W. Richard Staton, Chairman

House Judiciary Committee

M. E. "Mike" Mowery, Chief Counsel

February 2, 1995

Com. Sub. for HB2104

As originally introduced, this bill created a misdemeanor offense, making it a crime for any person to sniff paint "in any form with the purpose and with the intent to derive some perverse pleasure, high or intoxication therefrom. . ." The proposed committee substitute would cover a number of substances, including paint, by using the phrase "substance containing any chemical material having the property of releasing toxic vapors or fumes." That phrase is defined to mean "any glue, cement, adhesive, paint, paint remover or other chemical compounds containing one or more chemical compounds which release vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system, including, but not limited to, the following chemical compounds: acetone, an acetate, benzine, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluol, or toluene." A person who intentionally smells or inhales the fumes from any such substance would be guilty of a misdemeanor, and be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars.
The bill would also add a new section to the motor vehicle code, defining the term "drug" as it is used in DUI offenses. The new definition defines "drug" to mean "any chemical substance which is or can be ingested, inhaled, injected, or by any other method placed into the human body which has a medicinal, intoxicating or narcotic effect, and includes the term "drug" as defined in section one, article five, chapter thirty of this code, and also includes a "substance containing any chemical material having the property of releasing toxic vapors or fumes" as that phrase is defined in section eleven, article eight, chapter sixty-one of this code.