1) The term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles and which contains one or more of the following volatile solvents: (a) toluol, (b) hexane, (c) trichlorethylene, (d) acetone, (e) toluene, (f) ethyl acetate, (g) methyl ethyl ketone, (h) trichlorochthane, (i) isopropanol, (j) methyl isobutyl ketone, (k) methyl cellosolve acetate, (l) cyclohexanone, or (m) any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors.
(2) "Abuse of toxic vapors" shall mean to smell or inhale the fumes of any solvent, material, substance, chemical or combinations thereof having the property of releasing toxic vapors for the purpose of causing a condition of or inducing a symptom included in Subsection B of this Section.
B. It shall be unlawful for any person to intentionally smell or inhale the fumes of any type of model glue or toxic vapors for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system; or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes. This Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
C. It shall be unlawful for any person to sell any type of model glue to a minor for any reason whatsoever.
D. It shall be unlawful for any person to sell or otherwise transfer possession of any type of model glue to any minor for any purpose whatsoever, unless the minor receiving possession of the model glue is the child or ward of and under the lawful custody of the vendor, donor or transferor of the glue.
E. Any person violating any provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than ninety days for each such offense or both.
La. Rev. Stat. §1057 Louisiana Hazardous Aerosol Act
§1057.3. Regulations on aerosols; warnings; mandatory reporting
A. Any warning on aerosol products shall be prominently located in relation to the brand name and shall be displayed in bold type. In addition, all ingredients must be listed in bold type. B. All manufacturers of aerosol products containing toxic substances or which shall have fatal warnings on the containers shall file the proper treatment in case of misuse with the department. The department shall be responsible for compiling a list of such treatments and forwarding such list on a periodic basis as determined by the secretary to the Louisiana State Medical Society for review, and then distribution to all poison centers and other medical personnel and emergency treatment centers who may have cause to use such treatment. C. Mandatory reporting of accidental or deliberate use causing injury and/or sudden deaths by involvement with aerosol products shall be required of physicians and coroners. Such reports shall be made directly to the office of health services and environmental quality of the Department of Health and Hospitals. The department is directed to: (1) Establish the necessary operations to receive statistics of use causing injury or deaths by aerosols. (2) Forward statistical information to the Department of Education and other specified agencies on a quarterly basis. (3) Direct coroners or pathologists who perform autopsies to be cognizant of the possible involvement of aerosols in the case being examined and particularly in the sudden death of youths.
§1057.4. Prohibited acts The following acts and the causing thereof are hereby prohibited: (1) The introduction or delivery for introduction into commerce of any misbranded hazardous aerosol or banned hazardous aerosol. (2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous aerosol if such act is done while the substance is in commerce or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the aerosol being a misbranded hazardous aerosol or a banned hazardous aerosol. (3) The receipt in commerce of any misbranded hazardous aerosol or banned hazardous aerosol and the delivery or proffered delivery thereof for pay or otherwise. (4) The giving of a guarantee or undertaking referred to in R.S. 40:1057.5(B)(b) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous substance. (5) The use by any person to his own advantage, or revealing other than to the secretary or officers or employees of the department or to the courts when relevant in any judicial proceeding under this Part, of any information acquired concerning any method or process which as a trade secret is entitled to protection.
§1057.5. Penalties A. Any person who violates any of the provisions of R.S. 40:1057.3 or R.S. 40:1057.4, shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than five hundred dollars or to imprisonment for not more than ninety days, or both, but for offenses committed with intent to defraud or mislead, or for second and subsequent offenses, the penalty shall be imprisonment for not more than one year, or a fine of not more than three thousand dollars, or both such imprisonment and fine. B. No person shall be subject to the penalties of Subsection (A) of this Section, (a) for having violated R.S. 40:1057.4(3), if the receipt, delivery, or proffered delivery of the aerosol product was made in good faith, unless he refuses to furnish, on request of an officer or employee duly designated by the secretary, the name and address of the person from whom he purchased or received such hazardous aerosol, and copies of all documents, if any there be, pertaining to the delivery of the hazardous aerosol to him; or (b) for having violated R.S. 40:1057.4(1), if he establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom he received in good faith the hazardous aerosol, to the effect that the hazardous aerosol is not a misbranded hazardous or a banned hazardous aerosol within the meaning of those terms in this Chapter.
Return to Top
|
|
|
Md. Code, Crim. Law §5-709(b)
(b) Prohibited - Distribution of inhalants.- A person may not distribute or possess with intent to distribute to another a substance listed in § 5-708 of this subtitle:
(1) with the intent to induce unlawful inhaling of the substance; or
(2) with the knowledge that the other will unlawfully inhale the substance.
(c) Same - Instruction on inhaling.- A person may not:
(1) instruct another in the practice of inhaling or smelling that is prohibited under § 5-708(b) of this subtitle; or
(2) distribute a butane canister to a minor.
(d) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $1,000 or both.
|
|
|
Mass. Gen. Laws Ann. 270 §18
No person shall intentionally smell or inhale the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system, nor possess, buy or sell any such substance for the purpose of violating or aiding another to violate this section.
This section shall not apply to the inhalation of anesthesia for medical or dental purposes.
Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.
Any person who is discovered by a police officer or special police officer in the act of violating this section may be arrested without a warrant by such police officer or special police officer, and held in custody, in jail, or otherwise, until a complaint is made against him for such offense which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.
Mass. Gen. Laws Ann. 270 §19
Any person who sells glue or cement to a minor shall require such minor to properly identify himself and write his name and address legibly in a permanently bound register. The seller shall keep such register available for police inspection for a period of six months after the last sale is recorded therein. No such glue or cement shall be sold to a minor unless it contains allyl isothiocyanate (oil of mustard) or some other equally effective and safe deterrent against smelling or inhaling the fumes of such glue or cement.
As used in this section, “glue” or “cement” shall mean any glue or cement that contains a solvent or chemical having the property of releasing toxic vapors.
Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.
|
|
|
Minn. Stat. Ann. §609.684
Subdivision 1. Toxic substances.
For purposes of this section, "toxic substance" means: (1) glue, cement, or aerosol paint containing toluene, benzene, xylene, amyl nitrate, butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents, but does not include glue, cement, or paint contained in a packaged kit for the construction of a model automobile, airplane, or similar item;
(2) butane or a butane lighter; or
(3) any similar substance declared to be toxic to the central nervous system and to have a potential for abuse, by a rule adopted by the commissioner of health under chapter 14.
Subd. 2.[Repealed, 1997 c 239 art 3 s 25]
Subd. 3. Use for intoxication prohibited. A person is guilty of a misdemeanor who uses or possesses any toxic substance with the intent of inducing intoxication, excitement, or stupefaction of the central nervous system, except under the direction and supervision of a medical doctor. A person is guilty of a misdemeanor who intentionally aids another in violation of this subdivision.
|
|
|
Miss. Code Ann. §97-27-33
Poisons; inhalation of toxic vapors from model glue; unlawful glue sales to minors.
(1) It shall be unlawful for any person to intentionally smell or inhale the fumes of any type of model glue for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system; or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes.
(2) As used in this section, the term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles and which contains one or more of the following volatile solvents: (a) toluol, (b) hexane, (c) trichlorethylene, (d) acetone, (e) toluene, (f) ethyl acetate, (g) methyl ethyl ketone, (h) trichlorochthane, (i) isopropanol, (j) methyl isobutyl ketone, (k) methyl cellosolve acetate, (l) cyclohexanone, or (m) any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors.
(3) It shall be unlawful for any person to sell or otherwise transfer possession of any type of model glue to any minor for any purpose whatsoever, unless the minor receiving possession of the model glue is the child or ward of and under the lawful custody of such person.
(4) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than ninety (90) days, or both, for each such offense.
|
|
|
Mont. Code Anno. §45-9-121
Criminal possession of toxic substances -- penalty. (1) A person commits the offense of criminal possession of a toxic substance if the person inhales or ingests or possesses with the purpose to inhale or ingest, for the purpose of altering the person's mental or physical state, any substance with toxic effects that is not manufactured for human consumption or inhalation, including but not limited to glue, fingernail polish, paint and paint thinners, petroleum products, aerosol propellants, and chemical solvents.
(2) The provisions of subsection (1) do not apply to a bona fide institution of higher education conducting research with human volunteers pursuant to guidelines adopted by the institution or any federal or state agency.
(3) A person convicted under this section shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both.
(4) The youth court has jurisdiction of any violation of subsection (1) by a person under 18 years of age.
Return to Top
|
|
|
N.H. Rev. Stat. Ann. §644:5-a
Inhaling Toxic Vapors for Effect. – A person is guilty of a violation if he or she purposely smells or inhales the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system, or possesses, buys or sells any such substance for the purpose of violating or aiding another to violate this section. This section does not apply to the inhalation of anesthesia for medical or dental purposes.
|
|
New York
|
NY CLS Pub Health §3380
Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases. 1. (a) As used in this section the phrase "glue containing a solvent having the property of releasing toxic vapors or fumes" shall mean and include any glue, cement, or other adhesive containing one or more of the following chemical compounds: acetone, cellulose acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene trichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene or such other similar material as the commissioner shall by regulation prescribe.
(b) As used in this section hazardous inhalants shall mean and include any of the preparations of compounds containing one or more of the chemical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that is either designed to be used, or commonly used, as an inhalant.
2. No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes from any hazardous inhalants or from any glue containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia or inhalant for medical or dental purposes.
3. No person shall, for the purpose of violating subdivision two, use, or possess for the purpose of so using, any hazardous inhalants or any glue containing a solvent having the property of releasing toxic vapors or fumes.
4. No person shall sell, or offer to sell, to any other person any tube or other container of any hazardous inhalants or glue containing a solvent having the property of releasing toxic vapors or fumes:
(a) if he has knowledge that the product sold, or offered for sale, will be used for the purpose set forth in subdivision two of this section; or
(b) unless there has been added to such glue a sufficient quantity of an additive, approved by the commission, which shall act as a deterrent to inhalation, and not be harmful or toxic to the human body. This provision shall not apply to hazardous inhalants or glue manufactured and sold for industrial use.
5. (a) No person shall use nitrous oxide for purposes of causing intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system of himself or another.
(b) No person shall sell any canister or other container of nitrous oxide unless granted an exemption pursuant to this subdivision. In no event shall any canister or other container of nitrous oxide be sold to a person under the age of twenty-one years.
(c) This subdivision shall not apply to the use of nitrous oxide in industrial, medical or dental applications, or to specific products which must use nitrous oxide as a propellant provided such products shall in no event be sold at retail to the public, as shall be determined by the commissioner pursuant to paragraph (d) of this subdivision.
6. (a) Any person who violates any provision of subdivision two or three of this section shall be guilty of an offense and upon conviction thereof shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than five days, or by both such fine and imprisonment.
(b) Any person who violates any provision of subdivision four or five of this section shall be guilty of a class A misdemeanor.
|
|
|
Ohio Rev. Code Ann. §2925.32
(A)(2) No person shall knowingly dispense or distribute a harmful intoxicant to a person under age eighteen if the person who dispenses or distributes it knows or has reason to believe that the harmful intoxicant will be used in violation of section 2925.31 of the Revised Code. Division (A) (2) of this section does not prohibit either of the following:
(B) (1) No person shall knowingly dispense or distribute nitrous oxide to a person age twenty-one or older if the person who dispenses or distributes it knows or has reason to believe the nitrous oxide will be used in violation of section 2925.31 of the Revised Code.
(2) Except for lawful medical, dental, or clinical purposes, no person shall knowingly dispense or distribute nitrous oxide to a person under age twenty-one.
(3) No person, at the time a cartridge of nitrous oxide is sold to another person, shall sell a device that allows the purchaser to inhale nitrous oxide from cartridges or to hold nitrous oxide released from cartridges for purposes of inhalation. The sale of any such device constitutes a rebuttable presumption that the person knew or had reason to believe that the purchaser intended to abuse the nitrous oxide.
(4) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:
(a) The record-keeping requirements established under division (F) of this section;
(b) The labeling and transaction identification requirements established under division (G) of this section.
(C) This section does not apply to products used in making, fabricating, assembling, transporting, or constructing a product or structure by manual labor or machinery for sale or lease to another person, or to the mining, refining, or processing of natural deposits. For sentencing see Section D
|
|
Oregon
|
Or. Rev. Stat. §167.808
(2) It is unlawful for a person to possess any inhalant if the person intends to use the inhalant for the purpose of inducing intoxication in the person who possesses the inhalant or for the purpose of inducing intoxication in any other person.
(3) A person may not use any inhalant for the purpose of inducing intoxication in the person using the inhalant or for the purpose of inducing intoxication in any other person.
(4) The prohibitions of this section do not apply to any substance that:
(a) Has been prescribed by a health practitioner, as described in ORS 31.740, and that is used in the manner prescribed by the health practitioner; or
(b) Is administered or used under the supervision of a health practitioner, as described in ORS 31.740.
(5)(a) Any person who violates this section commits a violation. Violation of this section is punishable by a fine of not more than $300. In addition to or in lieu of a fine, a juvenile court may require that a minor who engages in conduct prohibited by this section be provided with treatment and counseling.
(b) Notwithstanding paragraph (a) of this subsection, a second or subsequent violation of this section by a person is a Class B misdemeanor. If a juvenile court finds that a minor has engaged in conduct prohibited by this section on a second or subsequent occasion, the court shall require that the minor receive treatment and counseling.
Or. Rev. Stat. §409.425
Inhalant abuse; education resources.
(1) For purposes of this section, “inhalant” has the meaning given that term in ORS 167.808.
(2) The Director of Human Services shall develop education resources focusing on the problem of inhalant abuse by minors. The director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The director shall develop tools to help parents talk to their children about the extraordinary risks associated with even a single use of inhalants, as well as those risks that arise from repeated use.
(3) The director shall develop education resources focusing on merchants that sell products that contain inhalants. The director shall encourage merchants that sell products containing inhalants to post signs that inform the public that using inhalants for the purpose of intoxication is illegal and potentially deadly.
Return to Top
|
|
|
Codified Laws Ann. §22-42-15
Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.
|
|
|
Tenn. Code Ann. §39-17-422
Inhaling, selling, giving or possessing glue, paint, gasoline, aerosol, gases, etc., for unlawful purposes
(a) No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell or inhale the fumes from any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes, or to the use of nitrous oxide to implement the distribution of beverages or other foodstuffs for commercial purposes.
(b) No person shall, for the purpose of violating subsection (a), use, or possess for the purpose of so using, any glue containing a solvent having the property of releasing toxic vapors or fumes.
(c) No person shall sell, or offer to sell, or deliver or give away, to any person any tube or other container of glue, paint, gasoline, aerosol, chlorofluorocarbon gas or any other substance containing a solvent having the property of releasing toxic vapors or fumes, if the person has reasonable cause to suspect that the product sold or offered for sale, or delivered or given away, will be used for the purpose set forth in subsection (a).
(d) As used in this section, “glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes” means and includes any glue, cement, paint, gasoline, aerosol, or any other substance of whatever kind containing one (1) or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluene or any group of polyhalogenated hydrocarbons containing fluorine and chlorine.
(e) Nothing contained in this section shall be considered applicable to the sale of a hobby or model kit containing as a part of the kit a tube or other container of glue, nor shall this section be considered applicable to the sale of a tube or other container of glue immediately in conjunction with the sale of a hobby or model kit requiring the use of approximately the quantity of glue for the assembly of a model. Nothing contained in this section shall be applicable to the transfer of a tube or other container of glue from a parent to the parent's own child, or from a guardian to the guardian's own ward.
(f) (1) A violation of subsection (a), (b) or (d) is a Class A misdemeanor.
(2) A violation of subsection (c) is a Class E felony.
|
|
Texas
|
Health and Safety Code Ann. §485
Sec. 485.031. Possession and use.
(a) A person commits an offense if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner:
(1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical; and
(2) designed to:
(A) affect the person's central nervous system;
(B) create or induce a condition of intoxication, hallucination, or elation; or
(C) change, distort, or disturb the person's eyesight, thinking process, balance, or coordination.
(b) An offense under this section is a Class B misdemeanor.
Sec. 485.032. Delivery to a minor.
(a) A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age.
§ 485.033. Inhalant Paraphernalia.
(a) A person commits an offense if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical in violation of Section 485.031.
(b) A person commits an offense if the person:
(1) knowingly:
(A) delivers or sells inhalant paraphernalia;
(B) possesses, with intent to deliver or sell, inhalant paraphernalia; or
(C) manufactures, with intent to deliver or sell, inhalant paraphernalia; and
(2) at the time of the act described by Subdivision (1), knows that the person who receives or is intended to receive the paraphernalia intends that it be used to inhale, ingest, apply, use, or otherwise introduce into the human body a volatile chemical in violation of Section 485.031.
(c) An offense under Subsection (a) is a Class B misdemeanor, and an offense under Subsection (b) is a Class A misdemeanor.
|
|
|
Utah Code Ann. §76-10-107.5
|Abuse of nitrous oxide -- Penalty.
(1) As used in this section, "nitrous oxide" means:
(a) N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; and
(b) any substance containing nitrous oxide.
(2) A person is guilty of abuse of nitrous oxide who:
(a) possesses nitrous oxide with the intent to breathe, inhale, or ingest it for the purpose of:
(i) causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses;
(ii) in any manner changing, distorting, or disturbing the audio, visual, or mental processes;
(b) knowingly and intentionally is under the influence of nitrous oxide; or
(c) offers, sells, or provides nitrous oxide to another person, knowing that other person or a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or (b).
Return to Top
|
|
|
Vt. Stat. Ann. Health 18§1510
Improper possession, use or sale of glues and hazardous inhalants; penalty
(b) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from any hazardous inhalants or from any glue containing a solvent having the property of releasing toxic vapors or fumes. Nothing in this subsection shall be interpreted as applying to the inhalation of any anesthesia or inhalant for medical or dental purposes.
(c) No person shall, for the purpose of violating subsection (b) of this section, use or possess for the purpose of using, any hazardous inhalants or any glue containing a solvent having the property of releasing toxic vapors or fumes.
|
|
|
Va. Code §18.2-264
Inhaling drugs or other noxious chemical substances or causing, etc., others to do so.
A. It shall be unlawful, except under the direction of a practitioner as defined in § 54.1-3401, for any person deliberately to smell or inhale any drugs or any other noxious chemical substances including but not limited to fingernail polish or model airplane glue, containing any ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors, with the intent to become intoxicated, inebriated, excited, stupefied or to dull the brain or nervous system.
Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.
B. It shall be unlawful for any person, other than one duly licensed, deliberately to cause, invite or induce any person to smell or inhale any drugs or any other noxious substances or chemicals containing any ketone, aldehydes, organic acetates, ether, chlorinated hydrocarbons or vapors with the intent to intoxicate, inebriate, excite, stupefy or to dull the brain or nervous system of such person.
Any person violating the provisions of this subsection shall be guilty of a Class 2 misdemeanor.
|
|
|
Wis. Stat. Ann. §134.63
Nitrous oxide; restrictions on sales; records of certain sales; labeling.
(1) In this section:
(a) "Deliver" or "delivery" means the actual, constructive or attempted transfer of nitrous oxide or a nitrous oxide container from one person to another.
(b) "Nitrous oxide container" means any compressed gas container that contains food grade or pharmaceutical grade nitrous oxide as its principal ingredient.
(2) (a) Except as provided in par. (b), no person who engages in the retail sale of cartridges of nitrous oxide may sell more than 24 cartridges in any single retail transaction.
(am) Except as provided in par. (b), no person may, during any consecutive 48-hour period, engage in more than one retail purchase of nitrous oxide or any nitrous oxide container.
(b) Paragraphs (a) and (am) do not apply to any of the following:
1. A retail sale to a bakery, restaurant, institutional food distributor or other person engaged in the food service industry if the bakery, restaurant, distributor or other person has an emergency business need for the cartridges.
2. Any retail sale to or retail purchase by a hospital, health care clinic or other health care organization that uses nitrous oxide to provide medical or dental care.
3. A retail food establishment, as defined in s. 97.30 (1) (c).
(3) (a) Except as provided in sub. (5), every person in this state who delivers nitrous oxide or any nitrous oxide container to another shall keep a register of all deliveries of nitrous oxide or any nitrous oxide container. The register shall show the name and complete address of the person to whom the nitrous oxide or nitrous oxide container is delivered, the number of cartridges or other containers delivered and the date of delivery.
(b) A person required to keep a register under par. (a) shall preserve the register on his or her business premises for 2 years in such a manner as to ensure permanency and accessibility for inspection and shall permit inspection of the register at all reasonable hours by state and local law enforcement agencies and by any state agency, as defined in s. 16.61 (2) (d).
(c) No person required to keep a register under par. (a) may deliver nitrous oxide or any nitrous oxide container to another person unless the person to whom the nitrous oxide or nitrous oxide container is delivered presents an official identification card, as defined in s. 125.085 (1).
(d) No person to whom nitrous oxide or any nitrous oxide container is delivered may give a false name or address to a person required to keep a register under par. (a).
(4) (a) Except as provided in sub. (5), no person may deliver a cartridge of nitrous oxide to another unless the cartridge bears a label, stamp or tag that sets forth in clearly legible and conspicuous form the following warning: "Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under the age of 21. Do not inhale the contents of this cartridge. Misuse of nitrous oxide can be dangerous to your health."
(b) Except as provided in sub. (5), no person may deliver a cartridge of nitrous oxide to another unless the packaging in which the cartridge is enclosed is marked with a label or other device that indicates the name and business address of the person delivering the cartridge of nitrous oxide.
(5) Subsections (3) and (4) do not apply to a retail food establishment, as defined in s. 97.30 (1) (c).
Return to Top
|
|
|
|
|
|
|
|
|
|
|
Issues & Resources
Find the NCSLstaff member who handles the issue in which you are interested.
NCSLprovides access to current state and federal legislation and a comprehensive list of state documents, including state statutes, constitutions, legislative audits and research reports.
Members
As legislators and legislative staff, you are part of the nation's largest, most influential and only bipartisan organization of state legislators and staff.Learn about the resources NCSL has for you.
NCSL offers an array of services for legislative staff. Find out what's available.
|
|
|
|
|
|
|
|