Unlawful possession of inhalants
(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:
(C)Benzol or benzene;
(K)Ethanol or ethyl alcohol;
(N)Isopropanol or isopropyl alcohol;
(P)Methyl cellosolve acetate;
(Q)Methyl ethyl ketone;
(R)Methyl isobutyl ketone;
(T)Toluol or toluene;
(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 31.740 (When award of punitive damages against health practitioner prohibited), and that is used in the manner prescribed by the health practitioner; or
(b)Is administered or used under the supervision of a health practitioner, as described in ORS 31.740 (When award of punitive damages against health practitioner prohibited).
(5)(a) Any person who violates this section commits a violation. Violation of this section is a Class C violation. 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. [1999 c.229 §1; 1999 c.1051 §322f; 2011 c.597 §81]
Atty. Gen. Opinions
Exemption of nuisance laws from constitutional requirement for payments based on government regulations restricting use of property, (2001) Vol 49, p 284
Law Review Citations
51 OLR 427-637 (1972)