Virginia criminal charge
Inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited in Virginia
Inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-264. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-264.
What is the penalty for inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Inhaling drugs or noxious substances to self-intoxicate — A person deliberately smells or inhales drugs or other noxious chemical substances, without practitioner direction, intending to become intoxicated, inebriated, excited, or stupefied or to dull the brain or nervous system.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Inhaling drugs or noxious substances to self-intoxicate — A person deliberately smells or inhales drugs or other noxious chemical substances, without practitioner direction, intending to become intoxicated, inebriated, excited, or stupefied or to dull the brain or nervous system.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 6 months (Causing or inducing another to inhale drugs or noxious substances — A person other than one duly licensed deliberately causes, invites, or induces another person to smell or inhale drugs or noxious chemical substances with intent to intoxicate, inebriate, excite, stupefy, or dull that person's brain or nervous system.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $1,000 (Causing or inducing another to inhale drugs or noxious substances — A person other than one duly licensed deliberately causes, invites, or induces another person to smell or inhale drugs or noxious chemical substances with intent to intoxicate, inebriate, excite, stupefy, or dull that person's brain or nervous system.; either or both with confinement (§ 18.2-11(b))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Sale/distribution of nitrous oxide delivery devices or flavored nitrous oxide — A person sells, distributes, or offers to sell or distribute a device designed to deliver nitrous oxide for direct inhalation, or nitrous oxide marketed with food/beverage flavor or smell, to a person not exempted under subdivision E 1.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Sale/distribution of nitrous oxide delivery devices or flavored nitrous oxide — A person sells, distributes, or offers to sell or distribute a device designed to deliver nitrous oxide for direct inhalation, or nitrous oxide marketed with food/beverage flavor or smell, to a person not exempted under subdivision E 1.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Sale or purchase of large nitrous oxide containers to/by non-exempt persons — A person sells, distributes, offers to sell or distribute, or purchases or attempts to purchase a container of nitrous oxide exceeding eight grams without qualifying for one of the listed exemptions.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Sale or purchase of large nitrous oxide containers to/by non-exempt persons — A person sells, distributes, offers to sell or distribute, or purchases or attempts to purchase a container of nitrous oxide exceeding eight grams without qualifying for one of the listed exemptions.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Inhaling drugs or noxious substances to self-intoxicate | Class 1 Misdemeanor | A person deliberately smells or inhales drugs or other noxious chemical substances, without practitioner direction, intending to become intoxicated, inebriated, excited, or stupefied or to dull the brain or nervous system. | Va. Code Ann. § 18.2-264B |
| Causing or inducing another to inhale drugs or noxious substances | Class 2 Misdemeanor | A person other than one duly licensed deliberately causes, invites, or induces another person to smell or inhale drugs or noxious chemical substances with intent to intoxicate, inebriate, excite, stupefy, or dull that person's brain or nervous system. | Va. Code Ann. § 18.2-264C |
| Sale/distribution of nitrous oxide delivery devices or flavored nitrous oxide | Class 1 Misdemeanor | A person sells, distributes, or offers to sell or distribute a device designed to deliver nitrous oxide for direct inhalation, or nitrous oxide marketed with food/beverage flavor or smell, to a person not exempted under subdivision E 1. | Va. Code Ann. § 18.2-264D |
| Sale or purchase of large nitrous oxide containers to/by non-exempt persons | Class 1 Misdemeanor | A person sells, distributes, offers to sell or distribute, or purchases or attempts to purchase a container of nitrous oxide exceeding eight grams without qualifying for one of the listed exemptions. | Va. Code Ann. § 18.2-264E |
Common questions about inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited in Virginia
Is inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited a felony or a misdemeanor in Virginia?
It depends on the circumstances: inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited ranges from a class 2 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-264.
Inhaling drugs or noxious substances to self-intoxicate: class 1 misdemeanor (Va. Code Ann. § 18.2-264B) · Causing or inducing another to inhale drugs or noxious substances: class 2 misdemeanor (Va. Code Ann. § 18.2-264C) · Sale/distribution of nitrous oxide delivery devices or flavored nitrous oxide: class 1 misdemeanor (Va. Code Ann. § 18.2-264D) · Sale or purchase of large nitrous oxide containers to/by non-exempt persons: class 1 misdemeanor (Va. Code Ann. § 18.2-264E)
What are the penalties for inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited in Virginia?
Penalties for inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited in Virginia depend on how it is classified — from a class 2 misdemeanor up to a class 1 misdemeanor — with the ranges set by Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited?
Inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited is governed by Va. Code Ann. § 18.2-264 (Inhaling drugs or other noxious chemical substances or causing, etc. others to do so prohibited; sale, distribution, etc. of nitrous oxide prohibited; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.