A Survey of State Laws Against Glue Sniffing and Driving Under the Influence of Glue

After writing yesterday's post on this story about a man arrested in Cedar Rapids, Iowa for allegedly driving while sniffing fumes from an aerosol can, I decided to do a little more research into glue sniffing laws in other states. As I noted in yesterday's post, Cedar Rapids' ordinance does not apply to any substances other than glue or cement, so any non-adhesive, aerosolized substances that people may inhale to get high are not covered by the ordinance. Additionally, I was unable to find any provisions in Iowa law regarding driving under the influence (operating while intoxicated) that clearly applied to driving while under the influence of inhaled glue or other aerosolized substances.

Cedar Rapids' ordinance banning glue sniffing states:

62.29 - GLUE SNIFFING.

(a) As used in this section the term model glue shall mean any glue or cement containing toluene, acetone, or other solvent or chemical having the property of releasing toxic vapors.   

(b) No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system, smell or inhale the fumes from any model glue; provided, however, that this section shall not apply to the inhalation of any anesthesia for medical or dental purposes.                           

(c) No person shall possess, buy, sell, transfer possession, or receive possession of any model glue for the illegal purposes set forth in subsection (b) hereof.

While I concluded that Cedar Rapids' ordinance did not apply to the conduct described in the article, there are other, more expansive, state laws on glue sniffing that Cedar Rapids may want to imitate if it wants to broadly ban the huffing of fumes from glues and aerosols.

Tennessee and Indiana both have laws that outlaw not only the sniffing of glue, but of other substances as well. The relevant subsection of Tennessee's law, for example, states:

40-6-391(a)  No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell or inhale the fumes from any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes, or to the use of nitrous oxide to implement the distribution of beverages or other foodstuffs for commercial purposes.

Unlike the Cedar Rapids ordinance, Tennessee's law lists a number of substances other than glue, including "aerosol." Another wider-reaching law on glue sniffing can be found in Indiana:

IC 35-46-6-1: "Model glue" defined

Sec. 1. As used in this chapter, "model glue" means a glue or cement containing toluene or acetone, or both.

IC 35-46-6-2: Inhaling toxic vapors

Sec. 2. A person who, with intent to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses, ingests or inhales the fumes of:

 (1) model glue; or

(2) a substance that contains:

            (A) toluene;

            (B) acetone;

            (C) benzene;

            (D) N-butyl nitrite;

            (E) any aliphatic nitrite, unless prescribed by a physician;

            (F) butane;

            (G) amyl butrate;

            (H) isobutyl nitrate;

            (I) freon;

            (J) chlorinated hydrocarbons;

            (K) methylene chloride;

            (L) hexane;

            (M) ether;

            (N) chloroform; or

            (O) halothane; or

(3) any other chemical having the property of releasing toxic vapors;

commits inhaling toxic vapors, a Class B misdemeanor.

Indiana's law is interesting because the stand-alone provisions regarding model glue are entirely unnecessary, as the "Inhaling Toxic Vapors" section applies not only to model glue, but also to "a substance that contains" toluene or acetone -- which includes "model glue," defined as a "glue or cement" that contains those chemicals.

 

What about driving under the influence of glue? For that, we go to the relevant sections of the law banning driving under the influence in Georgia:

O.C.G.A. 40-6-391 (2010)

40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child  

(a) A person shall not drive or be in actual physical control of any moving vehicle while: 

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

(2) Under the influence of any drug to the extent that it is less safe for the person to drive;

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;

(emphasis added)

 

Massachusetts also bans driving while under the influence of "the vapors of glue," although the law and applicable jury instructions do not provide a definition for the term.

 

If you were curious about various laws across the country after reading yesterday's post on glue sniffing, this post has hopefully been of some help to you. Additionally, all of this should make for excellent party conversation, so go forth and educate your friends on our nation's various laws prohibiting the inhalation of glue fumes, aerosols, and other chemicals.

 

[Author's note: while I have not yet submitted this post to the legal journals, let alone received any offers of publication, I do not think it presumptuous or premature to state that this post is almost-certainly forthcoming in a prestigious law review. Congratulations to you, dear reader, on seeing it here first.]

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