Ch. 371

1997 LAWS OF MARYLAND

Section 301 and 301A
Annotated Code of Maryland
(1996 Replacement Volume)

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, BUTANE, 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] A PERSON MAY NOT distribute, or possess with intent to
distribute, to any 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 other person will unlawfully inhale the substance.

(b) [No person may] A PERSON MAY NOT instruct another person in the
practice of unlawful inhaling as defined in § 301 of this article:

(C) A PERSON MAY NOT DISTRIBUTE A BUTANE LIGHTER OR A BUTANE
REPLACEMENT CANISTER TO A MINOR.

[(c)] (D) (1) A person who violates [any provision] SUBSECTION (A) OR (B) 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)](2) A person found guilty of a second or subsequent violation of [any
provision] SUBSECTION (A) OR (B) of this section is subject to a fine not exceeding
$1,000, or imprisonment not exceeding 3 years, or both.

(3) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, IS SUBJECT TO A FINE NOT
EXCEEDING $1,000, OR IMPRISONMENT NOT EXCEEDING IS MONTHS, OR BOTH.

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