Understanding The Colorado Crime of 18-18-412 Abusing Toxic Vapors – Huffing, Sniffing, Dusting and Bagging

By H. Michael Steinberg – Colorado Drug Crimes Criminal Defense Lawyer

Understanding The Colorado Crime of 18-18-412 Abusing Toxic Vapors Huffing, Sniffing, Dusting and Bagging – One of the most dangerous Colorado Drug Crimes – the Colorado Crime of 18-18-412 Abusing Toxic Vapors – is also one of the most minor crimes that an individual can commit under the Colorado Drug Crimes Code.

To understand the law – one must start by reading that law. Here is the statute defining the “elements” of this crime:

18-18-412. Abusing toxic vapors – prohibited.

(1) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (1), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (1).

This subsection (1) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.

(2) Any person who knowingly violates the provisions of subsection (1) of this section commits the offense of abusing toxic vapors. Abusing toxic vapors is a class 1 petty offense  – level 2 drug misdemeanor; except that no a person shall not receive a sentence to confinement in jail for being convicted of a first offense pursuant to this subsection (2).

Any person convicted of a second or any subsequent offense pursuant to this subsection (2) may receive a sentence to confinement in jail.

(3) For the purposes of this section, the term “toxic vapors” means the following substances or products containing such substances:
(a) Alcohols, including methyl, isopropyl, propyl, or butyl;
(b) Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
(c) Acetone;
(d) Benzene;
(e) Carbon tetrachloride;
(f) Cyclohexane; (g) Freons, including freon 11 and freon 12;
(h) Hexane;
(i) Methyl ethyl ketone;
(j) Methyl isobutyl ketone;
(k) Naphtha;
(l) Perchlorethylene;
(m) Toluene;
(n) Trichloroethane; or
(o) Xylene.

(4) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (3) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

(5) Any juvenile charged with an offense pursuant to this section shall be subject to the jurisdiction of the juvenile court pursuant to section 19-2-104, C.R.S.

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Understanding How The Crime of Abusing Toxic Vapors Is Committed

The Acts of Huffing, Sniffing, Dusting and “Bagging”

Abusing Toxic Vapors means taking actions to huff, to sniff, to dust or to bag. These actions ue the nose, mouth or both. Huffing involves the use of a chemically soaked rag. The cloth is held up to the face or it can actually be stuffed into the mouth where the substance is inhaled.

Sniffing, on the other hand, involves the use of containers, plastic bags, clothing or rags which have been saturated with the specific substance involved.

Finally, bagging means spraying or depositing the substance a plastic or paper bag and then the vapors are inhaled. Bagging is extraordinarily dangerous method of abusing toxic vapors because it can result in the suffocation of the person involved because the “bag” is actually placed over the person’s head which can cut off the persons supply of oxygen.

The “vapors” in this crime are often placed on sleeves, collars, or other items of clothing. Fumes can be discharged into soda cans or they can be inhaled from balloons are that have been filled with nitrous oxide before they are inhaled.

The Toxic Substances Are:

The Adhesives

• Glue
• Model Airplane Cement
• Rubber Cement
• PVC Cement

The Aerosols

• Whippets
• Spray Paint
• Hairspray
• Air Fresheners
• Room Deodorizers
• Fabric Protectants
• Dusters or Computer Cleaners (The Dusters – Not Just Air – “canned-air” or “computer cleaner”, a compressed-gas duster)

Bath Salts

(Bath Salts are stimulants that mimic cocaine, lysergic acid diethylamide (LSD), methamphetamine, or methylenedioxymethamphetamine (ecstasy).)

Some of the many names of these drug:

• Plant food/ fertilizer
• Vanilla Sky
• Ivory Wave
• Cloud 9
• m-CAT
• Mad Cow
• M1

Cleaning Agents

• Dry Cleaning Fluid
• Dry Erase Board Cleaner
• Household cleaners (kitchen and bathroom cleaners)
• Spot Removers
• De-Greasers

Food Products

• Cooking Spray
• Whipped Cream

Gases and other Chemicals

• Nitrous Oxide
• Butane
• Propane
• Helium
• Ether
• Chloroform
• Halothane

The Solvents

(…used in paints, varnishes, inks, paint thinners, aerosol spray products, permanent marking pens, glues, adhesives, etc.)

• Nail polish remover
• Paint thinner
• Paint remover
• Correction fluid
• Toxic magic markers
• Pure toluene
• Lighter fluid
• Gasoline
• Carburetor cleaner
• Octane booster
• Air conditioning coolant
• Lighters
• Fire extinguishers

Understanding The Colorado Crime of 18-18-412 Abusing Toxic Vapors – Huffing, Sniffing, Dusting and Bagging

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at  [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

A Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. If you are seeking counsel there maybe other more specific technical or legal advice on the information provided and related topics. For that, please contact the author.

If you are charged with A Colorado crime or you have questions about the topic of this article – Understanding The Colorado Crime of 18-18-412 Abusing Toxic Vapors – Huffing, Sniffing, Dusting and Bagging, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

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