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HB2191 - 572R - I Ver
PREFILED��� JAN 09 2026
REFERENCE TITLE:
unlawful use; sale; laughing gas
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2191
Introduced by
Representative
Willoughby
AN
ACT
AMENDING SECTION 13-3403, ARIZONA
REVISED STATUTES; repealing sections 13-3403.01 and 13-3403.02,
ARIZONA REVISED STATUTES; amending section 28-3309, Arizona Revised
Statutes; RELATING TO DRUG OFFENSES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3403, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-3403.
Possession and sale of a vapor-releasing substance
containing a toxic substance; regulation of sale; exceptions; classification;
definition
A. A person shall not knowingly:
1. Breathe, inhale or drink a vapor-releasing
substance containing a toxic substance.
2. Sell, transfer or offer to sell or transfer a
vapor-releasing substance containing a toxic substance to a person
who is
under eighteen years of age.
3. Sell, transfer or offer to sell or transfer a
vapor-releasing substance containing a toxic substance if
such
the
person is not, at the time of sale, transfer or
offer, employed by or engaged in operating a licensed commercial establishment
at a fixed location regularly offering such substance for sale and
such
the
sale, transfer or offer is made
in the course of employment or operation.
4. Breathe, inhale, ingest, use or
possess any substance that contains amyl nitrite or nitrous oxide.
5. Deliver, give, sell or transfer or
offer to deliver, give, sell or transfer any container that exclusively
contains nitrous oxide.
B. A person making a sale or transfer of a vapor-releasing
glue containing a toxic substance shall
:
1.
Require identification of
the purchaser and shall record:
1.
(a)
The
name of the glue.
2.
(b)
The
date and hour of delivery.
3.
(c)
The
intended use of the glue.
4.
(d)
The
signature and address of the purchaser.
5.
(e)
The
signature of the seller or deliverer.
Such record shall be kept
2. Keep the record prescribed in
paragraph 1 of this subsection
for three years and
be
make the record
available to board inspectors and peace
officers.
C. The operator of a commercial establishment shall
keep all vapor-releasing glue containing a toxic substance in a place
that is unavailable to customers without the assistance of the operator or an
employee of the establishment.
D. The operator of a commercial establishment
selling vapor-releasing paints and varnishes containing a toxic substance
dispensed by the use of any aerosol spray device shall conspicuously display an
easily legible sign of not less than eleven by fourteen inches
which
that
states: "Warning: inhalation
of vapors can be dangerous".
E. This section is
not applicable to
:
1.
The
transfer of a vapor-releasing substance containing a toxic substance from
a parent or guardian to
his
the parent's or
guardian's
child or ward
.
2.
The sale or transfer
of a vapor-releasing substance containing a toxic substance that is
made
for manufacturing or industrial purposes.
3. The possession, use or sale of
nitrous oxide:
(
a
) For
automotive purposes.
(
b
) As a
propellant in food preparation for restaurant, food service or houseware
products.
F. Subsection A, paragraphs 2 and 3
and
subsections B and C
of this section
do not apply to
substances certified by the department of health services as containing an
additive that inhibits inhalation or induces sneezing.
G. A person who violates
any provision
of
this section is guilty of a class 5 felony, but the court, having
regard to the nature and circumstances of the offense, may enter judgment of
conviction for a class 1 misdemeanor and make disposition accordingly or may
place the defendant on probation in accordance with chapter 9 of this title and
refrain from designating the offense as a felony or misdemeanor until the
probation is terminated.� The offense shall be treated as a felony for all
purposes until such time as the court enters an order designating the offense a
misdemeanor.
H. For the purposes of subsections A and E
of this section
, "vapor-releasing substance
containing a toxic substance" means paint or varnish dispensed by the use
of aerosol spray, or any glue, that releases vapors or fumes containing
acetone, volatile acetates, benzene, butyl alcohol, ethyl alcohol, ethylene
dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone,
pentachlorophenol, petroleum ether, toluene, volatile ketones, isophorone,
chloroform, methylene chloride, mesityl oxide, xylene, cumene, ethylbenzene,
trichloroethylene, mibk, miak, mek or diacetone alcohol
, butyl
nitrite,
secondary butyl nitrite, tertiary butyl nitrite
or isobutyl nitrite.
END_STATUTE
Sec. 2.
Repeal
Sections 13-3403.01 and 13-3403.02,
Arizona Revised Statutes, are repealed.
Sec. 3. Section 28-3309, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3309.
License suspension and denial; improper use by persons under
legal drinking age; improper use by persons under eighteen years of age;
providing spirituous liquor to a minor; exceptions
A. The department shall promptly suspend a driver
license or nonoperating identification license issued to or the driving
privilege of a person who is under the legal drinking age and who is convicted
of using a false or lawfully issued license of this state or any other
jurisdiction in violation of section 4-241, subsection L or N for not
more than:
1. Six months for a first conviction.
2. Twelve months for a second or subsequent
conviction.
B. The department shall promptly deny the right of
an otherwise qualified person to apply for a driver and identification license
if the person does not have a valid driver or identification license and the
person is convicted of using the driver or identification license of another
person in violation of section 4-241, subsection L or N or in violation
of section
13-3403.02, subsection C
13-3403,
subsection A, paragraph 5
for not more than:
1. Six months for a first conviction.
2. Twelve months for a second or subsequent
conviction.
C. The department shall promptly suspend a driver
license or nonoperating identification license issued to or the driving
privilege of a person who is under eighteen years of age and who is convicted
of using a false or lawfully issued license of this state or any other
jurisdiction in violation of section
13-3403.02, subsection
C
13-3403, subsection A, paragraph 5
for not
less than:
1. Six months for a first conviction.
2. Twelve months for a second or subsequent
conviction.
D. If a judge orders the suspension of a driver
license or driving privilege for a violation of section 4-241, subsection
P, the department shall promptly suspend a driver license issued to or the
driving privilege of the person for the period of time ordered by the judge.
E. Subsection D of this section does not apply to
any of the following:
1. A parent who is over twenty-one years of
age and who gives spirituous liquor to the parent's child in a private
residence.
2. A guardian who is over twenty-one years of
age and who gives spirituous liquor to the guardian's ward in a private
residence.
3. A person who gives spirituous liquor to another
person who is under twenty-one years of age in conjunction with a
religious service or ceremony pursuant to section 4-249 if the spirituous
liquor was lawfully purchased.
4. A title 4 licensee and its employees, as long as
the licensee is acting within the scope of its license and the employee is
acting within the scope of employment.
END_STATUTE