                                 CODE OF VIRGINIA

INHALING DRUGS OR OTHER NOXIOUS CHEMICAL SUBSTANCES OR CAUSING, ETC., OTHERS TO
DO SO; DISTRIBUTION OF NITROUS OXIDE TO PERSONS UNDER 18 PROHIBITED; PENALTIES
(§ 18.2-264)

A. It is unlawful, except under the direction of a practitioner as defined in
&#xA7; 54.1-3401, for any person deliberately to smell or inhale any drugs or
any other noxious chemical substances with the intent to become intoxicated,
inebriated, excited, or stupefied or to dull the brain or nervous system.
			Any person violating the provisions of this subsection is guilty of a Class 1
misdemeanor.

B. It is unlawful for any person, other than one duly licensed, deliberately to
cause, invite, or induce any person to smell or inhale any drugs or any other
noxious chemical substances with the intent to intoxicate, inebriate, excite,
stupefy, or dull the brain or nervous system of such person.
			Any person violating the provisions of this subsection is guilty of a Class 2
misdemeanor.

C. 1.  It is unlawful for any person to sell, distribute, or offer to sell or
distribute a device that is designed or intended to deliver a gas containing
nitrous oxide to any person under 18 years of age for any purpose.

   2. This subsection shall not apply to (i) a device, as described in
   subdivision 1, for nitrous oxide that is denatured or otherwise rendered unfit
   for human consumption or (ii) any person or establishment that is (a) solely
   engaged in the business of selling or distributing catering supplies, food
   processing equipment, or compressed gases for industrial or medical use or (b)
   a health care provider as defined in &#xA7; 32.1-127.1:03.

   3. Any person who fails to make diligent inquiry as to whether the person
   trying to obtain a device as described in subdivision 1 is 18 years of age or
   older or violates the provisions of this subsection is guilty of a Class 1
   misdemeanor.

D. For purposes of this section:
			&#8220;Diligent inquiry&#8221; means a good faith effort to determine the age
of a person that includes an examination of any valid photo identification that
establishes the identity and age of such person.
			&#8220;Noxious chemical substances&#8221; includes fingernail polish and
model airplane glue and chemicals containing any ketones, aldehydes, organic
acetates, ether, chlorinated hydrocarbons or vapors, fluorinated hydrocarbons or
vapors, nitrous oxide, or hydrogenated fluorocarbons.

HISTORY: Code 1950, § 18.1-70.1; 1968, c. 391; 1969, Ex. Sess., c. 19; 1973, c.
27; 1975, cc. 14, 15; 1993, c. 416; 2019, c. 6; 2025, cc. 259, 264.