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§63-2-407.1.
§63-2-407.1.
A. For the purpose of inducing intoxication or distortion or
disturbance of the auditory, visual, muscular, or mental process, no
person shall ingest, use, or possess any compound, liquid, or chemical
which contains ethylchloride, butyl nitrite, isobutyl nitrite,
secondary butyl nitrite, tertiary butyl nitrite, amyl nitrite,
isopropyl nitrite, isopentyl nitrite, or mixtures containing butyl
nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl
nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or any of
their esters, isomers, or analogues, or any other similar compound.
B. No person shall possess, buy, sell, or otherwise transfer any
substance specified in subsection A of this section for the purpose of
inducing or aiding any other person to inhale or ingest such substance
or otherwise violate the provisions of this section.
C. The provisions of subsections A and B of this section shall not
apply to:
1. the possession and use of a substance specified in subsection A of
this section which is used as part of the care or treatment by a
licensed physician of a disease, condition or injury or pursuant to a
prescription of a licensed physician; and
2. the possession of a substance specified in subsection A of this
section which is used as part of a known manufacturing process or
industrial operation when the possessor has obtained a permit from the
State Department of Health.
D. The State Board of Health shall promulgate rules and regulations
establishing procedures for the application, form and issuance of a
permit to legitimate manufacturing and industrial applicants as
provided for in subsection C of this section.
E. Any person convicted of violating any provision of subsection A or
B of this section shall be guilty of a misdemeanor punishable by
imprisonment in the county jail not to exceed ninety (90) days or by
the imposition of a fine not to exceed Five Hundred Dollars ($500.00),
or by both such imprisonment and fine. Each violation shall be
considered a separate offense.
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