(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.
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