Inaccurate?

Malevolent Miasma

(Spell Compendium, p. 137)

Conjuration (Creation)
Level: Sorcerer 2, Wizard 2,
Components: V, S, AF,
Casting Time: 1 standard action
Range: Close (25 ft. + 5 ft./2 levels)
Area: 15-ft.-radius burst
Duration: Instantaneous
Saving Throw: Fortitude negates
Spell Resistance: No

You click the stones together in your hand and a gray fog, tinged with darker, malevolent streaks, springs up in the midst of your enemies.

The spell produces a toxic fog that deals 1d4 points of nonlethal damage per level (maximum 5d4). Creatures in the area that hold their breath are still subject to the effect. Creatures that are immune to poison are not affected by this spell.

Focus: Three polished gray stones.

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