Yes, for glue, paint thinner, and other products that contain toluene or a combination of hydrocarbons. Under Penal Code section 381, having one of these products with the intent to inhale it to get high is a misdemeanor, and so is knowingly and intentionally being under its influence. The law applies anywhere, including at home, not only in public.
What Penal Code 381 prohibits
Penal Code section 381(a) covers anyone who possesses toluene, or a substance or material containing it, such as glue, cement, dope, paint thinner, paint, and any combination of hydrocarbons, “with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication” or another listed state, such as euphoria, dizziness, or dulled senses. The same subdivision reaches anyone who “knowingly and with the intent to do so is under the influence” of toluene, a material containing toluene, or any combination of hydrocarbons. These are two separate ways to commit the offense. Nothing in the text limits either one to a public place, a vehicle, or any other location.
Subdivision (b) reaches any substance that the State Department of Public Health has determined, by regulation, to have toxic qualities similar to toluene. Possessing such a substance with the same kind of purpose, or being under its influence, is also a misdemeanor. Section 381 covers another inhalant only if it fits one of these descriptions. Nitrous oxide is governed by a different statute, Penal Code section 381b.
Selling to someone under 18 is a different crime
Penal Code section 380 punishes a person who “sells, dispenses or distributes toluene, or any substance or material containing toluene, to any person who is less than 18 years of age.” That misdemeanor targets the seller, not the user, and has its own penalty: a fine of $1,000 to $2,500, or six months to one year of imprisonment. It does not bar selling gasoline or other motor vehicle fuels to minors, and it exempts glue or cement certified as containing a substance that makes it foul-smelling or causes sneezing, as well as glue or cement sold as part of a model or hobby craft kit. If your question is about your own possession or use, section 381, not section 380, is the statute that matters.
How this differs from public intoxication
The public intoxication statute, Penal Code section 647(f), also names toluene, but it applies only to someone found in a public place who is either “unable to exercise care for their own safety or the safety of others” or, because of the intoxication, obstructs a street, sidewalk, or other public way. Section 381 has neither requirement. Someone can violate it at home, alone, by having one of these products with the intent to inhale it, or by being knowingly and intentionally under its influence. The firm’s public intoxication and drunk in public pages cover section 647(f).
What the intent element requires
Owning glue, paint thinner, or a similar product for painting, crafts, repairs, or other ordinary uses is not what this law punishes. The possession offense requires the purpose of breathing, inhaling, or ingesting the product to become intoxicated or reach one of the other listed states, and the other offense requires being under its influence knowingly and intentionally. A can of thinner in the garage does not satisfy either one by itself.
Penalty
Section 381 declares the offense a misdemeanor but sets no jail term or fine of its own, so the default in Penal Code section 19 applies. That section makes such an offense “punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars,” or both.
If you are facing a charge involving glue, paint thinner, or another inhalant, whether it is filed as possession, being under the influence, public intoxication, or something else, the Law Offices of David S. Chesley can review the facts, the location, and the statute the charge actually relies on. Call (800) 755-5174 to discuss your case.