§ 5-01-18 — Alcohol without liquid devices prohibited - Definition - Penalty

1. A person may not sell, offer to sell, purchase, possess, use, or if that person is a retail
alcoholic beverage licensee, have on the premises an alcohol without liquid device. In
this section, an "alcohol without liquid device" means an apparatus that is advertised,
designed, or used to vaporize an alcoholic beverage to produce a vapor that may be
inhaled by an individual. The term does not include an inhaler, nebulizer, atomizer, or
other device that is designed and intended specifically for medical purposes to
dispense prescribed or over-the-counter medications or water.
2. This section does not apply to a hospital that operates primarily for the purpose of
conducting scientific research, a state institution conducting bona fide research, a
private college or university conducting bona fide research, or a pharmaceutical
company or biotechnology company conducting bona fide research.
3. A violation of this section is a class B misdemeanor.