Just about everyone knows what drugs are considered illegal for possession or consumption. But, what about simple household products? Are charges brought for inhaling fumes? In short, yes. You could even find yourself in jail for inhaling or possessing certain toxic chemicals.
Some Call It Huffing
The term “huffing” originated in approximately 2005. It is slang for inhaling the fumes from certain aerosol cans for the purposes of getting high. Medical journals suggest that the euphoric feeling is quite temporary, albeit addictive.
Although huffing appears to attract younger users who do not have easy access to other substances, adults also engage in the process. Earlier this year, news articles reported that a Pennsylvania police chief was charged with inhaling from a can of compressed air.
What Chemicals are Considered Illegal if Inhaled?
New Jersey laws regarding inhaling or possessing certain toxic appears at NJSA 2C:35-10.4. The chemicals that are considered illegal if inhaled, include those that contain the following:
Acetone or acetate
Benzene
Butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol methyl ethyl ketone
Nitrous oxide, pentachlorophenol, petroleum ether, toluol, toluene
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
You may not recognize the chemical names of all of these substances. For example acetone is used as nail polisher remover. Toluene is a component of paint thinner and model airplane glue. Nitrous oxide is found in the metal cans containing whipped cream.
What are the Penalties Associated with Inhaling Toxic Chemicals?
It is considered a misdemeanor offense to inhale any of the above named chemicals for the purposes of getting high. The same is true for charges of possession of one of them for the purposes of inhalation. It is a considered a higher crime to sell someone a product containing one of the toxic chemical items for the purposes of intoxication.
Does this mean you can go to jail? Absolutely. The penalty associated with this crime could mean up to six months in jail. Fines may be assessed up to $1000.
Contact Us
Have you been accused of huffing or inhaling toxic chemicals? At the Law Offices of Beninato & Matrafaljo, we have experience representing individual charged with inhaling chemical fumes. Contact us to set up an appointment to discuss your legal options.
