CHAPTER 68
HOUSE BILL NO. 1295
(Representatives Rose, Cleary, Jensen. N. Johnson)
ALCOHOL CONSUMPTION AND CHEMICAL INHALATION PENALTIES
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OR NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 5-01-08 of the 1997 Supplement to the North Dakota Century Code is amended and reenacted as follows:
5-01-08. Persons under twenty-one years of age prohibited from manufacturing, purchasing, consuming, or possessing alcoholic beverages or entering licensed premised - Penalty - Exceptions - Referrals to addiction facilities - Jurisdiction. Except as permitted in this section and section 5-02-06, any person under twenty-one years of age manufacturing or attempting to manufacture alcoholic beverages, purchasing or attempting to purchase alcoholic beverages, consuming or having recently consumed alcoholic beverages other than during a religious service, being under the influence of alcoholic beverages, or being in possession of alcoholic beverages, or furnishing money to any person for such purchase, or entering any licensed premises where alcoholic beverages are being sold or displayed, except a restaurant when accompanied by a parent or legal guardian, or in according with section 5-02-06, or if the person is a law enforcement officer entering the premise in the performance of official duty, is guilty of a class B misdemeanor. The court may, under this section, refer the person to an outpatient addiction facility licensed by the state department of human services for evaluation and appropriate counseling or treatment. The offense of consumption occurs in the county of consumption or the county where the offender is arrested.
SECTION 2. AMENDMENT. Section 12.1-31-06 of the North Dakota Century code is amended and reenacted as follows:
12.1-31-06. Volatile chemicals - Inhalation of vapors prohibited - Definitions - Penalty. A person is guilty of a class B misdemeanor if that person intentionally inhales the vapors of a volatile chemical in a manner designed to affect the person's central nervous system; to create or induce a condition of intoxication, hallucination, or elation; or to distort, disturb, or change the person's eyesight, thinking processes, balance, or coordination. This section does not apply to inhalations specifically prescribed for medical, dental, or optometric treatment purposes or to controlled substances described in chapter 19-03.1. For the purposes of this section, "volatile chemical" includes the following chemicals or their isomers:
- 1. Acetone.
- 2. Aliphatic hydrocarbons.
