Skip to main content
US Criminal Defense.org
Menu

Arizona statute

A.R.S. § 13-3403 — Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification

Current through 57th Legislature, 1st Regular Session (2025)

Part of Chapter 34: Drug Offenses, Arizona Revised Statutes.

Criminal charges under this statute

Full text of A.R.S. § 13-3403

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 13-3403Primary source, current through the 57th Legislature, 1st Regular Session (2025)
A. A person shall not knowingly: 1. Breathe, inhale or drink a vapor-releasing substance containing a toxic substance. 2. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance to a person under eighteen years of age. 3. Sell, transfer or offer to sell or transfer a vapor-releasing substance containing a toxic substance if such person is not, at the time of sale, transfer or offer, employed by or engaged in operating a licensed commercial establishment at a fixed location regularly offering such substance for sale and such sale, transfer or offer is made in the course of employment or operation. B. A person making a sale or transfer of a vapor-releasing glue containing a toxic substance shall require identification of the purchaser and shall record: 1. The name of the glue. 2. The date and hour of delivery. 3. The intended use of the glue. 4. The signature and address of the purchaser. 5. The signature of the seller or deliverer. Such record shall be kept for three years and be available to board inspectors and peace officers. C. The operator of a commercial establishment shall keep all vapor-releasing glue containing a toxic substance in a place that is unavailable to customers without the assistance of the operator or an employee of the establishment. D. The operator of a commercial establishment selling vapor-releasing paints and varnishes containing a toxic substance dispensed by the use of any aerosol spray device shall conspicuously display an easily legible sign of not less than eleven by fourteen inches which states: "Warning: inhalation of vapors can be dangerous". E. This section is not applicable to the transfer of a vapor-releasing substance containing a toxic substance from a parent or guardian to his child or ward, or the sale or transfer made for manufacturing or industrial purposes. F. Subsection A, paragraphs 2 and 3 and subsections B and C do not apply to substances certified by the department of health services as containing an additive that inhibits inhalation or induces sneezing. G. A person who violates any provision of this section is guilty of a class 5 felony, but the court, having regard to the nature and circumstances of the offense, may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court enters an order designating the offense a misdemeanor. H. For the purposes of subsections A and E, "vapor-releasing substance containing a toxic substance" means paint or varnish dispensed by the use of aerosol spray, or any glue, that releases vapors or fumes containing acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, toluene, volatile ketones, isophorone, chloroform, methylene chloride, mesityl oxide, xylene, cumene, ethylbenzene, trichloroethylene, mibk, miak, mek or diacetone alcohol or isobutyl nitrite.

Official sources

Legal terms used in this section

Questions this section answers

Is nitrous oxide containers a felony or a misdemeanor in Arizona?

It depends on the circumstances: nitrous oxide containers ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-3403.01.

Sale of nitrous oxide container to minor - felony: Class 5 Felony (A.R.S. § 13-3403.01B) · Sale of nitrous oxide container to minor - reduced to misdemeanor: Class 1 Misdemeanor (A.R.S. § 13-3403.01B.1)

Is possession and sale of a vapor-releasing substance containing a toxic substance a felony or a misdemeanor in Arizona?

It depends on the circumstances: possession and sale of a vapor-releasing substance containing a toxic substance ranges from a Class 1 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-3403.

Violation of § 13-3403 (default felony classification): Class 5 Felony (A.R.S. § 13-3403G) · Violation of § 13-3403 (reduced to misdemeanor at court's discretion): Class 1 Misdemeanor (A.R.S. § 13-3403G)

Which Arizona statute covers possession and sale of a vapor-releasing substance containing a toxic substance?

Possession and sale of a vapor-releasing substance containing a toxic substance is governed by A.R.S. § 13-3403 (Possession and sale of a vapor-releasing substance containing a toxic substance; regulation of sale; exceptions; classification).

Is selling or giving nitrous oxide to underage person a felony or a misdemeanor in Arizona?

It depends on the circumstances: selling or giving nitrous oxide to underage person ranges from a Class 3 Misdemeanor to a Class 1 Misdemeanor in Arizona under A.R.S. § 13-3403.02.

Underage misrepresentation of age to obtain nitrous oxide: Class 1 Misdemeanor (A.R.S. § 13-3403.02C) · Underage solicitation of another to procure nitrous oxide: Class 3 Misdemeanor (A.R.S. § 13-3403.02D) · Knowingly influencing sale to underage person or procuring for underage person: Class 1 Misdemeanor (A.R.S. § 13-3403.02F)

This reference is informational and is not legal advice.