Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 7303 (2026)

Sale or illegal use of certain solvents and noxious substances.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

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§ 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).

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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 (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. (Pa. Super. Ct. 2016). “3 See 18 Pa.C.S. § 7303. It is mistakenly referred to throughout the record as a “nauseous” chemical.”

Com. v. Boone, Z. (Pa. Super. Ct. 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 (Pa. Commw. Ct. 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).”

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