H.B. 72 Enrolled

PENALTY FOR MISUSE OF LAWFUL
SUBSTANCES
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Hogue

Rebecca D. Lockhart
Richard M. Siddoway
DeMar Bud Bowman
Neil A. Hansen
Fred J. Fife
Max W. Young
Don E. Bush
Sheryl L. AllenCarl R. Saunders
Cindy Beshear
Ty McCartney
Carol Spackman Moss
David Litvack
Peggy Wallace
Mike Thompson
Steven R. MascaroBrent D. Parker
Brent H. Goodfellow
Joseph G. Murray
Douglas C. Aagard
Duane E. Bourdeaux
Ralph Becker
Jack A. Seitz This act modifies the Criminal Code to establish the offense and penalty regarding abuse of
nitrous oxide. The act also includes the offense of providing psychotoxic chemical solvents
for illegal purposes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-10-107, as last amended by Chapter 30, Laws of Utah 1992
ENACTS:
76-10-107.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-10-107 is amended to read:
76-10-107. Abuse of psychotoxic chemical solvents.
(1) A person is guilty of abuse of psychotoxic chemical solvents if:
(a) for the purpose of causing a condition of intoxication, inebriation, excitement,
stupefaction, or the dulling of his brain or nervous system, he intentionally:
(i) smells or inhales the fumes of any psychotoxic chemical solvent; or
(ii) possesses, purchases, or attempts to possess or purchase any psychotoxic chemical
solvent[.]; or
(b) [Knowing or believing that a purchaser or another] the person offers, sells, or provides

a psychotoxic chemical solvent to another person, knowing that other person or a third party intends
to possess or use [a] that psychotoxic chemical solvent in violation of Subsection (1)(a)[, he sells or
offers to sell any psychotoxic chemical solvent].
(2) This section [shall] does not apply to the prescribed use, distribution, or sale of those
substances for medical or dental purposes.
(3) Abuse of psychotoxic chemical solvents is a class B misdemeanor.
(4) As used in this section, psychotoxic chemical solvent includes any glue, cement, or other
substance containing one or more of the following chemical compounds: acetone and acetate, amyl
nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate, or their
isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol, methyl
alcohol, methyl ethyl ketone, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite
or propyl nitrate or their isomers, toluene or xylene, or other 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.
Nothing in this section shall be construed to include any controlled substance regulated by the
provisions of Title 58, Chapter 37, Utah Controlled Substances Act.
Section 2. Section 76-10-107.5 is enacted to read:
76-10-107.5. Abuse of nitrous oxide -- Penalty.
(1) As used in this section, "nitrous oxide" means:
(a) N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen
oxide, or laughing gas; and
(b) any substance containing nitrous oxide.
(2) A person is guilty of abuse of nitrous oxide who:
(a) possesses nitrous oxide with the intent to breathe, inhale, or ingest it for the purpose of:
(i) causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling
of the senses;
(ii) in any manner changing, distorting, or disturbing the audio, visual, or mental processes;
(b) knowingly and intentionally is under the influence of nitrous oxide; or

- 2 -

(c) offers, sells, or provides nitrous oxide to another person, knowing that other person or
a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or (b).
(3) Subsection (2)(b) does not apply to any person who is under the influence of nitrous
oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person
holding a license under state law that authorizes the administration of nitrous oxide.
(4) Subsection (2)(c) does not apply to any person who administers nitrous oxide for the
purpose of medical, surgical, or dental care and who holds a license under state law that authorizes
the administration of nitrous oxide.
(5) A violation of this section is a class A misdemeanor.

- 3 -