(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GLUE. This term shall include the following products: plastic (styrene) cements containing toluene, acetone, benzene, aliphatic acetates (such as ethyl acetate and methylcellosolve acetate), hexane or cycle hexane; model cements containing acetone, toluene or naptha of petroleum origin; household cements containing toluene, acetone, isopropanol, methyl ethyl ketone or methyl isobutyl ketone; fingernail polish removers containing acetone aliphatic acetates, benzene or alcohol; lacquer thinners containing toluene, aliphatic acetates or methyl, ethyl or propyl alcohol; lighter fluids or cleaning fluids containing naptha of petroleum origin, perchlorethylene, trichlorethane or carbon tetrachloride.
(B) Use or Possession. No person shall intentionally smell or inhale the fumes of any substance releasing toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or duller senses of the nervous system. No person shall possess, buy or use any such substance for the purpose of violating or aiding another to violate this section.
(C) Sale.
(1) No person shall sell, give, deliver or furnish any substance releasing toxic vapors to any child under the age of 18 years without the personal or written consent of a parent or guardian of such child; except when the sale of one tube of glue is made simultaneously with or as a part of sale, purchase or delivery of a hobby or model kit.
(2) No person, except a person who is at the time of such sale actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell to any other person any substance releasing toxic vapors and all sales of such vapors, and all sales of such substance not made in or from such an establishment shall be unlawful.
(3) No person shall knowingly sell or offer for sale, deliver or give away to any other person any substance releasing toxic vapors, where the seller, offerer or deliverer knows or has reason to believe that such substance will be used for the purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction or duller senses of the nervous system.
(D) Exception. This section shall not apply to the inhalation of anesthesia for medical or dental purposes.
('71 Code, § 537.03) (Ord. 216, passed 12-8-69) Penalty, see § 101.99
Statutory reference:
Offenses relating to narcotic drugs, see W. V. Code Article 60A-4
Uniform Controlled Substances Act, see W. V. Code Chapter 60A