Tribe: The Osage Nation
§ 5-136. Intoxication.
A. It shall be unlawful to be under the influence of an intoxicating beverage, drugs or other controlled substance
or a substance having the property of releasing vapors, to any degree, in a public place or in a private place where
one unreasonably disturbs another person, under circumstances not amounting to disorderly conduct.
B. Intoxication shall be punishable by a fine not to exceed One Hundred Fifty Dollars ($150.00), or by a term of
imprisonment in the Tribal Jail not to exceed three months, or both. However, a Judge or the arresting law
enforcement officer may order the release from custody and the dropping of a charge under this section if he
believes further imprisonment is unnecessary for the protection of the individual or another and the individual is
in a sober condition at the time of release. The Judge may also commit the person convicted to a facility for
treatment if it appears that the person is dependent upon the intoxicating beverage, drugs, controlled substance
or vapor-producing substance, for a period not to exceed six months. […] § 5-139. Abuse of psychotoxic chemical solvents.
A. It shall be unlawful to purposely smell or inhale the fumes of any psychotoxic chemical solvent, or to possess,
purchase or attempt to possess or purchase any psychotoxic chemical solvent, with the intention of causing a
condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system; or to
sell, give away, dispense or distribute, or offer to sell, give away, dispense or distribute any psychotoxic chemical
solvent knowing or believing that the purchaser or another intends to use the solvent in violation of this section.
B. This section shall not apply to inhalation of anesthesia for medical or dental purposes.
C. As used in this section, “psychotoxic chemical solvent” includes any glue, cement or other substance
containing one or more of the following chemical compounds: acetone and acetate, benzene, butyl-alcohol,
methylethyl, petone, pentachlorophenol, petroleum ether, or other chemical substance capable of causing a
condition of intoxication, inebriation, excitement, stupefaction, or the dulling of the brain or nervous system as a
result of the inhalation of the fumes or vapors of such chemical substance. The statement of listing of the contents
of a substance packaged in a container by the manufacturer or producer thereof shall be proof of the contents of
such substance without further expert testimony if it reasonably appears that the substance in such container is
the same substance placed therein by the manufacturer or producer.
D. Abuse of psychotoxic chemical solvents shall be punishable by a fine not to exceed Two Hundred Fifty Dollars
($250.00), or by a term of imprisonment in the Tribal Jail not to exceed three months, or both. The Court may also
order any person using psychotoxic chemical solvents for inhalation to be committed to some facility for
treatment for a term not exceeding six months.
E.
Such psychotoxic chemical solvents kept or used in violation of this section are hereby declared to be
contraband and civil proceedings may be had against such psychotoxic chemical solvents as provided by law.