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US Nitrous Oxide Laws (alphabetically)
Based on a search of online free legal databases. Conducted May 2002

Arizona code 13-3403.02

http://www.azleg.state.az.us/ars/13/03403%2D02.htm

13-3403.02. Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition

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.

G. For purposes of this section, "nitrous oxide container" means any container or canister exclusively containing nitrous oxide.

Arizona code 13-3403.01

http://www.azleg.state.az.us/ars/13/03403%2D01.htm

13-3403.01. Nitrous oxide containers; sale to minors; classification

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.

California penal code 381b

http://caselaw.lp.findlaw.com/cacodes/pen/369a%2D402c.html

381b.  Any person who possesses nitrous oxide or any substance

containing nitrous oxide, with the intent to breathe, inhale, or

ingest for the purpose of causing a condition of intoxication,

elation, euphoria, dizziness, stupefaction, or dulling of the senses

or for the purpose of, in any manner, changing, distorting, or

disturbing the audio, visual, or mental processes, or who knowingly

and with the intent to do so is under the influence of nitrous oxide

or any material containing nitrous oxide is guilty of a misdemeanor.

This section shall not apply to any person who is under the

influence of nitrous oxide or any material containing nitrous oxide

pursuant to an administration for the purpose of medical, surgical,

or dental care by a person duly licensed to administer such an agent.

 

Connecticut  53-345a

http://www.cga.state.ct.us/2001/pub/Chap946.htm#sec53-345a.htm

Sec. 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.
(P.A. 98-17.)

Florida 877.11

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0877/SEC111.HTM&Title=->2001->Ch0877->Section%20111

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 Family Services 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.

Georgia 16-13-79

http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/13/79&highlight=nitrous

16-13-79 G

*** CODE SECTION ***  12/03/01

   

  16-13-79.

   

  (a) Except as provided in subsections (b), (c), and (d) of this Code

  section, any person who violates this article shall be guilty of a

  misdemeanor.

   

  (b) Any person who distributes or possesses with the intent to

  distribute nitrous oxide for any use other than for a medical

  treatment prescribed by the order of a licensed medical

  practitioner, except as provided for by paragraph (16) of subsection

  (c) of Code Section 16-13-71, shall be guilty of a felony and upon

  conviction thereof shall be punished by imprisonment for not less

  than one year nor more than three years or by a fine not to exceed

  $5,000.00 or both.

   

  (c) Any person who distributes or possesses with the intent to

  distribute to any person under 18 years of age nitrous oxide for any

  use other than for a medical treatment prescribed by the order of a

  licensed medical practitioner, except as provided for by paragraph

  (16) of subsection (c) of Code Section 16-13-71, shall be guilty of

  a felony and upon conviction thereof shall be punished for not less

  than two years nor more than six years or by a fine not to exceed

  $10,000.00 or both.

Georgia

http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/13/71&highlight=nitrous

  

  (a) A "dangerous drug" means any drug other than a drug contained in

  any schedule of Article 2 of this chapter, which, under the Federal

  Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C.

  Section 301, et seq., as amended, may be dispensed only upon

  prescription.  In any civil or criminal action or other proceedings,

  a certification from the Food and Drug Administration of the United

  States Department of Health and Human Services attesting to the fact

  that a drug other than a drug contained in any schedule of Article 2

  of this chapter involved in the action or proceeding is a dangerous

  drug that federal law prohibits dispensing of without a prescription

  pursuant to the Federal Food, Drug, and Cosmetic Act shall be

  admissible as prima-facie proof that such drug is a "dangerous

  drug."

   

  (b) In addition to subsection (a) of this Code section, a "dangerous

  drug" means any other drug or substance declared by the General

  Assembly to be a dangerous drug; to include any of the following

  drugs, chemicals, or substances; salts, isomers, esters, ethers, or

  derivatives of such drugs, chemicals, or substances which have

  essentially the same pharmacological action; all other salts,

  isomers, esters, ethers, and compounds of such drugs, chemicals, or

  substances unless specifically exempted and the following devices,

  identified as "dangerous drugs":  (lists a TON of stuff……..)

648.3) Nitrous oxide -- See exceptions;

16) Nitrous oxide -- air products suppliers shall not sell

    medical grade nitrous oxide to other than licensed practitioners

    or medical suppliers; industrial grade nitrous oxide shall only be

    sold when mixed with not less than 100 parts per million of sulfur

    dioxide and used as a fuel additive for combustion

(e) The State Board of Pharmacy may delete drugs from the dangerous

  drug list set forth in this Code section.  In making such deletions

  the board shall consider, with respect to each drug, the following

  factors:

   

    (1) The actual or relative potential for abuse;

   

    (2) The scientific evidence of its pharmacological effect, if

    known;

   

    (3) The state of current scientific knowledge regarding the drug;

   

    (4) The history and current pattern of abuse, if any;

   

    (5) The scope, duration, and significance of abuse;

   

    (6) Reserved;

   

    (7) The potential of the drug to produce psychic or physiological

    dependence liability; and

   

    (8) Whether such drug is included under the Federal Food, Drug,

    and Cosmetic Act, 52 Stat. 1040 (1938), 21 U.S.C. Section 301, et

    seq., as amended.

 

Hawaii 330-8

http://www.capitol.hawaii.gov/hrscurrent/vol06_ch321-344/hrs330/hrs_330-8.htm

§330-8 Use of certain chemical substances as inhalants unlawful. It shall be unlawful for any person to use as an inhalant any substance, not a "food" as defined in section 328-1, which substance includes in its composition volatile organic solvents including amylacetate, trichloroethylene, and acetone or any other chemical substance, capable of producing upon inhalation any degree of intoxication; provided that this section shall not apply to any person using as an inhalant any such chemical substance pursuant to the direction of a physician. [L 1963, c 115, pt of §2; Supp, §53-5.5; HRS §330-8; am L 1998, c 11, §18]

Idaho title 18-1502b

http://www3.state.id.us/cgi-bin/newidst?sctid=180150002B.K

18-1502B.  POSSESSION OF INHALANTS BY MINORS. 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 18, title 16, 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.

 

 

Illinois 720 ILCS 690

http://www.legis.state.il.us/ilcs/ch720/ch720act690.htm

Sec. 0.01.  Short title.  This Act  may  be  cited  as  the  Use  of

Intoxicating Compounds Act.

(Source: P.A. 86-1324.)

 

    (720 ILCS 690/1)

    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.

(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)

 

    (720 ILCS 690/2)

    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.

(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)

 

    (720 ILCS 690/3)

    Sec. 3.  This Act shall not apply to any person who commits any  act

described  herein  pursuant  to  the  direction  or  prescription  of  a

practitioner authorized to so direct or prescribe.  For purposes of this

Section,  practitioner  shall  mean  any  person  authorized  by  law to

practice medicine in  all  its  branches  in  this  State,  to  practice

dentistry  in this State, to practice veterinary medicine in this State,

or to practice chiropody in this State.

(Source: P.A. 83-333.)

 

    (720 ILCS 690/4)

    Sec. 4. Sentence.

    (a)  Except as otherwise provided in subsection  (b),  violation  of

this Act is a Class C misdemeanor.

    (b) (1)  The  knowing ingestion of any compound, liquid, or chemical

containing the alkaloids atropine,  hyoscyamine,  or  scopolamine  is  a

Class A misdemeanor.

    (2)  The  sale, offer for sale, delivery, or giving to any person of

a compound, liquid,  or  chemical  containing  the  alkaloids  atropine,

hyoscyamine, or scopolamine is a Class 4 felony.

    (3)  This subsection (b) does not prohibit the sale, offer for sale,

delivery,  giving,  or  ingestion  of  a  compound,  liquid, or chemical

containing the alkaloids atropine, hyoscyamine, or scopolamine under the

direction or prescription of a practitioner authorized to so  direct  or

prescribe as provided in Section 3.

(Source: P.A. 89-640, eff. 1-1-97.)

 

    (720 ILCS 690/4.5)

    Sec. 4.5.  Exemption.  This Act does not apply to  the  sale,  offer

for  sale,  delivery,  or  giving  of  any  compound, liquid or chemical

containing the alkaloids atropine,  hyoscyamine,  or  scopolamine  by  a

retail merchant.

(Source: P.A. 89-640, eff. 1-1-97.)

 

 

Louisiana RS 14:93.1

http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=14&section=93.1

§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.

Added by Acts 1966, No. 110,§ 1. Amended by Acts 1975, No. 215,§ 1; Acts 1997, No. 659,§ 1

Louisiana RS 40:989

http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=40&section=989

§989. Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties

A.(1) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.

(2) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains nitrous oxide, commonly known as "laughing gas" and any amyl nitrite, commonly known as "poppers" or "snappers".

(3) The provisions hereof do not apply to the possession and use of these substances prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner or to the use as part of a manufacturing process or industrial operation.

(4) The provisions of this Section do not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products.

B. It shall be unlawful for any person to possess, buy, sell, or otherwise transfer any substance specified in Subsection A of this Section for the purpose of inducing or aiding any other person to inhale or ingest such substance or otherwise violate the provisions of Subsection A.

C. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

D. Any person who violates any of the provisions of this Section may, in the discretion of the trial judge, be required to participate in an approved drug rehabilitation program, as a condition of probation.

Acts 1988, No. 777,§ 1, eff. July 18, 1988; Acts 1992, No. 933,§ 1, eff. July 9, 1992; Acts 1993, No. 500,§ 1.

Kentucky

http://www.lrc.state.ky.us/KRS/search.idq

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.

Effective: July 15, 1980

History: Created 1980 Ky. Acts ch. 138, sec. 1, effective July 15, 1980.

 

 

Maine

http://janus.state.me.us/legis/statutes/22/title22sec2383-C.html

 

 

Title 22: HEALTH AND WELFARE
  
Subtitle 2: HEALTH
    
Part 5: FOODS AND DRUGS
      Chapter 558: MARIJUANA, SCHEDULED DRUGS, IMITATION SCHEDULED DRUGS AND HYPODERMIC APPARATUSES (HEADING: PL 1989, c. 384, @7 (rpr); PL 1997, c. 340, @4 (rpr))
        
§2383-C. Unlawful use or possession of inhalants

 


     1. Prohibited acts. A person may not intentionally or knowingly:

 


A. Inhale, ingest, apply or smell the gases, vapors or fumes of any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors or fumes for the purpose of causing intoxication, euphoria, inebriation, excitement, stupefaction or the dulling of that person's brain or nervous system; or  [1997, c. 325, §1 (new).]

 

 


B. Possess any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors with the intent to violate paragraph A.  [1997, c. 325, §1 (new).]

[1997, c. 325, §1 (new).]

 

 


     2. Exclusions. Nothing in this section applies to the inhalation of anesthesia 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. [1997, c. 325, §1 (new).]

 

 


     3. Presumption regarding violations. 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 1. [1997, c. 325, §1 (new).]

 

 


     4. Presumption regarding ingredients. For the purposes of this section, it is presumed that the ingredients in a container are, in fact, the ingredients listed on a 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. [1997, c. 325, §1 (new).]

 

 


     5. Penalties. A person who violates this section commits a civil violation for which a forfeiture, which may not be suspended except as provided in subsection 6, must be adjudged as follows:

 


A. Not less than $100 or more than $300 for the first offense;  [1997, c. 325, §1 (new).]

 

 


B. Not less than $200 or more than $500 for the 2nd offense; and  [1997, c. 325, §1 (new).]

 

 


C. Five hundred dollars for the 3rd and each subsequent offense.  [1997, c. 325, §1 (new).]

[1997, c. 325, §1 (new).]

 

 


     6. Additional orders. In addition to the civil forfeitures required by subsection 5, the judge may order the person to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution or to undergo evaluation, education or treatment with a licensed social worker or a licensed substance abuse counselor. If the judge orders the person to perform specified work or to undergo evaluation, education or treatment, the judge may suspend a forfeiture imposed pursuant to subsection 5. [1997, c. 325, §1 (new).]

 

 

Colorado  18-18-412

http://64.78.178.12/cgi-dos/statdspp.exe?W&srch=%27inhale%27&i=0&cat=FFFFFFFFFFF800&r=10&s=14962&cr=1

 

(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.

   (2) Any person who knowingly violates the provisions of subsection (1) of this section commits the offense of abusing toxic vapors. Abusing toxic vapors is a class 1 petty offense; except that no person shall receive a sentence to confinement in jail for being convicted of a first offense pursuant to this subsection (2). Any person convicted of a second or any subsequent offense pursuant to this subsection (2) may receive a sentence to confinement in jail.

   (3) For the purposes of this section, the term "toxic vapors" means the following substances or products containing such substances:

   (a) Alcohols, including methyl, isopropyl, propyl, or butyl;

   (b) Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;

   (c) Acetone;

   (d) Benzene;

   (e) Carbon tetrachloride;

   (f) Cyclohexane;

   (g) Freons, including freon 11 and freon 12;

   (h) Hexane;

   (i) Methyl ethyl ketone;

   (j) Methyl isobutyl ketone;

   (k) Naphtha;

   (l) Perchlorethylene;

   (m) Toluene;

   (n) Trichloroethane; or

   (o) Xylene.

   (4) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (3) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

   (5) Any juvenile charged with an offense pursuant to this section shall be subject to the jurisdiction of the juvenile court pursuant to section 19-2-104, C.R.S.

   Source: L. 92: Entire article R&RE, p. 366, § 1, effective July 1. L. 96: (5) amended, p. 1693, § 29, effective January 1, 1997.

 

 

 

Iowa  126.22

http://www2.legis.state.ia.us/IACODE/1999/126/22.html#xml=http://staffweb.legis.state.ia.us/search97cgi/s97is.dll?action=View&VdkVgwKey=http%3A%2F%2Fwww2%2Elegis%2Estate%2Eia%2Eus%2FIACODE%2F1999%2F126%2F22%2Ehtml&doctype=xml&Collection=New+Main&QueryZip=nitrous+oxide&

 

126.22  Nitrous oxide.

1.  Unlawful possession.  Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide, is guilty of a serious misdemeanor. This subsection shall not apply to a person who is under the influence of nitrous oxide or any material containing nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.

2.  Unlawful distribution.  Any person who distributes nitrous oxide, or possesses nitrous oxide with intent to distribute to any other person, if such distribution is with the intent to induce unlawful inhaling of the substance or is with the knowledge that the other person will unlawfully inhale the substance, is guilty of a serious misdemeanor.

Massachusetts

http://www.state.ma.us/legis/laws/mgl/270-18.htm

Chapter 270: Section 18. Substance having property of releasing toxic vapors; sale, possession and use.

Section 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.

Title 22: HEALTH AND WELFARE
  
Subtitle 2: HEALTH
    
Part 5: FOODS AND DRUGS
      Chapter 558: MARIJUANA, SCHEDULED DRUGS, IMITATION SCHEDULED DRUGS AND HYPODERMIC APPARATUSES (HEADING: PL 1989, c. 384, @7 (rpr); PL 1997, c. 340, @4 (rpr))
        
§2383-C. Unlawful use or possession of inhalants

 


     1. Prohibited acts. A person may not intentionally or knowingly:

 


A. Inhale, ingest, apply or smell the gases, vapors or fumes of any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors or fumes for the purpose of causing intoxication, euphoria, inebriation, excitement, stupefaction or the dulling of that person's brain or nervous system; or  [1997, c. 325, §1 (new).]

 

 


B. Possess any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors with the intent to violate paragraph A.  [1997, c. 325, §1 (new).]

[1997, c. 325, §1 (new).]

 

 


     2. Exclusions. Nothing in this section applies to the inhalation of anesthesia 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. [1997, c. 325, §1 (new).]

 

 


     3. Presumption regarding violations. 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 1. [1997, c. 325, §1 (new).]

 

 


     4. Presumption regarding ingredients. For the purposes of this section, it is presumed that the ingredients in a container are, in fact, the ingredients listed on a 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. [1997, c. 325, §1 (new).]

 

 


     5. Penalties. A person who violates this section commits a civil violation for which a forfeiture, which may not be suspended except as provided in subsection 6, must be adjudged as follows:

 


A. Not less than $100 or more than $300 for the first offense;  [1997, c. 325, §1 (new).]

 

 


B. Not less than $200 or more than $500 for the 2nd offense; and  [1997, c. 325, §1 (new).]

 

 


C. Five hundred dollars for the 3rd and each subsequent offense.  [1997, c. 325, §1 (new).]

[1997, c. 325, §1 (new).]

 

 


     6. Additional orders. In addition to the civil forfeitures required by subsection 5, the judge may order the person to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution or to undergo evaluation, education or treatment with a licensed social worker or a licensed substance abuse counselor. If the judge orders the person to perform specified work or to undergo evaluation, education or treatment, the judge may suspend a forfeiture imposed pursuant to subsection 5. [1997, c. 325, §1 (new).]

 

 

 

   

Michigan 752.272

http://michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-752-272&highlight=

752.272 Inhalation or consumption of chemical agent prohibited; anesthesia inhalation excepted. [M.S.A. 28.643(12) ]

Sec. 2. No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent or intentionally drink, eat or otherwise introduce any chemical agent into his respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.

History: 1967, Act 119, Eff. Nov. 2, 1967 ;--Am. 1969, Act 206, Eff. Mar. 20, 1970 .

 

http://michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-752-272a&highlight=

752.272a Sale or distribution of device containing or dispensing nitrous oxide; prohibition; exceptions; violation; penalty; “prior conviction” defined.

Sec. 2a. (1) A person shall not sell or otherwise distribute to another person any device that contains any quantity of nitrous oxide or sell or otherwise distribute a device to dispense nitrous oxide for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system. This subsection does not apply to nitrous oxide that has been denatured or otherwise rendered unfit for human consumption or to any of the following: (a) A person licensed under the food processing act of 1977, 1978 PA 328, MCL 289.801 to 289.810, or chapter VII of the food law of 2000, 2000 PA 92, MCL 289.7101 to 289.7137, who sells or otherwise distributes the device as a grocery product.

(b) A person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or selling or distributing compressed gases for industrial or medical use who sells or otherwise distributes the device in the course of that business.

(c) A pharmacist, pharmacist intern, or pharmacy as defined in section 17707 of the public health code, 1978 PA 368, MCL 333.17707, who dispenses the device in the course of his or her duties as a pharmacist or pharmacist intern or as a pharmacy.

(d) A health care professional.

(2) A person who violates subsection (1) is guilty of a crime as follows: (a) Except as provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(b) If the person has 1 prior conviction, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.

(c) If the person has 2 or more prior convictions, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(3) As used in this section, “prior conviction” means a previous violation of this section or a law of another state, a law of a local unit of government of this state or another state, or a law of the United States substantially corresponding to this section.

History: 2000, Act 299, Eff. Jan. 1, 2001 .

 

Minnesota  609.684

http://www.revisor.leg.state.mn.us/stats/609/684.html

609.684 Sale of toxic substances to children; abuse of

  toxic substances.

 

    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.

 

    Subd. 4.    Notice required.  (a) A business

 establishment that offers for sale at retail any toxic substance

 must display a conspicuous sign that contains the following, or

 substantially similar, language:

                             "NOTICE

 It is a misdemeanor for a person to use or possess glue, cement,

 aerosol paint, with the intent of inducing intoxication,

 excitement, or stupefaction of the central nervous system.  This

 use can be harmful or fatal."

(b) A business establishment may omit from the required

 notice references to any toxic substance that is not offered for

 sale by that business establishment.

   (c) A business establishment that does not sell any toxic

 substance listed in subdivision 1 other than butane or butane

 lighters is not required to post a notice under paragraph (a).

 HIST: 1992 c 485 s 2; 1997 c 239 art 3 s 18

Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota.

 

Mississippi 97-27-33

http://198.187.128.12/mississippi/lpext.dll?f=templates&fn=fs-main.htm&2.0

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. 

 

Sources: Codes, 1942, § 2329.5; Laws,  1968, ch. 347, §§ 1-4, eff from and after thirty days after passage (approved July 12, 1968).

 

 

 

Nebraska 28-419

http://statutes.unicam.state.ne.us/Corpus/statutes/chap28/R2804019_28-419.html

28-419

Inhaling or drinking certain compounds; unlawful.

 

                   No person shall induce or entice any person to

breathe,  inhale  or  drink  any  compound,  liquid  or  chemical

containing   acetate,   acetone,    benzene,    butyl    alcohol,

cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride,

ethylene  trichloride,  hexane,  isopropanol,  isopropyl alcohol,

methyl alcohol, methyl cellosolve acetate, methyl  ethyl  ketone,

methyl   isobutyl  ketone,  pentachlorophenol,  petroleum  ether,

toluene, toluol, trichloroathane, trichloroethylene, or any other

substance  for  the  purpose   of   inducing   a   condition   of

intoxication,  stupefaction,  depression,  giddiness,  paralysis,

inebriation, excitement, or irrational behavior, or in any manner

changing, distorting or disturbing the auditory,  visual,  mental

or  nervous  processes.    For the purposes of sections 28-419 to

28-424,  any  such  condition  so  induced  shall  be  deemed  an

intoxicated condition

.

Nevada 454.346

http://www.leg.state.nv.us/NRS/NRS-454.html#NRS454Sec346

NRS 454.346 Use or possession with intent to use drug, chemical, poison or organic solvent to induce euphoria or hallucinations unlawful; exception.

      1.  Any person who inhales, ingests, applies or otherwise uses or possesses with the intent to inhale, ingest, apply or otherwise use any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb his eyesight, thinking processes, balance or coordination or to affect his central nervous system is guilty of a misdemeanor.

      2.  The provisions of this section do not apply to a person who uses or intends to use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when the drug, chemical, poison or organic solvent is used or intended for use in keeping with the directions for use as given by the physician.

      (Added to NRS by 1973, 75; A 1983, 242)

New Hampshire 644:5

http://gencourt.state.nh.us/rsa/html/lxii/644/644-5-a.htm

644:5-a Inhaling Toxic Vapors for Effect. – A person is guilty of a violation if he 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. Any court finding that a minor is guilty of a second offense under this section may order the minor to the nearest mental hygiene clinic for examination prior to sentencing. The clinic shall report any finding it makes to the court. The court may order commitment to a public institution, including the New Hampshire hospital for care and treatment as the findings warrant. The court may thereafter modify the order as justice requires.

Source. 1971, 518:1, eff. Nov. 1, 1973

 

New Jersey 24:6G-1

http://www.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=88311&Depth=2&TD=WRAP&advquery=nitrous%20oxide&depth=4&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&rank=&record={93FF}&softpage=Doc_Frame_PG42&wordsaroundhits=2&zz=

24:6G-1.  Control or possession without written permit;  prohibition; exceptions
    It shall be unlawful for any person or persons, except a duly licensed physician, dentist, veterinarian, nurse, hospital, sanitarium or other medical institution, or a resident physician or intern of a hospital, sanitarium or other medical institution, to have under control or possess nitrous oxide in any form unless the person obtains a written permit issued by the Department of  Health;  except that no person under 19 years of age shall have under his control or possess nitrous oxide .

     L.1982, c. 127, s. 1, eff. Sept. 3, 1982.

New Mexico 15.6.15.12

http://www.nmcpr.state.nm.us/nmac/parts/title15/15.006.0015.htm

15.6.15.13.        PROHIBITED DRUGS OR FOREIGN SUBSTANCES DESIGNED FOR INGESTION: The following drug or foreign substance classifications are prohibited except as otherwise indicated:

            A.         Stimulants:  All stimulants are banned with the following exceptions:

                    (1)     Caffeine – Provided, however, that an amount greater than 12 mcg/ml in the urine is prohibited.

                    (2)     Beta 2 Agonist – Provided that it is selected from the following list and is in aerosol or inhalant form only:

                              (a)     Drug Chemical:  Bitolterol Mesylate;  Brand Name:  Tornalate

                              (b)     Drug Chemical:  Metaproterenol Sulfate;  Brand Name:  Alupent or Metaprel

                              (c)     Drug Chemical:  Albuterol Sulfate;  Brand Name:  Ventolin or Proventil

                              (d)     Drug Chemical:  Terbutaline Sulfate;  Brand Name:  Brethaire

            B.         Narcotics

            C.         Anabolic Steroids, Including Growth Hormone

            D.         Diuretics

            E.         Alcohol

            F.         Local Anesthetics

            G.         Corticosteroids

[15.6.15.13 NMAC – N, 03-23-2002

 

North Carolina 90-113.10

http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_90/GS_90-113.10.html

§ 90-113.10.  Inhaling fumes for purpose of causing

       intoxication.

  It is unlawful for any person to knowingly breathe or

inhale any compound, liquid, or chemical containing toluol,

hexane, trichloroethane, isopropanol, methyl isobutyl ketone,

methyl cellosolve acetate, cyclohexanone, or any other substance

for the purpose of inducing a condition of intoxication. This

section does not apply to any person using as an inhalant any

chemical substance pursuant to the direction of a physician or

dentist. (1971, c. 1208, s. 1; 1979, c. 671, s. 2.)

 

§ 90-113.11.  Possession of substances.

  It is unlawful for any person to possess any compound,

liquid, or chemical containing toluol, hexane, trichloroethane,

isopropanol, methyl isobutyl ketone, methyl cellosolve acetate,

cyclohexanone, or any other substance which will induce a

condition of intoxication through inhalation for the purpose of

violating G.S. 90- 113.10. (1971, c. 1208, s. 1; 1979, c. 671,

s. 3.)

 

 

§ 90-113.12.  Sale of substance.

  It is unlawful for any person to sell, offer to sell,

deliver, give, or possess with the intent to sell, deliver, or

give any other person any compound, liquid, or chemical

containing toluol, hexane, trichloroethane, isopropanol, methyl

isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or

any other substance which will induce a condition of

intoxication through inhalation if he has reasonable cause to

suspect that the product sold, offered for sale, given,

delivered, or possessed with the intent to sell, give, or

deliver, will be used for the purpose of violating G.S. 90-

113.10. (1971, c. 1208, s. 1; 1979, c. 671, s. 4.)

 

Ohio 2925.31

http://onlinedocs.andersonpublishing.com/revisedcode/

§ 2925.31 Abusing harmful intoxicants. 

Text of Statute

(A) Except for lawful research, clinical, medical, dental, or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess, or use a harmful intoxicant.

(B) Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a felony of the fifth degree.

(C) In addition to any other sanction imposed for a violation of this section, the court shall suspend for not less than six months or more than five years the driver's or commercial driver's license or permit of any person who is convicted of or has pleaded guilty to a violation of this section. If the offender is a professionally licensed person or a person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules, in addition to any other sanction imposed for a violation of this section, the court forthwith shall comply with section 2925.38 of the Revised Code.

2925.32 Trafficking in harmful intoxicants; improperly dispensing or distributing nitrous oxide. 

Text of Statute

(A) Divisions (A)(1) and (2) of this section do not apply to the dispensing or distributing of nitrous oxide.

(1) No person shall knowingly dispense or distribute a harmful intoxicant to a person age eighteen or older 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.

(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:

(a) Dispensing or distributing a harmful intoxicant to a person under age eighteen if a written order from the juvenile's parent or guardian is provided to the dispenser or distributor;

(b) Dispensing or distributing gasoline or diesel fuel to a person under age eighteen if the dispenser or distributor does not know or have reason to believe the product will be used in violation of section 2925.31 of the Revised Code. Division (A)(2)(a) of this section does not require a person to obtain a written order from the parent or guardian of a person under age eighteen in order to distribute or dispense gasoline or diesel fuel to the person.

(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.

(D)(1) Whoever violates division (A)(1) or (2) or division (B)(1), (2), or (3) of this section is guilty of trafficking in harmful intoxicants, a felony of the fifth degree. If the offender previously has been convicted of a drug abuse offense, trafficking in harmful intoxicants is a felony of the fourth degree. In addition to any other sanction imposed for trafficking in harmful intoxicants, the court shall suspend for not less than six months or more than five years the driver's or commercial driver's license or permit of any person who is convicted of or has pleaded guilty to trafficking in harmful intoxicants. If the offender is a professionally licensed person or a person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules, in addition to any other sanction imposed for trafficking in harmful intoxicants, the court forthwith shall comply with section 2925.38 of the Revised Code.

(2) Whoever violates division (B)(4)(a) or (b) of this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.

(E) It is an affirmative defense to a charge of a violation of division (A)(2) or (B)(2) of this section that:

(1) An individual exhibited to the defendant or an officer or employee of the defendant, for purposes of establishing the individual's age, a driver's license or permit issued by this state, a commercial driver's license or permit issued by this state, an identification card issued pursuant to section 4507.50 of the Revised Code, for * another document that purports to be a license, permit, or identification card described in this division;

(2) The document exhibited appeared to be a genuine, unaltered document, to pertain to the individual, and to establish the individual's age;

(3) The defendant or the officer or employee of the defendant otherwise did not have reasonable cause to believe that the individual was under the age represented.

(F) Beginning July 1, 2001, a person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distributing of the nitrous oxide on a separate card. The person shall require the purchaser to sign the card and provide a complete residence address. The person dispensing or distributing the nitrous oxide shall sign and date the card. The person shall retain the card recording a transaction for one year from the date of the transaction. The person shall maintain the cards at the person's business address and make them available during normal business hours for inspection and copying by officers or employees of the state board of pharmacy or of other law enforcement agencies of this state or the United States that are authorized to investigate violations of Chapter 2925., 3719., or 4729. of the Revised Code or the federal drug abuse control laws.

The cards used to record each transaction shall inform the purchaser of the following:

(1) That nitrous oxide cartridges are to be used only for purposes of preparing food;

(2) That inhalation of nitrous oxide can have dangerous health effects;

(3) That it is a violation of state law to distribute or dispense cartridges of nitrous oxide to any person under age twenty-one, punishable as a felony of the fifth degree.

(G)(1) Each cartridge of nitrous oxide dispensed or distributed in this state shall bear the following printed warning:

"Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under age twenty-one. Do not inhale contents. Misuse can be dangerous to your health."

(2) Each time a person dispenses or distributes one or more cartridges of nitrous oxide, the person shall mark the packaging containing the cartridges with a label or other device that identifies the person who dispensed or distributed the nitrous oxide and the person's business address.

 

Oregon 1.1

http://www.leg.state.or.us/99orlaws/sess0200.dir/0229ses.html

Chapter 229 Oregon Laws 1999

Session Law

AN ACT

HB 3276

Relating to inhalants; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) For the purposes of this section:

(a) "Inhalant" means any glue, cement or other substance that is capable of causing intoxication and that contains one or more of the following chemical compounds:

(A) Acetone;

(B) Amyl acetate;

(C) Benzol or benzene;

(D) Butane;

(E) Butyl acetate;

(F) Butyl alcohol;

(G) Carbon tetrachloride;

(H) Chloroform;

(I) Cyclohexanone;

(J) Difluoroethane;

(K) Ethanol or ethyl alcohol;

(L) Ethyl acetate;

(M) Hexane;

(N) Isopropanol or isopropyl alcohol;

(O) Isopropyl acetate;

(P) Methyl cellosolve acetate;

(Q) Methyl ethyl ketone;

(R) Methyl isobutyl ketone;

(S) Nitrous oxide;

(T) Toluol or toluene;

(U) Trichloroethylene;

(V) Tricresyl phosphate;

(W) Xylol or xylene; or

(X) Any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors or fumes.

(b) "Intoxication" means any mental or physical impairment or incapacity.

(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 18.550, 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 18.550.

(5)(a) Any person who violates this section commits a violation. Notwithstanding ORS 161.635 (3), 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.

SECTION 2. (1) For purposes of this section, "inhalant" has the meaning given that term in section 1 of this 1999 Act.

(2) The Assistant Director for Alcohol and Drug Abuse Programs appointed under ORS 409.410 shall develop education resources focusing on the problem of inhalant abuse by minors. The assistant director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The assistant 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 assistant director shall develop education resources focusing on merchants that sell products that contain inhalants. The assistant 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.

(4) The assistant director shall develop and print a standard sign for the purposes of subsection (3) of this section, and shall make the sign available to merchants that elect to display the sign. The sign shall:

(a) Contain the message, "Illegal to inhale fumes for purpose of intoxication. Fumes may cause serious injury or death!!"

(b) Be at least five by seven inches in size with lettering that is at least three-eighths of an inch in height.

(c) Contain a graphic depiction of the message to convey the message to a person who cannot read the message. If the depiction includes a picture of a person, the depiction of the person shall be of a minor and shall not reflect any specific race or culture.

(5) The sign developed under subsection (4) of this section shall be in English and in such other languages as may be commonly used in this state. Merchants shall be encouraged to post signs in languages other than English if English is not the primary language of a significant number of the patrons of the business.

SECTION 3. Section 2 of this 1999 Act becomes operative on January 1, 2000.

SECTION 4. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor June 7, 1999

Filed in the office of Secretary of State June 7, 1999

Effective date June 7, 1999

 

Rhode Island 11-48-2

http://www.rilin.state.ri.us/Statutes/TITLE11/11-48/S00002.HTM

§ 11-48-2  Sale, possession, and use. – 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. No person shall possess, buy, or sell any substance of this kind for the purpose of violating or aiding another to violate this chapter. This chapter does not apply to the inhalation of anesthesia for medical or dental purposes.

 

South Carolina 44-53-1110

http://www.lpitr.state.sc.us/code/t44c053.htm

SECTION 44-53-1110. Aromatic hydrocarbons shall not be used as intoxicants.

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 substance containing aromatic hydrocarbons; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes.

SECTION 44-53-1120. Unlawful use or possession of aromatic hydrocarbons.

No person shall, for the purpose of violating Section 44-53-1110, use or possess for the purpose of so using, any substance containing aromatic hydrocarbons.

SECTION 44-53-1130. Penalties.

Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days.

South Dakota 22-42-15

http://legis.state.sd.us/statutes/index.cfm?FuseAction=DisplayStatute&txtStatute=22-42-15&FindType=Statute

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.

 

Texas 484.003

http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=ZTEMAINLYDHT&CQ_QUERY_HANDLE=124005&CQ_CUR_DOCUMENT=2&CQ_TLO_DOC_TEXT=YES

484.003. Possession and Use; Criminal Penalty

     (a) A person commits an offense if the person inhales, ingests, applies, uses, or possesses a substance containing a volatile chemical with the intent to inhale, ingest, apply, or use the substance in a manner:

     (1) contrary to directions for use, cautions, or warnings appearing on a label of a container of the substance; 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.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.

 

Utah 76-10-107

http://www.livepublish.le.state.ut.us/lpBin20/lpext.dll?f=templates&fn=main-hit-h.htm&2.0

Abuse of psychotoxic chemical solvents.    

  (1)    A person is guilty of abuse of psychotoxic chemical solvents if:

       (a)    For the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, he intentionally:

       (i)    smells or inhales the fumes of any psychotoxic chemical solvent; or

       (ii)    possesses, purchases, or attempts to possess or purchase any psychotoxic chemical solvent.

       (b)    Knowing or believing that a purchaser or another intends to use a psychotoxic chemical in violation of Subsection (1)(a), he sells or offers to sell any psychotoxic chemical solvent.

       (2)    This section shall not apply to the prescribed use, distribution, or sale of those substances for medical or dental purposes.

       (3)    Abuse of psychotoxic chemical solvents is a class B misdemeanor.

       (4)    As used in this section, psychotoxic chemical solvent includes any glue, cement, or other substance containing one 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.  Nothing in this section shall be construed to include any controlled substance regulated by the provisions of Title 58, Chapter 37, Utah Controlled Substances Act.

 

Vermont 1510

http://198.187.128.12/vermont/lpext.dll?f=templates&fn=fs-main.htm&2.0

 

  § 1510. Improper possession, use or sale of glues and hazardous inhalants; penalty.

(a)  As used in this section: 

(1) "Glue containing a solvent having the property of releasing toxic vapors or fumes" means 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. 

 

 (2) "Hazardous inhalants" means any of the preparation 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. 

 

 

 

 

 

 

 

 (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. 

 (d)  A person who violates this section shall be fined not more than $25.00. 

 

 (e)  The state's attorney may require as a condition of diversion that a person who is charged with a violation of this section shall attend and complete a substance abuse program at the person's own expense. A person who is convicted of violating this section and who is placed on probation, shall, as a condition of probation, be required to attend and complete a substance abuse program at the person's own expense. 

 

 

 

Virginia 18.2-264

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-264

§ 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.

 Wisconsin 941.315

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=185682&infobase=stats.nfo&jump=ch.%20941

941.315       pdf icon

941.315 Possession, distribution or delivery of nitrous oxide.  

941.315(1)       pdf icon

(1) In this section:

 
941.315(1)(a)       pdf icon

(a)  "Deliver" or "delivery" means the actual, constructive or attempted transfer of nitrous oxide or a substance containing nitrous oxide from one person to another.

 
941.315(1)(b)       pdf icon

(b)  "Distribute" means to deliver, other than by administering.

 
941.315(2)       pdf icon

(2) Whoever does any of the following is guilty of a Class A misdemeanor:

 
941.315(2)(a)       pdf icon

(a)  Possesses nitrous oxide or a substance containing nitrous oxide with the intent to inhale the nitrous oxide.

 
941.315(2)(b)       pdf icon

(b)  Intentionally or otherwise inhales nitrous oxide.

 
941.315(3)       pdf icon

(3) Whoever does any of the following is guilty of a Class D felony:

 
941.315(3)(a)       pdf icon

(a)  Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide to a person who has not attained the age of 21.

 
941.315(3)(b)       pdf icon

(b)  Distributes or delivers, or possesses with intent to distribute or deliver, nitrous oxide or a substance containing nitrous oxide to a person aged 21 years or older knowing or having reason to know that the person will use the nitrous oxide in violation of sub. (2).

 
941.315(3)(c)       pdf icon

(c)  Distributes or delivers to a person aged 21 years or older any object used, designed for use or primarily intended for use in inhaling nitrous oxide at the same time that he or she distributes or delivers nitrous oxide or a substance containing nitrous oxide to the person.

 
941.315(5)       pdf icon

(5) 

941.315(5)(a)       pdf icon

(a)  Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or dentist or at the direction or under the supervision of a physician or dentist.

 
941.315(5)(b)       pdf icon

(b)  Subsection (3) does not apply to the administration of nitrous oxide by a physician or dentist, or by another person at the direction or under the supervision of a physician or dentist, for the purpose of providing medical or dental care.

 
941.315(5)(c)       pdf icon

(c)  Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or dentist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.
 

941.315 - ANNOT.       pdf icon

       History: 1997 a. 336.

 
941.32       pdf icon

941.32 Administering dangerous or stupefying drug.  Whoever administers to another or causes another to take any poisonous, stupefying, overpowering, narcotic, or anesthetic substance with intent thereby to facilitate the commission of a crime is guilty of a Class C felony.

 
941.32 - ANNOT.       pdf icon

       History: 1977 c. 173.

 
941.325       pdf icon

941.325 Placing foreign objects in edibles.  Whoever places objects, drugs or other substances in candy or other liquid or solid edibles with the intent to cause bodily harm to another person is guilty of a Class E felony.

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