Health & Safety Code · §485.034

Volatile Chemicals

Volatile Chemicals is covered under §485.034 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Sale of abusable volatile chemical; Seller knows or should know recipient intends to inhale; Class A misdemeanor.

Elements you must prove

  • Sale of abusable volatile chemical
  • Seller knows or should know recipient intends to inhale
  • Class A misdemeanor

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Worked examples

Worked example 1

Tex. Health & Safety Code §485.034 — selling an abusable volatile chemical to a person who the seller knows OR should know intends to inhale it — is what level?

  1. Class C
  2. Class A misdemeanor Correct
  3. State jail felony
  4. Class B misdemeanor
Why: Knowing / should-know sale of abusable volatile chemical (paint, glue, gas) for inhalation is a Class A misdemeanor. Specific products — paint thinners, certain glues, gasoline — commonly trigger inquiry of clerks selling.
Statute: Tex. Health & Safety Code §485.034