21-5712. Unlawful abuse of toxic vapors. (a) Unlawful abuse of toxic vapors is possessing, buying, using, smelling or inhaling toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.
(b) Unlawful abuse of toxic vapors is a class B nonperson misdemeanor.
(c) In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program, treatment program or both such programs as provided in K.S.A. 8-1008, and amendments thereto.
(d) This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
(e) For the purposes of this section, the term "toxic vapors" means vapors from the following substances or products containing such substances:
(1) Alcohols, including methyl, isopropyl, propyl or butyl;
(2) aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;
(3) acetone;
(4) benzene;
(5) carbon tetrachloride;
(6) cyclohexane;
(7) freons, including freon 11, freon 12 and other halogenated hydrocarbons;
(8) hexane;
(9) methyl ethyl ketone;
(10) methyl isobutyl ketone;
(11) naptha;
(12) perchlorethylene;
(13) toluene;
(14) trichloroethane; or
(15) xylene.
(f) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (e) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.
History: L. 2009, ch. 32, § 12; L. 2015, ch. 20, § 1; July 1.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 57 - Crimes Involving Controlled Substances
21-5702 Effective date; scope of act.
21-5703 Unlawful manufacturing of controlled substances.
21-5704 Same; costs and expenses.
21-5705 Unlawful cultivation or distribution of controlled substances.
21-5706 Unlawful possession of controlled substances.
21-5708 Unlawfully obtaining or selling a prescription-only drug.
21-5709 Unlawful possession of certain drug precursors and drug paraphernalia.
21-5710 Unlawful distribution of certain drug precursors and drug paraphernalia.
21-5711 Factors to consider when determining what is drug paraphernalia.
21-5712 Unlawful abuse of toxic vapors.
21-5713 Unlawful distribution or possession of a simulated controlled substance.
21-5714 Unlawful representation that noncontrolled substance is controlled substance.
21-5715 Treatment of a controlled substance analog.
21-5716 Unlawful acts involving proceeds derived from violations of 21-5701 through 21-5717.