State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-113_10A

§ 90‑113.10A.  Alcoholvaporizing devices prohibited.

It shall be unlawful for anyperson to knowingly manufacture, sell, give, deliver, possess, or use analcohol vaporizing device. As used in this section, "alcohol vaporizingdevice" or "AVD" means a device, machine, apparatus, orappliance that is designed or marketed for the purpose of mixing ethyl alcoholwith pure or diluted oxygen, or another gas, to produce an alcoholic vapor thatan individual can inhale or snort. An AVD does not include an inhaler,nebulizer, atomizer, or other device that is designed and intended by themanufacturer to dispense either a substance prescribed by a licensed medicalprovider authorized by law to prescribe the inhalant or chemical substancepossessed, or an over‑the‑counter medication approved by monographor new drug application under the Federal Food, Drug, and Cosmetic Act (21U.S.C. § 301, et seq.), provided the instrument is not used for the purpose ofinducing a condition of intoxication through inhalation. Violation of thissection is not a lesser included offense of G.S. 90‑113.22. (2007‑134, s. 2.)