Nitrous Oxide - The Law

The Law

Nitrous oxide is regulated by the U.S. Food and Drug Administration (FDA) as a food-grade propellant, medical-grade gas, and prescription drug. In 1971, the state of Maryland began controlling its sale and distribution. In the 1990s, in an attempt to curb the growing abuse of the gas, a number of other states followed suit. Connecticut, Arizona, Texas, Michigan, and Wisconsin were among the states that passed laws placing strong safeguards and stricter penalties on the illicit use of nitrous oxide.

Selling nitrous oxide for use as a drug carries stiff penalties. Distributors face up to 15 years in prison and fines of up to $1.5 million. In 2001, an Arizona man was sentenced to a 15-month jail term and fined $40,000 for a nitrous oxide sale that resulted in the death of a Virginia college student.

Until federal legislation is passed to prohibit the possession, inhalation, and distribution of nitrous oxide for purposes of intoxication, the CGA has proposed a list of recommendations regarding its use. The main goal of these recommendations is to keep the gas from falling into the wrong hands. Among the guidelines proposed by the CGA are:

  • restricting the sale of nitrous oxide to those who can prove they have a "legitimate use" for it
  • encouraging legitimate users to store containers of the gas and other equipment in a secured area
  • requiring medical and restaurant personnel to keep a careful count of used and unused cylinders
  • reporting any thefts to the police immediately.