§ 5-60-116 - Breathing, inhaling, possessing, selling, or drinking certain intoxicating compounds -- Alcohol vaporizing devices prohibited. - Arkansas Statutes

5-60-116. Breathing, inhaling, possessing, selling, or drinking certain intoxicating compounds -- Alcohol vaporizing devices prohibited.

(a) (1) It is unlawful for any person to knowingly:

(A) Breathe, inhale, or drink any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other similar substance or any gasoline or similar substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, irrational behavior, or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes;

(B) Breathe or inhale any compound, liquid, or chemical containing ethyl alcohol for the purpose of inducing a condition of intoxication;

(C) Possess any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section;

(D) Sell, offer for sale, deliver, give, or possess with the intent to sell, deliver, or give to any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichlorathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance that will induce a condition of intoxication through breathing or inhalation if he or she has reasonable cause to believe that the compound, liquid, or chemical sold, offered for sale, delivered, given, or possessed with the intent to sell, deliver, or give will be used for the purpose of violating subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section; or

(E) Manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device.

(2) For the purposes of this section, any condition induced as provided in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section is an intoxicated condition.

(b) (1) This section does not apply to any person who commits any act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe the act.

(2) This section does not apply to the inhalation of anesthesia for a medical purpose or dental purpose.

(c) Upon conviction, a person who violates this section is guilty of a Class B misdemeanor.

(d) (1) As used in this section, "alcohol vaporizing device" means a device, a machine, an apparatus, or an appliance that is designed or marketed for the purpose of mixing ethyl alcohol with pure or diluted oxygen or any other gas to produce an alcoholic vapor that a person can breathe or inhale.

(2) "Alcohol vaporizing device" does not include an inhaler, a nebulizer, an atomizer, or any other device that is designed and intended by the manufacturer to dispense either a substance prescribed by a licensed health care provider authorized by law to prescribe the substance or an over-the-counter medication approved under an over-the-counter drug monograph or a new drug application under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as it existed on January 1, 2009.

(3) "Alcohol vaporizing device" includes an inhaler, a nebulizer, an atomizer, or any other device described in subdivision (d)(2) of this section if the inhaler, nebulizer, or atomizer is used for the purpose of inducing a condition of intoxication through breathing or inhalation.