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(a) No person shall knowingly sell, barter or give away any toluene, also known as tuleol, methylbenzene, phenylmethane or methacide, to any person under the age of eighteen (18) years or to a mentally or physically handicapped person under the age of twenty-one (21) years unless such minor is accompanied by his or her parent, other adult member of such minor’s family, legal guardian or person in loco parentis.
(b) It is an affirmative defense under this section if the actor was actively misled or deceived by the presentation of written or printed information, presented by the minor, relating to the age and identity of such minor.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree. At least three (3) days’ imprisonment is mandatory under this section.
(d) This section shall not apply to toluene containing a noxious additive designated by the state board of pharmacy pursuant to RC 2925.32.
(Ord. No. 2440-77. Passed 9-26-77, eff. 9-26-77)