Health & Safety Code · §485.031

Volatile Chemicals

Volatile Chemicals is covered under §485.031 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Inhales, ingests, applies, or uses a volatile chemical; For purpose of effect on mental processes / induce intoxication; Class B misdemeanor.

Elements you must prove

  • Inhales, ingests, applies, or uses a volatile chemical
  • For purpose of effect on mental processes / induce intoxication
  • Class B misdemeanor

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Worked examples

Worked example 1

Inhaling, ingesting, applying, or using a volatile chemical (huffing) under HSC §485.031 is what level?

  1. Class A misdemeanor
  2. Class B misdemeanor (default) Correct
  3. State jail felony
  4. 3rd degree felony
Why: Use/abuse of a volatile chemical (paint thinner, gasoline, glue, etc.) for the effect on mental processes is a Class B misdemeanor. Sale or distribution to a person younger than 17 is more serious.
Statute: Tex. Health & Safety Code §485.031

Statutory definitions for this topic

Volatile chemical (huffing) Tex. Health & Safety Code §485.031, §485.033
An abusable chemical inhaled, ingested, applied, or used for the effect on mental processes / to induce intoxication (paint thinner, gasoline, glue, etc.). Abuse: Class B misdemeanor. Sale to minor under 17 for inhalation: Class A.