ORS 167.808
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:

(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 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]
Note: 167.808 (Unlawful possession of inhalants) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Chapter 167

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)


Source
Last accessed
May. 15, 2020