O.C.G.A.
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.
No person shall, for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration, or dulling of the senses or nervous system, intentionally smell or inhale the fumes from any model glue, provided that this Code section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
History
Ga. L. 1968, p. 1194, § 1.
Annotations
JUDICIAL DECISIONS Evidence of violation. - Spray paint containing acetone was within the definition of model glue and evidence of the defendant’s possession was sufficient to support an adjudication of delinquency for having inhaled model glue. In re T.S., 211 Ga. App. 46, 438 S.E.2d 159, 1993 Ga. App. LEXIS 1405 (1993). Presence of toluene in spray paint, an essential element of the crime, was not proven because the contents label was hearsay and, absent a recognized excep-
tion, could not prove the truth of the matter asserted. Ledford v. State, 239 Ga. App. 237, 520 S.E.2d 225, 1999 Ga. App. LEXIS 926 (1999), cert. denied, No. S99C1706, 2000 Ga. LEXIS 61 (Ga. Jan. 14, 2000), superseded by statute as stated in Childers v. State, 358 Ga. App. 568, 855 S.E.2d 766, 2021 Ga. App. LEXIS 96 (2021), superseded by statute as stated in Bryan v. State, No. A24A0048, 2024 Ga. App. LEXIS 217 (Ga. Ct. App. June 5, 2024).
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
4
cases (
1 in the last 5 years), 1993–2021 · leading case:
Ledford v. State, 520 S.E.2d 225 (Ga. Ct. App. 1999).
Ledford v. State, 520 S.E.2d 225 (Ga. Ct. App. 1999).
· cites it 12× “Ledford was located in another trailer near the scene. The deputies knocked on the door of the trailer, and Ledford answered.”
In the Interest of T. S., 438 S.E.2d 159 (Ga. Ct. App. 1993).
· cites it 4× “Appellant was tried on two petitions alleging that he was delinquent for possession of alcohol by a minor, OCGA § 3-3-23; inhaling model glue, OCGA § 16-13-91; and for committing the designated felony act of aggravated assault, OCGA § 15-11-37 (a) (2) (B).”
Poole v. State, 548 S.E.2d 113 (Ga. Ct. App. 2001).
· cites it 2× “” That Code section prohibits, for the purpose of causing, inter alia, intoxication, “intentionally smell [ing] or inhal[ing] the fumes from any model glue. . . .” In OCGA § 16-13-90, model glue is defined as any “glue, cement, solvent, or chemical substance containing one or…”
Bailee M. Childers v. State (Ga. Ct. App. 2021).
· cites it 4× “237 ( 520 SE2d 225 ) (1999) (physical precedent only)4] case 4 In Ledford, the defendant, who acknowledged “huffing” paint from a spray can, was charged under OCGA § 16-13-91 with inhaling “paint containing acetone and 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.