Inhaling or Possessing Toxic Chemicals (N.J.S.A. 2C:35-10.4)

Toxic Chemicals attorneyA person commits a disorderly persons offense if the person:

  • Inhales the fumes of any toxic chemical for the purpose of causing a condition of intoxication; or
  • Possesses any toxic chemical for the purpose of causing a condition of intoxication.

The term “toxic chemical” means any chemical or substance that releases toxic fumes. “Toxic chemical” includes, but is not limited to, acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluol, toluene and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.

The law is inapplicable to the possession and use of nitrous oxide or any material containing nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide, such as a dentist.

Many school districts have policies banning the inhalation of toxic chemicals on school grounds and press charges against students caught doing so. Therefore, juveniles are often charged with this crime.

Punishment for Violating N.J.S.A 2C:35-10.4

If you are convicted under this statute you may be sentenced to up to six months in jail. You may have to pay a fine up to $1,000. In addition, the court must suspend your driver’s license for up to two years for each charge. This is a serious charge. You should contact a New Jersey criminal defense attorney as soon as possible to protect your rights.

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