AN ACT to add ethyl alcohol as a substance specifically named as a toxic vapor and to make illegal an instrument that can be used to Vaporize or introduce ethyl alcohol into the body unless it is a device used to deliver a prescription medication or an approved over‑the‑counter medication.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑113.10 reads as rewritten:
"§ 90‑113.10.  Inhaling fumes for purpose of causing intoxication.
It is unlawful for any person to knowingly breathe or inhale any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance for the purpose of inducing a condition of intoxication. This section does not apply to any person using as an inhalant any chemical substance pursuant to the direction of a licensed medical provider authorized by law to prescribe the inhalant or chemical substance possessed."
SECTION 2.  Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑113.10A.  Alcohol vaporizing devices prohibited.
It shall be unlawful for any person to knowingly manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device. As used in this section, 'alcohol vaporizing device' or 'AVD' means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing ethyl alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An AVD does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense either a substance prescribed by a licensed medical provider authorized by law to prescribe the inhalant or chemical substance possessed, or an over‑the‑counter medication approved by monograph or new drug  application under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301, et seq.), provided the instrument is not used for the purpose of inducing a condition of intoxication through inhalation. Violation of this section is not a lesser included offense of G.S. 90‑113.22."
SECTION 3.  G.S. 90‑113.11 reads as rewritten: 
"§ 90‑113.11.  Possession of substances.
It is unlawful for any person to possess any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance which will induce a condition of intoxication through inhalation for the purpose of violating G.S. 90‑113.10."
SECTION 4.   G.S. 90‑113.12 reads as rewritten: 
"§ 90‑113.12.  Sale of substance.
It is unlawful for any person to sell, offer to sell, deliver, give, or possess with the intent to sell, deliver, or give any other person any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, ethyl alcohol, or any other substance which will induce a condition of intoxication through inhalation if he has reasonable cause to suspect that the product sold, offered for sale, given, delivered, or possessed with the intent to sell, give, or deliver, will be used for the purpose of violating G.S. 90‑113.10."
SECTION 5.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 21st day of June, 2007.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 6:05 p.m. this 27th day of June, 2007