O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-13-90 (2019)

“Model glue” defined

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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

Annotations

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 Ga. App. LEXIS 243 (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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1993–2021 · leading case: Ledford v. State, 520 S.E.2d 225 (Ga. Ct. App. 1999).
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Ledford v. State, 520 S.E.2d 225 (Ga. Ct. App. 1999). · cites it 8× “OCGA § 16-13-90. Ledford was indicted for inhaling "paint containing acetone and toluene.”
In the Interest of T. S., 438 S.E.2d 159 (Ga. Ct. App. 1993). · cites it 2× “OCGA § 16-13-90. This evidence was sufficient to support appellant’s adjudication of delinquency for joint underage possession of alcohol and for having inhaled “model glue” for the purpose of intoxication or stupefaction as proscribed by OCGA § 16-13-91.”
Garner v. Rite Aid of Georgia, Inc., 595 S.E.2d 582 (Ga. Ct. App. 2004). · cites it 2× “” In enacting OCGA § 16-13-90, the legislature created an extensive list of “model glue” type substances that it deemed dangerous for purchase and inhalation by minors.”
Poole v. State, 548 S.E.2d 113 (Ga. Ct. App. 2001). · cites it 2× “” In OCGA § 16-13-90, model glue is defined as any “glue, cement, solvent, or chemical substance containing one or more of the following chemicals: [numerous chemicals listed, including] toluene.”
Bailee M. Childers v. State (Ga. Ct. App. 2021). · cites it 2× “” The only proof at trial of the presence of toluene in the paint was the introduction of the spray paint can, the label of which listed the ingredients, including toluene.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.