Capital Area Substance Abuse Council (CASAC)

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Inhalant Laws

State Laws on Inhalant Use

Information provided by the Office of Legislative Research, July 2009.

SUMMARY
Connecticut law bans the unauthorized manufacture or compounding, possession, control, sale, delivery, or administration of any “restricted substance. ” It defines restricted substances as amyl nitrite and specific volatile substances if they are sold, compounded, possessed or controlled, or delivered or administered to another person for breathing, inhaling, sniffing, or drinking to induce a stimulant, depressant, or hallucinogenic effect. Violators can be fined up to $ 100.

Twenty-four states specifically ban the use, possession, or sale or other distribution of inhalants. Most define inhalants as products like glue and solvents that can cause mind-altering effects; many specify chemical compounds that, when present in a product, make it an inhalant. Nearly all the states apply the prohibition to anyone who uses or delivers a banned product; a few apply it only to minors. In over half the states, the person inhaling the substance must intend to become intoxicated or distort his or her senses; many also require a person distributing an inhalant to know that it would be abused. In nearly all states, violations are misdemeanors. Penalties range from $ 25 fines to $ 10,000 fines and from 30 days or less in jail to up to six years in prison.

INHALANTS — BACKGROUND
Inhalants are breathable chemical vapors or gases that produce mind-altering effects when inhaled. They include a broad range of common products such as model airplane glue, octane booster, spot remover, and vegetable cooking spray (volatile solvents); hair spray, air freshener, and fabric protector (aerosols); nitrous oxide, butane, and helium (gases); and amyl, butyl, and isobutyl nitrites (nitrites). Side effects associated with inhalant use include dizziness, hallucinations, apathy, and impaired judgment. Continued use can result in weight loss, muscle weakness, disorientation, and depression, while chronic abuse may cause serious and sometimes irreversible heart, liver, kidney, lung, or brain damage.

CONNECTICUT INHALANT LAW
Connecticut law bans the unauthorized manufacture, compounding, possession, control, sale, delivery, or administration of any “restricted substance. ” It defines restricted substances to include amyl nitrite and specific volatile substances to the extent they are sold, prescribed, dispensed, compounded, possessed or controlled, or delivered or administered to another person for breathing, inhaling, sniffing, or drinking to induce a stimulant, depressant, or hallucinogenic effect. Vendors of volatile substances break the law only if they knew or should have known that the substance was to be used for illicit purposes.

The restricted substances listed in statute are: acetone; benzene; butyl alcohol; butyl nitrate and its salts, isomers, esters, ethers or their salts; cyclohexanone; dichlorodifluoromethane; ether; ethyl acetate; formaldehyde; hexane; isopropanol; methanol; methyl cellosolve acetate; methyl ethyl ketone; methyl isobutyl ketone; nitrous oxide; pentachlorophenol; toluene; toluol; trichloroethane; trichloroethylene; 1,4 butanediol. The consumer protection commissioner can designate more restricted substances by regulation (see Conn. Agency Regs. , 21a-243-1 to -4).

There is no specific penalty for violating this law, consequently the penalty is a fine of up to $ 100 (the general penalty when none is expressly provided, CGS § 54-195). The law presumes that anyone found to have inhaled or to be under the influence of one of these substances is psychologically dependent on them and, it provides that, to the extent possible, individuals who breathe, inhale, sniff, or drink these substances are to be afforded medical treatment rather than criminal sanctions (CGS §§ 21a-240(49), -245, -254, -279(f), -281).

OTHER STATES' INHALANT LAWS

Criminal Laws
Twenty-four states specifically ban the use, possession, or sale or other distribution of inhalants, according to a 2007 compilation of laws from the National Conference of State Legislatures, which we updated. Table 1 (below) summarizes these laws.

Most states broadly define inhalants as types of products (e. g. , glue and aerosols) that can produce mind-altering effects, and many, like Connecticut, specify the chemical compounds whose presence makes a product an inhalant. Five states specifically target nitrous oxide in addition to other substances.

In nearly all the states, the prohibitions apply to anyone who uses or delivers a banned product. But Arizona's, Idaho's, and Illinois's laws apply only to minors. Over half the states require the person to use the substance with the intention of becoming intoxicated, euphoric, elated, or stupefied or distorting his or her senses. Many states also require someone distributing an inhalant to know that it would be abused. Most states make exceptions for people using anesthesia for medical or dental purposes or using substances under a healthcare practitioner's direction. And some states exempt glue sold in hobby kits.

In most states, violations of these laws are misdemeanors. Penalties range from $ 25 fines to $ 10,000 fines and from 30 days or less in jail to up to six years in prison.

A limited electronic search of statutes also found that several states—Alaska, Georgia, Kentucky, New Jersey, Utah, and Vermont—specifically include inhalants in their laws governing driving under the influence of drugs and alcohol. We can provide more information on this topic at your request.
Education

Oregon and California require state-level inhalant education efforts. Oregon requires its Human Services Department to develop education resources for: (1) parents, focusing on inhalant abuse by minors and the risks of inhalant use and (2) for merchants, encouraging them to post signs informing the public that inhalant use is illegal and potentially deadly. California includes inhalants in its drug abuse prevention and suppression program. This program awards funds to local law enforcement agencies and schools that jointly develop programs to address drug trafficking in and around school campuses. Programs can include drug traffic interventions, school- and classroom-oriented programs designed to increase awareness of drugs' effects, and family-oriented prevention programs.

STATE	PROHIBITED SUBSTANCE	PROHIBITED ACTS	INTENDED TO:	DOES NOT APPLY TO:	PENALTIES
Arizona	Vapor-releasing substance containing a toxic substance Nitrous oxide (NO)	Breathe, inhale, drink Sell, transfer, offer to sell to someone < 18 < 18 & using false ID to obtain NO <18 & soliciting someone to sell NO	Not specified	Sales made in the normal course of business by licensed commercial establishments and their employees that regularly sell these products	Breathe, inhale, drink, sell, offer to sell vapor-releasing substance or NO: 6 months to 2. 5 years in prison Using false ID to obtain NO: 6 months in prison <18 & soliciting someone to sell NO: 30 days in prison
California	Material containing toluene Substances that have toxic qualities similar to toluene as determined by Health Services Dept. Glue, cement, paint, paint thinner, solvents	Possess or knowingly be under influence Sell, dispense, distribute to someone <18	Cause intoxication, stupefaction, elation, euphoria, dizziness; change, distort, disturb auditory, visual, mental process	Sale of: gasoline or motor vehicle fuel to someone <18 glue certified by Health Services Dept. glue that is part of model or hobby kit	Possession & being under influence: fine up to $ 1,000, up to six months in county jail, or both Sale <18: Fine between $ 1,000 and $ 2,500 or between 6 months and 1 year in prison
Colorado	Fumes of products containing specified chemical compounds	Knowingly: smell or inhale possess, sell, or use aid anyone to use	Cause euphoria, excitement, stupefaction, or dulled senses	Inhaling anesthesia or other substances for medical or dental purposes	Fine up to $ 500, up to 6 months in prison, or both No prison term for 1st offense
Florida	Compounds, liquids, or chemicals containing specified chemical compounds NO	Inhale, ingest, possess Possess, buy, sell with intent to aid anyone to inhale sell, purchase, transfer, or possess > 16 grams of NO	Induce intoxication or disturb auditory, visual, or mental processes	Possession of substances used in medical treatmen	Inhale, possess, or aid inhaling of specified substances: up to 60 days in prison Sell, purchase, transfer, or possess NO: up to 5 years in prison
Georgia	Glue, solvent, or other substance containing specified chemical compounds	Intentionally inhale Possess, sell, transfer, receive to aid someone to inhale Sell or transfer to minor Minor possess or buy	Cause euphoria, excitement, stupefaction, or dulled senses	Inhaling anesthesia for medical or dental purposes Minor who has parental permission to purchase	Fine up to $ 1,000, 1 year in jail, or both
Hawaii	Substance that includes volatile organic solvents or capable of producing intoxication when inhaled	Use	Not specified	No exceptions specified	Fine up to $100, up to 3 mo. in prison, or both
Idaho	Aerosol spray product or other inhalant (glue, cement, or other substance containing specified chemical compounds)	Possess or use by minor	Induce intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior; change, distort, disturb auditory, visual, mental process	Use that follows a doctor's or manufacturer's instructions	Fine up to $ 300, 30 days in juvenile detention, or both
Illinois	Compound, liquid, chemical containing specified chemical compounds	Use Sell or deliver to anyone <17 knowing product will be abused	Induce intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior; change, distort, disturb auditory, visual, mental process	Sale to <17 year old with written parental permission	Up to 30 days in prison
Kentucky	Glue, cement, paint, or other substance containing a solvent or chemical that releases toxic vapors	Intentionally smell or inhale fumes Intentionally sell, deliver, or give	Cause intoxication, inebriation, stupefaction, dulling of brain or nervous system; distort auditory, visual, mental processes	No exceptions specified	Use: Up to 90 days in prison or placement in a treatment facility for up to 90 days Sale: 1 to 5 years in prison
Louisiana	Model glue, toxic vapors	Intentionally smell or inhale Sell or transfer glue to a minor	Cause intoxication, elation, euphoria, dizziness, irrational behavior, dulling of senses; change or distort audio, visual, mental processes	Inhaling anesthesia for medical or dental purposes	$25 to $ 100 fine, up to 90 days in prison, or both
Maryland	Drugs, substance, or chemical that contains any specified chemical compound	Deliberately smell or inhale Distribute or possess with intent to distribute with intent to induce unlawful inhaling or knowledge that substance will be inhaled Instruct someone in how to inhale Distribute a butane canister to a minor	Cause intoxication, excitement, exhilaration, stupefaction, or dulling of the brain or nervous system	No exceptions specified	Use: Fine up to $ 500, six month in prison, or both Distribution, Instruction: Fine up to $ 1,000, up to 18 months in prison, or both
Massachusetts	Any substance having the property of releasing toxic vapors	Intentionally smell or inhale Possess, buy, or sell to aid someone to violate law Sell glue to minor	Cause intoxication, excitement, exhilaration, stupefaction, or dulling of the brain or nervous system	Inhaling anesthesia for medical or dental purposes	Use, sale, possession with intent to sell: Fine up to $ 200, up to 6 month in prison, or both
Minnesota	Glue, cement, or aerosol spray contain specified chemical compounds Butane lighters Similar substances health commissioner declares to be toxic to central nervous system and subject to abuse	Use Intentionally aid someone to use	Induce intoxication, excitement, or stupefaction of central nervous system	Use under a doctor's supervision	Fine up to $ 1,000, 90 days in prison, or both
New Hampshire	Any substance that can release toxic vapors	Purposely smell or inhale fumes	Cause intoxication, euphoria, excitement, stupefaction, or dulled sensation of central nervous system	Inhaling anesthesia for medical or dental purposes	Fine up to $ 1,000 or conditional discharge for up to 1 year
New York	Glue, cement, or compound containing specified chemical compounds NO	Intentionally inhale fumes Use NO Possess for purpose of using Sell or offer to sell, knowing product will be used to violate law	Cause intoxication, inebriation, excitement, stupefaction or dulling of brain or nervous system	Inhaling anesthesia for medical or dental purposes Sales for industrial use Use of NO in industrial, medical, or dental applications	Use or possession: Fine up to $ 50, up to 5 days in jail, or both Use of NO: Fine of between $ 500 and $ 1,000, up to 1 year in prison, or both Sale: Fine of between $ 500 and $ 1,000, up to 1 year in prison, or both
North Carolina	Compound, liquid, or chemical containing specified chemical compounds	Knowingly inhale Possess Sell, offer to sell, possess with intent to sell, deliver	Induce intoxication	Use at direction of medical provider	Use or possession: for 1st offense, probation for up to 1 year on condition of participation in drug education program; subsequent offense, Sale: Up to 6 months in prison
Ohio	Any compound or substance whose fumes or vapor when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, including: specified product types, aerosols, and anesthesia	Obtain, possess, or use Knowingly dispense or distribute to minor Knowingly dispense or distribute nitrous oxide to person < 21 Sell a device that permits someone to inhale nitrous oxide	Induce intoxication or similar physiological effects	Dispensing NO for medical, dental, or clinical purposes Products used in making, transporting, or constructing other products for sale Products used in mining, refining, or processing natural deposits	Obtain, possess, or use: (1) fine up to $ 1,000, up to 180 days in prison or community facility, or both for 1st conviction; (2) fine up $ 2,500, 6 to 12 months in prison, or both for subsequent conviction: (3) suspend driver's license for 6 months to 5 years Sell nitrous oxide: (1) fine up $ 2,500, 6 to 12 months in prison, or both for 1st conviction; (2) fine up to $ 5,000, 6 to 18 months in prison, or both for subsequent conviction; (3) suspend driver's license for 6 months to 5 years for a subsequent conviction
Oregon	Glue, cement or other substance that can cause intoxication and that contains one or more specified chemical compounds	Use or possess either for self or to induce someone else to use	Induce intoxication	Substance prescribed by a health care practitioner or used under practitioner supervision	Fine up to $ 300 for 1st violation; Juvenile Court can send minors for treatment and counseling Fine up to $ 2,500, up to 6 months in prison, or both for subsequent offense; Juvenile court must send minors for treatment and counseling Driver's license suspension for driving under influence of inhalant
South Dakota	Any substance other than alcoholic beverage	Inhale or ingest	Become intoxicated	Substances prescribed by healthcare practitioner	Fine up to $ 2,000, up to 1 year in prison, or both
Tennessee	Glue, paint, gasoline, aerosol, or other substance containing a solvent that releases toxic vapors; statute specifies chemical compounds	Intentionally smell or inhale Sell, offer, deliver, or give	Cause intoxication, inebriation, elation, dizziness, excitement, stupefaction, dizziness, dulling of brain; disturb or distort audio or visual processes	Inhaling anesthesia for medical or dental purposes Sale of hobby and model kits containing glue Use of NO in commercial food and beverage distribution	Use or possession: Fine up to $ 2,500, up to 1 year in prison, or both Sale or delivery: Fine up to $ 3,000, 1 to 6 years in prison, or both
Texas	Chemical, including aerosol paint, in a container labeled “vapor harmful” pursuant to federal law and capable of causing intoxication or hallucination, affecting central nervous system, or distorting eyesight, thinking, or coordination NO	Inhale, ingest, possess Knowingly delivers to person < 18 Knowingly uses or possess inhalant paraphernalia Knowingly manufactures, sells, or delivers inhalant paraphernalia, or possesses it with intent to sell or deliver	Induce intoxication, hallucination, or elation; affect central nervous system, or distort eyesight, thinking, or coordination	Pesticides; food, drug, or cosmetic subject to federal law; alcoholic beverages	Use: Fine up to $ 2,000, up to 180 days in prison, or both Delivery to <18: Fine up to $ 10,000, between 6 months and 2 years in prison, or both Paraphernalia use: Fine up to $ 2,000, up to 180 days in prison, or both Paraphernalia manufacture or delivery: Fine up to $ 4,000, up to 1 year in prison, or both
Utah	Glue, cement, or other substance containing specified chemical compounds and capable of causing intoxification, elation, euphoria, dizziness, stupefaction, dulling of senses NO	Possess with intent to inhale Knowingly and intentionally under the influence Offer, sell, or provide	Cause intoxification, elation, euphoria, dizziness, stupefaction, dulling of senses or distort auditory, visual, mental processes	Prescribed use, distribution, or sale of substances for medical or dental purposes Administration of NO for medical, surgical, or dental care by person with a license that authorizes NO administration	Possessing, being under influence, or delivering glue, etc: Fine up to $ 1,000, up to 6 months in prison, or both Possessing, being under influence, or delivering nitrous oxide: Fine up to $ 2,500, up to 1 year in prison, or both
Vermont	Glue or adhesive containing specified chemical compounds Inhalants containing specified chemical compounds	Intentionally smell or inhale Possess with intent to use	Cause intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system	Inhaling anesthesia for medical or dental purposes	Fine up to $ 25
Virginia	Drugs or noxious chemical substances, including fingernail polish and glue, containing specified chemical compounds	Smell or inhale Deliberately cause or induce someone to smell or inhale	Become intoxicated, inebriated, excited, or stupefied or dull the brain or nervous system	Use under doctor's direction	Use: Fine up to $ 2,500, up to 1 year in jail, or both Induce use: Fine up to $ 1,000, up to 6 months in jail, or both
Wisconsin	Hazardous substances, including household products, that can cause illness or injury to someone who abuses them NO	Intentionally abuse Possess with intent to abuse Distribute or possess with intent to distribute, knowing substance or nitrous oxide will be abused Distribute nitrous oxide to someone <21 or possess with intent to distribute	Not specified	Retail sales to food service establishments Retail sale to or purchase by hospitals, clinics, and other health care organizations that use NO	Use or possess: Fine up to $ 10,000, up to 9 months in prison, or both Distribute NO: Fine up to $ 10,000, up to 6 years in prison, or both Distribute hazardous substance: Fine up to $ 10,000, up to 3. 5 years in prison, or both

Source: NCSL, Youth Use of Inhalants and Aerosols—State Laws, 2007