Ch. 22

1996 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

301.

(a)     It is unlawful for any person to deliberately smell or inhale such excessive
quantities of any drugs, or any other noxious substances or chemicals containing WHOLLY
OR IN PART any ketones, aldehydes, butyl nitrite, NITROUS OXIDE, methyl benzene,
organic acetates, ether, chlorinated hydrocarbons, fluorinated hydrocarbons, or any other
substances containing solvents releasing toxic vapors, as cause conditions of intoxication,
inebriation, excitement, stupefaction or dulling of the brain or nervous system. This
section applies with particularity to fingernail polish, model airplane glue, or any other
substance or chemical which has the aforementioned effect upon the brain or nervous
system when smelled or inhaled; provided, that nothing in this section shall be interpreted
as applying to the inhalation of any anaesthesia for medical or dental purposes, and
further provided, that nothing in this section shall be interpreted as applying to the
controlled dangerous substances as defined in this subheading.

(b)     Any person violating any provision of this section is guilty of a misdemeanor
and, upon conviction, is subject to a fine not exceeding $500, or imprisonment not
exceeding six months, or both.

301A.

(a)     No person may distribute, or possess with intent to distribute, to any [ minor]
OTHER PERSON any of the substances enumerated in § 301 of this article if such
distribution is with the intent to induce unlawful inhaling of the substance or is with the
knowledge that the [ minor] OTHER PERSON will unlawfully inhale the substance.

(b)     No person may instruct [a minor] ANOTHER PERSON in the practice of
unlawful inhaling as defined in § 301 of this article.

(c)     [Any] A person [violating] WHO VIOLATES any provision of this section is
guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $500,. or
imprisonment not exceeding 18 months, or both.

(d)     [Any] A person found guilty of a second or subsequent violation of any
provision of this section is subject to a fine not exceeding $1,000, or imprisonment not
exceeding 3 years, or both.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health and safety, has
been passed by a yea and nay vote supported by three-fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.

Approved April 9, 1996.

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