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2018 Georgia Code 16-13-90 | Car Wreck Lawyer

TITLE 16 CRIMES AND OFFENSES

Section 13. Controlled Substances, 16-13-1 through 16-13-114.

ARTICLE 4 SALE, POSSESSION, TRANSFER, OR INHALATION OF MODEL GLUE

16-13-90. "Model glue" defined.

As used in this article, the term "model glue" means any glue, cement, solvent, or chemical substance containing one or more of the following chemicals: acetone, amyl chloride (iso- and tertiary), benzene, carbon disulfide, carbon tetrachloride, chloroform, ether, ethyl acetate, ethyl alcohol, ethylene dichloride, isopropyl acetate, isopropyl alcohol, isopropyl ether, methyl acetate, methyl alcohol, propylene dichloride, propylene oxide, trichlorethylene, amyl acetate, amyl alcohol, butyl acetate, butyl alcohol, butyl ether, diethylcarbonate, diethylene oxide (dioxane), dipropyl ketone, ethyl butyrate, ethylene glycol monoethyl ether (cellosolve), ethylene glycol monomethyl ether acetate (methyl cellosolve acetate), isobutyl alcohol, methyl amyl acetate, methyl amyl alcohol, methyl isobutyl ketone, or toluene.

(Ga. L. 1968, p. 1194, § 2; Ga. L. 1983, p. 3, § 13.)

JUDICIAL DECISIONS

Butane not listed.

- Trial court properly granted summary judgment in favor of a drug store in a wrongful death suit brought by the parents of a teenager who died while huffing butane and in a suit brought by the parents of two other teens who were injured since: the teens assumed the risk; the expert's affidavit presented by the parents was not based on personal knowledge from interviewing the teens and was conclusory and speculative; to the extent that the expert's affidavit fit within former O.C.G.A. § 24-9-67 (see now O.C.G.A. § 24-7-707), the expert's generalizations about the beliefs of adolescents about death or the propensity of adolescents to exercise poor judgment and behave irresponsibly were not appropriate yardsticks for assessing the minors' knowledge of the risk; the parents' claim that the drug store knew that the teens were going to misuse the butane was based on hearsay; and the parents' public policy claims were rejected as O.C.G.A. § 16-13-90 created a list of dangerous substances not to be sold to minors, butane was not on the list, and any change in the law had to be legislatively enacted. Garner v. Rite Aid of Ga., Inc., 265 Ga. App. 737, 595 S.E.2d 582 (2004).

OPINIONS OF THE ATTORNEY GENERAL

City may not adopt ordinance prohibiting glue sniffing, already denounced by state statute. 1970 Op. Att'y Gen. No. U70-59.

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