Accused of Huffing or Inhaling? A Minnesota Misdemeanor Defense Lawyer Explains Statute § 609.684
You’re in a situation you never expected, facing a criminal charge that feels both embarrassing and frightening. You’ve been charged with Abuse of Toxic Substances under Minnesota Statute § 609.684. Maybe it was a moment of poor judgment, a misunderstanding, or perhaps you were simply in the wrong place at the wrong time. Law enforcement might have found you with aerosol cans, butane lighters, or glue, and now they are accusing you of possessing them with the intent to get high. The charge itself—often called “huffing”—carries a heavy stigma, and you are likely worried about what this means for your future, your reputation, and your freedom.
Prosecutors in Minnesota, from Minneapolis and St. Paul to Rochester and Duluth, can pursue these charges aggressively. They may not see the context of your situation; they only see a charge they want to convict you on. Perhaps the items were for a legitimate purpose—a construction project, a hobby, or simply items you had in your car. But now you are the one facing a misdemeanor, a criminal record, and the possibility of jail time. You do not have to go through this alone. I am a Minnesota criminal defense attorney who has defended clients across the state, from Hennepin and Ramsey counties to communities like St. Cloud, Bloomington, and Maple Grove. I understand that a charge is not a conviction, and your story needs to be heard.
What Abuse of Toxic Substances Actually Means in Minnesota
In Minnesota, the crime of Abusing Toxic Substances is not about the mere possession of common household or industrial products like glue, aerosol paint, or butane. The entire case hinges on your intent. To be convicted, the prosecution must prove beyond a reasonable doubt that you possessed or used one of these substances with the specific purpose of getting high—of “inducing intoxication, excitement, or stupefaction of the central nervous system.” This means that having a can of spray paint for a project in Plymouth or a butane lighter in your pocket is perfectly legal. The “Minnesota Abuse of Toxic Substances charge” only becomes a crime when the state can prove your state of mind.
This focus on intent is what makes these accusations so defensible. A “facing huffing accusation” situation often arises from circumstantial evidence. Police may find you in a secluded area in a Brooklyn Park alleyway or in a car in an Eagan parking lot with these items and assume the worst. They might point to your physical appearance or behavior as “proof” of intoxication. My job is to challenge these assumptions and show that the state’s evidence of your intent is weak, speculative, and insufficient to support a criminal conviction.
Minnesota Law on Abuse of Toxic Substances — Straight from the Statute
The entire case against you is built on the specific language found in the Minnesota Statutes. To effectively defend yourself, you must first understand the law you are accused of breaking.
The controlling law is Minnesota Statute § 609.684, ABUSE OF TOXIC SUBSTANCES.
Subdivision 1. Toxic substances. For purposes of this section, “toxic substance” means:
(1) glue, cement, or aerosol paint containing toluene, benzene, xylene, amyl nitrate, butyl nitrate, nitrous oxide, or containing other aromatic hydrocarbon solvents…
(2) butane or a butane lighter; or
(3) any similar substance declared to be toxic to the central nervous system and to have a potential for abuse, by a rule adopted by the commissioner of health…
Subd. 3. Use for intoxication prohibited. A person is guilty of a misdemeanor who uses or possesses any toxic substance with the intent of inducing intoxication, excitement, or stupefaction of the central nervous system, except under the direction and supervision of a medical doctor. A person is guilty of a misdemeanor who intentionally aids another in violation of this subdivision.
Breaking Down the Legal Elements of Abuse of Toxic Substances in Minnesota
For the state to convict you of this misdemeanor, they must prove two key elements beyond a reasonable doubt. My role as your defense attorney is to dismantle the prosecution’s argument by showing they cannot meet this high standard. We will scrutinize every piece of their evidence to find the weaknesses and build a powerful defense.
- Possession or Use of a Toxic Substance: The prosecutor must first prove that you either used or possessed a substance that is legally defined as “toxic” under the statute. This includes specific chemicals found in glue, cement, and aerosol paints, as well as butane. The law is very specific. If the substance you possessed does not contain the prohibited chemicals or has not been officially declared toxic by the commissioner of health, the charge cannot stand. We will challenge the state’s evidence, demanding lab reports and proof that the item in question falls under the narrow legal definition.
- Intent to Induce Intoxication: This is the heart of the case and the most critical element for the prosecution to prove. It is not illegal to simply possess these items. The state must prove, with evidence, that your specific reason for having them was to get high. They will use circumstantial evidence to do this—the location of your arrest, your physical condition, any paraphernalia found. Our defense will focus on providing a legitimate, alternative reason for your possession of the substance. Without proving your intent, the state’s entire case falls apart.
Penalties for an Abuse of Toxic Substances Conviction in Minnesota Can Be Severe
Do not let the “misdemeanor” label fool you. A conviction for Abusing Toxic Substances is a criminal offense that carries serious penalties and creates a permanent, public criminal record. This isn’t like a traffic ticket; it’s a conviction that can impact your life for years to come. Understanding the potential “penalties for Abuse of Toxic Substances in Minnesota” is the first step in recognizing how important it is to fight this charge.
Misdemeanor Conviction
As a misdemeanor, a conviction under Minnesota Statute § 609.684 can result in:
- Up to 90 days in jail.
- A fine of up to $1,000.
- A period of probation with strict conditions, which could include chemical dependency evaluations or treatment.
The “Minnesota sentencing for huffing” is not just about the immediate penalties. The criminal record it creates can be a significant barrier to future opportunities.
What Abuse of Toxic Substances Looks Like in Real Life — Common Scenarios in Minnesota
These charges often stem from situations that are misinterpreted by law enforcement or arise during moments of personal crisis. Here are some common scenarios that could lead to a charge under § 609.684.
The Misunderstood Hobbyist
You are in your garage in a Minneapolis suburb like Bloomington, working on building a model airplane. You have various glues and cements, as the hobby requires. A neighbor, concerned by the chemical smell, calls the police. The officers arrive, see the materials, and assume you are huffing. Despite the model kits being clearly visible, they arrest you based on the presence of the substances, forcing you to prove your innocent intent in court.
The Construction Worker
You work in construction in the St. Paul area and keep supplies in your truck, including industrial-strength adhesives and aerosol paint cans. You are pulled over for a minor traffic violation, and the officer sees these materials in your vehicle. The officer, perhaps noticing you seem tired or disoriented after a long shift, jumps to the conclusion that you are abusing these substances and charges you with a crime.
The Teenager in the Park
A group of teenagers is hanging out in a park in Duluth after dark. One of them has a can of aerosol paint they were using for an art project. Police on patrol approach the group and, seeing the paint can and smelling fumes, assume the teens are huffing. They charge everyone in the group with possession with intent to abuse toxic substances, even those who had nothing to do with the paint.
The Butane Lighter for a Lawful Purpose
You are camping with friends near the St. Cloud area. You have several butane lighters for starting your campfire and camp stove. A park ranger comes upon your campsite and, for whatever reason, becomes suspicious. They see the collection of lighters and, based on nothing more than a hunch, decide to charge you with possessing a toxic substance with the intent to induce intoxication, turning a recreational trip into a legal nightmare.
Legal Defenses That Might Work Against Your Abuse of Toxic Substances Charge
Being charged with a crime, especially one with a social stigma like this, can make you feel powerless. But you have rights, and the prosecution’s case may be far weaker than it seems. The state has the burden of proving every element of the offense, including your secret intent. An aggressive defense strategy will focus on their failure to meet this burden and expose the holes in their case.
My approach is to challenge everything. We will question the legality of the police search, the classification of the substance, and most importantly, the state’s flimsy evidence of your alleged intent. A skilled defense attorney knows that these cases are often built on assumptions rather than facts. We will present the truth and fight for a dismissal, a reduction of the charge, or a not-guilty verdict at trial. The “defenses to huffing charges in Minnesota” are robust, and we will use them to protect your future.
Lack of Intent
This is the cornerstone defense for this charge. It is not illegal to possess glue, paint, or butane lighters. The crime is possessing them with the specific intent to get high. We will prove you had a legitimate purpose for possessing the substance.
- Legitimate Use: We will present evidence of your lawful reason for having the item. Were you a contractor with work supplies in your truck? A hobbyist with model glue? A camper with butane for a stove? Receipts, testimony from your employer, or photos of your project can all be used to demonstrate your innocent intent.
- No Signs of Use: We can argue that there is no physical evidence you were using the substance for intoxication. We can point to the lack of residue on your face or hands, the absence of paraphernalia like bags or rags, and the fact that the product itself was sealed or unused.
The Substance Is Not “Toxic” Under the Law
The statute has a very specific definition of what constitutes a “toxic substance.” If the item you possessed does not fit this definition, the charge must be dismissed.
- Chemical Composition: Does the glue or paint actually contain the specific solvents listed in the statute (toluene, benzene, xylene, etc.)? We can demand the prosecution produce a lab analysis of the substance. If they cannot prove it contains a prohibited chemical, their case fails.
- Model Kit Exception: The law explicitly exempts glue or cement contained in a packaged model kit. If you were working on a model car, airplane, or a similar item, your possession of the included adhesives is perfectly legal.
Unlawful Search and Seizure
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches. If the police found the substance by violating your rights, the evidence can be suppressed and the case against you will likely collapse.
- Illegal Stop: Did the police have a valid reason to stop you or your vehicle in the first place? If they stopped you based on a mere hunch or an illegal pretext, any evidence they found is “fruit of the poisonous tree” and cannot be used against you.
- Warrantless Search: Did the police have a warrant to search your person, vehicle, or home? If not, did they have a valid exception to the warrant requirement, like your consent or items in plain view? We will scrutinize the police report and body camera footage to identify any constitutional violations.
Challenging the Officer’s Observations
The prosecution’s case often rests entirely on the subjective observations of the arresting officer. We can challenge the officer’s interpretation of your physical state.
- Alternative Explanations for Symptoms: If the officer claims you had slurred speech, red eyes, or an unsteady gait, we can provide alternative explanations. Were you tired, ill, or emotionally upset? Do you have a medical condition that could explain your symptoms?
- Credibility and Bias: We will cross-examine the officer to test their memory, observations, and potential biases. Did they follow proper procedure? Were their notes and report accurate and consistent? Creating doubt about the officer’s testimony is a powerful way to win a case.
Minnesota Abuse of Toxic Substances FAQs — What You Need to Know Now
Will I go to jail for an Abuse of Toxic Substances charge?
As a misdemeanor, this charge carries a maximum penalty of 90 days in jail. However, for a first-time offense, a lengthy jail sentence is unlikely. A skilled defense attorney can often negotiate a resolution that involves no jail time, such as probation or a fine, or even get the case dismissed entirely.
What is the maximum fine for this offense?
The maximum fine for a misdemeanor in Minnesota is $1,000. The actual fine imposed by a judge will depend on the specifics of your case and your prior record. On top of the fine, you will likely be ordered to pay court costs and fees.
Can a misdemeanor charge be dismissed?
Yes, absolutely. A charge is only an accusation. An experienced attorney can often get a misdemeanor dismissed by showing the prosecutor the weaknesses in their case, by winning a motion to suppress illegally obtained evidence, or through negotiations for a Continuance for Dismissal.
Do I need a lawyer for a misdemeanor in St. Paul?
It is always in your best interest to have a lawyer, even for a misdemeanor. The legal system is complex, and prosecutors in Ramsey County are not there to help you. A lawyer can protect your rights, navigate the court process for you, and work to achieve an outcome—like a dismissal—that you are unlikely to get on your own.
How long will this charge stay on my record?
A misdemeanor conviction is a criminal record that stays with you permanently unless you get it expunged. The expungement process in Minnesota is complex and requires a separate court action. The best way to protect your record is to fight the charge now and avoid a conviction.
Is possessing a butane lighter illegal?
No. Possessing a butane lighter is only illegal if you possess it with the intent to use the butane to get intoxicated. For any other purpose—lighting a cigarette, a candle, a campfire—it is perfectly legal. The burden is on the state to prove your unlawful intent.
What if the substance was for my job?
This is a strong defense. If you possessed the substance (e.g., glue, cement, paint) as part of your employment, this demonstrates a clear, legitimate purpose. We can use testimony from your employer, invoices, or the nature of your work to prove your intent was lawful.
The police didn’t read me my rights. Can the case be dismissed?
This is a common misconception. The police are only required to read you your Miranda rights if you are (1) in custody and (2) they are interrogating you. If they did not ask you incriminating questions after your arrest, the failure to read you your rights may not affect the case. However, if they did interrogate you without a Miranda warning, any statements you made can be suppressed.
What is a Continuance for Dismissal (CFD)?
A Continuance for Dismissal is a fantastic outcome that a lawyer can often negotiate. It is an agreement where the case is put on hold for a period of time (usually 6-12 months). If you abide by certain conditions (like remaining law-abiding), the charge is completely dismissed at the end of the period, as if it never happened.
What if I was helping someone else who was huffing?
The law states that a person who “intentionally aids another” in violating this subdivision is also guilty of a misdemeanor. If you bought the substance for someone knowing they intended to abuse it, or assisted them in the act, you could be charged as an accomplice.
Does this charge show up on a background check?
Yes. A misdemeanor conviction is part of your public criminal record and will appear on most standard background checks conducted by employers, landlords, and licensing agencies. This is one of the most compelling reasons to fight the charge.
Can I be charged if I was just in the car with someone who was huffing?
Possibly. A prosecutor could try to charge you under a theory of “aiding and abetting” or “constructive possession” of the substance. However, merely being present is not a crime. They would have to prove you actively participated or shared the intent to possess the substance for an unlawful purpose.
What if I have a real substance abuse problem?
If you are struggling with substance abuse, the criminal court system can sometimes be a path to getting help. An attorney can advocate for a resolution that focuses on treatment rather than punishment. This might involve a diversion program or a stay of adjudication where the charge is dismissed after you successfully complete a treatment program.
Can I be charged for possessing nitrous oxide whippets?
Yes. The statute specifically lists “nitrous oxide” as a toxic substance. Possessing nitrous oxide canisters, often called “whippets,” with the intent to inhale the gas for intoxication is a misdemeanor under this law.
Why hire a lawyer for a misdemeanor? It seems like a waste of money.
Hiring a lawyer is an investment in your future. The cost of a misdemeanor conviction is not just the fine; it’s the permanent criminal record that can cost you job opportunities and peace of mind for years. An attorney can often save you money in the long run by getting the case dismissed, avoiding fines, and protecting your clean record.
What an Abuse of Toxic Substances Conviction Could Mean for Your Life
It’s tempting to downplay a misdemeanor. It’s not a felony, so how bad can it be? The truth is, any criminal conviction can create a ripple effect of negative consequences that can impact your life in unexpected ways. Understanding the “life after a huffing conviction in Minnesota” is critical.
The Stain of a Criminal Record
The most immediate and lasting consequence is the creation of a public criminal record. This record is easily accessible to anyone who runs a background check. For the rest of your life, you will have to answer “yes” on applications that ask if you have ever been convicted of a crime. This single conviction, even for a misdemeanor, can follow you forever.
Damage to Employment Prospects
Many employers have policies against hiring individuals with drug-related offenses on their record. A conviction for Abusing Toxic Substances, which is fundamentally a charge about getting high, can be a major red flag. It can disqualify you from jobs in healthcare, education, childcare, government, and any position that requires driving or operating machinery. The “criminal record consequences for huffing” can severely limit your career options.
Difficulty Finding Housing
Landlords, like employers, are often risk-averse. When they run a background check and see a drug-related conviction, they may deny your rental application. They may worry about property damage or illegal activity. This can make it incredibly difficult to find safe, affordable housing, especially in competitive rental markets like Minneapolis or its suburbs.
Loss of Professional Licenses
If you hold a professional license (e.g., as a nurse, teacher, real estate agent, or commercial driver), a misdemeanor conviction could put your license in jeopardy. You will likely have to report the conviction to your licensing board, which could trigger an investigation and potentially lead to suspension or revocation of the license you worked so hard to earn.
Why You Need a Tough, Experienced Minnesota Misdemeanor Attorney
When you are facing a criminal charge, no matter how minor it may seem, you are going up against the power of the state. The prosecutor’s job is to secure a conviction. My only job is to protect you. You need an aggressive, knowledgeable legal advocate who will fight for your rights and work tirelessly to achieve the best possible outcome.
An Advocate Who Knows the System
The court process is confusing and filled with procedural traps. I navigate this system every single day. I know the prosecutors in Minneapolis, St. Paul, and across the state. I know the judges and their tendencies. I know how to file the right motions, make the right arguments, and negotiate from a position of strength. I can often handle court appearances for you, so you don’t have to miss work or school.
A Strategist to Dismantle the Prosecution’s Case
A strong defense doesn’t just happen. It is built through careful investigation and strategic planning. I will start by obtaining all of the state’s evidence against you—the police reports, body camera videos, and any lab results. I will then meticulously pick it apart, looking for weaknesses, inconsistencies, and constitutional violations. Was the search legal? Can they prove your intent? Is the substance even covered by the statute? I will find the flaws in their case and use them to your advantage.
A Negotiator to Secure the Best Result
Over 90% of criminal cases are resolved through negotiation, not trial. You need a lawyer who is a skilled and respected negotiator. I can often reach a resolution that avoids a criminal conviction altogether. This could be a Continuance for Dismissal (CFD), a diversion program, or a plea to a non-criminal offense like a petty misdemeanor. These outcomes protect your record and your future—results that are nearly impossible to achieve on your own.
A Trial-Ready Fighter in Your Corner
While most cases don’t go to trial, you need an attorney who is ready, willing, and able to take your case all the way to a jury and win. Prosecutors are more likely to offer a favorable deal to an attorney they know is not afraid of a courtroom battle. I prepare every case as if it is going to trial. This aggressive preparation ensures we are in the strongest possible position, whether we are negotiating a plea or arguing your case to a jury for a not-guilty verdict. Your freedom is too important to leave in the hands of someone who is not prepared to fight.