(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) A person who knowingly violates the provisions of subsection (1) of this
section commits the offense of abusing toxic vapors. Abusing toxic vapors is a level
2 drug misdemeanor.
(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) A juvenile charged with an offense pursuant to this section is subject to
the jurisdiction of the juvenile court pursuant to section 19-2.5-103.
L. 92: Entire article R&RE, p. 366, § 1, effective July 1. L. 96: (5) amended, p. 1693, § 29, effective January 1, 1997. L. 2013: (2) amended, (SB 13-250), ch. 333, p. 1922, § 18, effective October 1. L. 2019: (2) amended, (HB 19-1263), ch. 291, p. 2678, § 3, effective March 1, 2020. L. 2021: (5) amended, (SB 21-059), ch. 136, p. 725, § 59, effective October 1.
This section is similar to former § 18-18-111 as it existed prior to 1992.
