(1)
(a) As used in this section, "psychotoxic chemical solvent" includes any glue, cement, or other substance containing one or more of the following chemical compounds:
- (i) acetone and acetate;
- (ii) amyl nitrite or amyl nitrate or their isomers;
- (iii) benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their isomers;
- (iv) ethyl alcohol, ethyl nitrite, or ethyl nitrate;
- (v) ethylene dichloride;
- (vi) isobutyl alcohol;
- (vii) methyl alcohol;
- (viii) methyl ethyl ketone;
- (ix) n-propyl alcohol;
- (x) pentachlorophenol;
- (xi) petroleum ether;
- (xii) propyl nitrite or propyl nitrate or their isomers;
- (xiii) toluene;
- (xiv) xylene; or
- (xv) another chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
- (b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(2) Except as provided in Subsection (4), an actor commits abuse of psychotoxic chemical solvent if:
(a) for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the actor's brain or nervous system, the actor intentionally:
- (i) smells or inhales the fumes of a psychotoxic chemical solvent; or
- (ii) possesses, purchases, or attempts to possess or purchase a psychotoxic chemical solvent; or
- (b) the actor offers, sells, or provides a psychotoxic chemical solvent to another person, knowing that other person or a third party intends to possess or use that psychotoxic chemical solvent in violation of Subsection (2)(a).
- (3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section does not apply to:
- (a) the prescribed use, distribution, or sale of a psychotoxic chemical solvent for a medical or dental purpose; or
- (b) a controlled substance regulated by the provisions of Chapter 18, Part 2, Offenses Concerning Controlled Substances, or Title 58, Chapter 37, Controlled Substances.
Amended by Chapter 362, 2026 General Session