§ 13A-12-360 — Unlawful Possession of Inhalants

(a) A person commits the crime of unlawful possession of inhalants if he or she does either of the following:
(1) Inhales, ingests, uses, or possesses any compound, liquid, gas, or chemical that contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, or any mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
(2) Inhales, ingests, uses, or possesses any compound, liquid, gas, or chemical that contains nitrous oxide, commonly known as “laughing gas,” or any amyl nitrite, commonly known as “poppers” or “snappers.”
(b) Unlawful possession of inhalants is a Class A misdemeanor.
(c) Subsection (a) shall not apply to any of the following:
(1) The possession or use of the substances by a licensed hospital, as defined in Section 22-21-20, other health care facility, as defined in Section 22-21-311, or a licensed medical or dental practitioner, for the purposes of the lawful prescription, order, or administration to a patient and the possession or use of the substances by a patient pursuant to a lawful prescription, order, or administration.
(2) The possession or use of the substances by a manufacturer as part of a manufacturing process or industrial operation by a person at least 21 years of age.
(3) The possession or use of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products by a person at least 21 years of age.
(4) The possession or use of nitrous oxide for automotive purposes by a person at least 21 years of age.
(d) The presence of additional flavoring in a substance or labeling on any part of a container of a substance referring to the substance being flavored shall create a rebuttable presumption against the exceptions listed in subsection (c).

Legislative History

(Act 2025-65, §1.)