File #: Int 0439-2004    Version: * Name: Prohibiting the sale and use of any device designed to convert alcohol into vapor enabling its inhalation.
Type: Introduction Status: Filed
Committee: Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services
On agenda: 9/9/2004
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the sale and use of any device designed to convert alcohol into vapor enabling its inhalation.
Sponsors: Maria Baez, Helen D. Foster, Vincent J. Gentile, Peter F. Vallone, Jr., Yvette D. Clarke, Larry B. Seabrook, Letitia James, Lewis A. Fidler, Sara M. Gonzalez, Melinda R. Katz, John C. Liu, Michael E. McMahon, Annabel Palma, Domenic M. Recchia, Jr., Kendall Stewart, Albert Vann, David I. Weprin, James F. Gennaro, Joel Rivera, James Sanders, Jr., Helen Sears, Philip Reed, Miguel Martinez, Margarita Lopez, Dennis P. Gallagher, Andrew J. Lanza
Council Member Sponsors: 26

Int. No. 439

 

By Council Members Baez, Foster, Gentile, Vallone Jr., Clarke, Seabrook, James, Fidler, Gonzalez, Katz, Liu, McMahon, Palma, Recchia Jr., Stewart, Vann, Weprin, Gennaro, Rivera, Sanders Jr., Sears, Reed, Martinez, Lopez, Gallagher and Lanza

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the sale and use of any device designed to convert alcohol into vapor enabling its inhalation.

 

Be it enacted by the Council as follows:

 

Section One.  Legislative Intent and Findings.

 

                     Recently, a private corporation brought to market a device designed to combine oxygen with liquid alcohol to create alcohol in vapor form.  Said vapor may then be consumed through inhalation, causing the user to experience the traditional effects of intoxication, including mild euphoria and motor impairment.

                     Although its long-term physical dangers cannot be determined due to the device’s novelty, it is widely agreed by health experts that this particular method of introducing alcohol into the body poses significant health risks.  As the resulting mist is inhaled, the vapor bypasses the stomach and liver, normally serving to filter alcohol from the bloodstream, and delivers a high concentration of alcohol to the brain.

The significant danger that directly exposing the brain to alcohol may potentially lead to permanent nerve damage, particularly after prolonged use, warrants prohibition of the device.

§2.  Chapter 1 of title 10 of the administrative code of the city of New York is

amended to add a new section 10-162, to read as follows:

 

§10-162.  Devices Permitting Inhalation of Vaporized Alcohol.

 

It shall be unlawful for any person to manufacture, sell or offer for sale, possess or use, or attempt to use, any device, machine, apparatus or instrument of any kind designed to convert any alcoholic beverage or product containing alcohol, either solely or combined with any other substance, into a gaseous or vaporous form to be subsequently discharged, emitted or released for consumption by inhalation.

§3.  This local law shall become effective immediately.