§ 7303. Sale or illegal use of certain solvents and noxious substances.
(a) Offense defined.--No person shall, for the purpose of causing a condition of intoxication, inebriation,
excitement, stupefaction, or the dulling of his brain or nervous system, intentionally
smell or inhale the fumes from any noxious substance or substance containing a solvent
having the property of releasing toxic vapors or fumes.
(b) Exception.--Subsection (a) of this section shall not apply to the inhalation of any anesthesia
for medical or dental purposes.
(c) Possession prohibited.--No person shall, for the purpose of violating subsection (a) of this section, use,
or possess for the purpose of so using, any noxious substance or substance containing
a solvent having the property of releasing toxic vapors or fumes.
(d) Sale prohibited.--No person shall sell at retail, or offer to sell, to any other person any tube or
other container of any noxious substance or substance containing a solvent having
the property of releasing toxic vapors or fumes, if he has reasonable cause to suspect
that the product sold, or offered for sale, will be used for the purpose set forth
in subsection (a) of this section.
(e) Grading.--Any person who violates any provision of this section shall be guilty of a misdemeanor
of the third degree.
(f) Definition.--As used in this section, the phrase "any noxious substance or substance containing
a solvent having the property of releasing toxic vapors or fumes" shall mean any substance
containing one or more of the following chemical compounds: acetone, acetate, benzene,
butyl alcohol, cyclohexyl nitrite, ethyl alcohol, ethylene dichloride, gaseous or
liquid fluorocarbons, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous
oxide, pentachlorophenol, petroleum ether, or toluene.
(Dec. 19, 1997, P.L.615, No.62, eff. imd.; Dec. 20, 2000, P.L.831, No.116, eff. 60
days)
Cross References. Section 7303 is referred to in section 5502 of Title 30 (Fish); section 3802 of Title
75 (Vehicles).
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 2009–2024 · leading case:
Commonwealth v. DiPanfilo, 993 A.2d 1262 (Pa. Super. Ct. 2010).
Commonwealth v. DiPanfilo, 993 A.2d 1262 (Pa. Super. Ct. 2010).
“(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).”
Commonwealth v. Griffith, 985 A.2d 230 (Pa. Super. Ct. 2009).
· cites it 2× “(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).”
Commonwealth v. Packer, 146 A.3d 1281 (Pa. Super. Ct. 2016).
“4 This time is taken from the accident reconstruction diagrams generated by the Pennsylvania State Police and entered and admitted into evidence as Commonwealth Exhibits 10, 11, and 12.”
Commonwealth v. Wilson, 101 A.3d 1151 (Pa. Super. Ct. 2014).
“(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).”
Com. v. Dourlain, B., 315 A.3d 868, 2024 PA Super 93 (Pa. Super. Ct. 2024).
· cites it 2× “(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).”
Com. v. Packer, D., No. 1032 MDA 2015 (Pa. Super. Ct. May 20, 2016).
“3 See 18 Pa.C.S. § 7303. It is mistakenly referred to throughout the record as a “nauseous” chemical.”
Com. v. Boone, Z., No. 2081 MDA 2016 (Pa. Super. Ct. Oct. 10, 2017).
“18 Pa.C.S. § 7303. According to the Commonwealth, the trial court erred in concluding that Trooper Snarski lacked probable cause to arrest Boone for DUI – controlled substance.”
D. Dubbs v. Bureau of Driver Licensing, No. 244 C.D. 2021 (Pa. Commw. Ct. Nov. 16, 2021).
“(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).”
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.