| 13-3403 |
NARCOTIC NEWS
Drug Law in Arizona 13-3403
Drug Law in Arizona 13-3403
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Possession and sale of a vapor‑releasing substance containing a toxic
substance; regulation of sale; exceptions; classification
substance; regulation of sale; exceptions; classification
A. A person shall not knowingly:
1. Breathe, inhale or drink a vapor-releasing substance containing a toxic
substance.
2. Sell, transfer or offer to sell or transfer a vapor-releasing substance
containing a toxic substance to a person under eighteen years of age.
3. Sell, transfer or offer to sell or transfer a vapor-releasing substance
containing a toxic substance if such person is not, at the time of sale, transfer
or offer, employed by or engaged in operating a licensed commercial
establishment at a fixed location regularly offering such substance for sale and
such sale, transfer or offer is made in the course of employment or operation.
B. A person making a sale or transfer of a vapor-releasing glue containing a
toxic substance shall require identification of the purchaser and shall record:
1. The name of the glue.
2. The date and hour of delivery.
3. The intended use of the glue.
4. The signature and address of the purchaser.
5. The signature of the seller or deliverer.
Such record shall be kept for three years and be available to board inspectors
and peace officers.
C. The operator of a commercial establishment shall keep all vapor-releasing
glue containing a toxic substance in a place that is unavailable to customers
without the assistance of the operator or an employee of the establishment.
D. The operator of a commercial establishment selling vapor-releasing paints
and varnishes containing a toxic substance dispensed by the use of any
aerosol spray device shall conspicuously display an easily legible sign of not
less than eleven by fourteen inches which states: "Warning: inhalation of
vapors can be dangerous".
E. This section is not applicable to the transfer of a vapor-releasing substance
containing a toxic substance from a parent or guardian to his child or ward, or
the sale or transfer made for manufacturing or industrial purposes.
F. Subsection A, paragraphs 2 and 3 and subsections B and C do not apply to
substances certified by the department of health services as containing an
additive which inhibits inhalation or induces sneezing.
G. A person who violates any provision of this section is guilty of a class 5
felony, but the court may, having regard to the nature and circumstances of the
offense, enter judgment of conviction for a class 1 misdemeanor and make
disposition accordingly or may place the defendant on probation in accordance
with chapter 9 of this title and refrain from designating the offense as a felony or
misdemeanor until the probation is terminated. The offense shall be treated as
a felony for all purposes until such time as the court may actually enter an order
designating the offense a misdemeanor.
1. Breathe, inhale or drink a vapor-releasing substance containing a toxic
substance.
2. Sell, transfer or offer to sell or transfer a vapor-releasing substance
containing a toxic substance to a person under eighteen years of age.
3. Sell, transfer or offer to sell or transfer a vapor-releasing substance
containing a toxic substance if such person is not, at the time of sale, transfer
or offer, employed by or engaged in operating a licensed commercial
establishment at a fixed location regularly offering such substance for sale and
such sale, transfer or offer is made in the course of employment or operation.
B. A person making a sale or transfer of a vapor-releasing glue containing a
toxic substance shall require identification of the purchaser and shall record:
1. The name of the glue.
2. The date and hour of delivery.
3. The intended use of the glue.
4. The signature and address of the purchaser.
5. The signature of the seller or deliverer.
Such record shall be kept for three years and be available to board inspectors
and peace officers.
C. The operator of a commercial establishment shall keep all vapor-releasing
glue containing a toxic substance in a place that is unavailable to customers
without the assistance of the operator or an employee of the establishment.
D. The operator of a commercial establishment selling vapor-releasing paints
and varnishes containing a toxic substance dispensed by the use of any
aerosol spray device shall conspicuously display an easily legible sign of not
less than eleven by fourteen inches which states: "Warning: inhalation of
vapors can be dangerous".
E. This section is not applicable to the transfer of a vapor-releasing substance
containing a toxic substance from a parent or guardian to his child or ward, or
the sale or transfer made for manufacturing or industrial purposes.
F. Subsection A, paragraphs 2 and 3 and subsections B and C do not apply to
substances certified by the department of health services as containing an
additive which inhibits inhalation or induces sneezing.
G. A person who violates any provision of this section is guilty of a class 5
felony, but the court may, having regard to the nature and circumstances of the
offense, enter judgment of conviction for a class 1 misdemeanor and make
disposition accordingly or may place the defendant on probation in accordance
with chapter 9 of this title and refrain from designating the offense as a felony or
misdemeanor until the probation is terminated. The offense shall be treated as
a felony for all purposes until such time as the court may actually enter an order
designating the offense a misdemeanor.