Health & Safety Code · §485.033

Inhalant Paraphernalia

Inhalant Paraphernalia (§485.033): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Deliver/sell (or possess or manufacture to deliver/sell) inhalant paraphernalia
  • Knowing the recipient intends use in violation of §485.031
  • Using or possessing paraphernalia to inhale: Class B (§485.033(a), (c))

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Worked examples

Worked example 1

A person knowingly sells inhalant paraphernalia to someone, knowing the buyer intends to use it to inhale a volatile chemical in violation of HSC §485.031. Under §485.033, the offense is:

  1. Class C misdemeanor
  2. Class A misdemeanor Correct
  3. State jail felony
  4. Not an offense — only the user commits an offense
Why: §485.033(b): knowingly delivering, selling, possessing with intent to deliver or sell, or manufacturing with intent to deliver or sell inhalant paraphernalia, knowing the recipient intends to use it to inhale or otherwise introduce a volatile chemical in violation of §485.031, is a Class A misdemeanor. Knowingly using or possessing inhalant paraphernalia with intent to use it that way (§485.033(a)) is a Class B misdemeanor (§485.033(c)).
Statute: Tex. Health & Safety Code §485.033

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.