I am so sorry to hear of your struggle -this type of addiction can be very challenging;
often times for cases like this where a third party is not injured, a seasoned attorney can get the charges dropped so that they can plea bargain the case down to probation, with mandatory treatment, counseling and community service. It is generally ineffective to lock some one up in jail for these issues, because the true need is rehab, not punitive sentences. The criminal system is designed to have more of an emphasis on the punitive side, which is why it is important to have an attorney on one's side, to help plea out and argue for the rehab remedies. A public attorney will be able to assist in such an effort.
The penalty varies based on whether there is an intent to distribute, amount of drugs at issue, past convictions, etc.
Here is the relevant code:
21-5712. Unlawful abuse of toxic vapors. (a) Unlawful abuse of toxic vapors is possessing, buying, using, smelling or inhaling toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses of the nervous system.
(b) Unlawful abuse of toxic vapors is a class B nonperson misdemeanor.
(c) In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program, treatment program or both such programs as provided in K.S.A. 8-1008, and amendments thereto.
(d) This section shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
(e) For the purposes of this section, the term "toxic vapors" means vapors from the following substances or products containing such substances:
(1) Alcohols, including methyl, isopropyl, propyl or butyl;
(2) aliphatic acetates, including ethyl, methyl, propyl or methyl cellosolve acetate;
(5) carbon tetrachloride;
(7) freons, including freon 11 and freon 12;
(9) methyl ethyl ketone;
(10) methyl isobutyl ketone;
(14) trichloroethane; or
(f) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (e) as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.
Class B misdemeanors are punishable according to code 21-6602, 21-6611, by up to six months in jail and a fine of up to $1,000. That is the maximum, and it can be plead down to a lesser offense so that probation will suffice.
If one has a plan when meeting with a Public Defender or private attorney, it should be proposed so the judge/prosecutor is aware of it-ie admission to a drug rehab in house facility, scheduled therapy by a subtance abuse counselor, etc.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
(Kan. Stat. Ann. §§ 21-6602, 21-6611.