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H. B. No. 1551 *HR43/R1978* ~ OFFICIAL ~ G1/2
26/HR43/R1978
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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Nelson
HOUSE BILL NO. 1551
AN ACT TO CREATE A NEW SECTION 41-80-1, MISSISSIPPI CODE OF 1
1972, TO PROHIBIT THE KNOWING SALE OF NITROUS OXIDE PRODUCTS FOR 2
THE PURPOSE OF INTOXICATION, PARTICULARLY TO MINORS; TO PRESERVE 3
LEGITIMATE MEDICAL, DENTAL, AUTOMOTIVE, AND CULINARY USES; TO 4
PROVIDE PENALTIES; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. The following shall be codified as Section 7
41-80-1, Mississippi Code of 1972: 8
41-80-1. (1) The Legislature finds that the misuse of 9
nitrous oxide for intoxication poses significant risks to public 10
health, particularly to minors, and that narrowly tailored 11
restrictions are necessary to deter abuse while preserving lawful 12
commercial, medical, and industrial uses. 13
(2) No person shall knowingly sell, distribute, or offer for 14
sale nitrous oxide, nitrous oxide canisters, or devices used to 15
dispense nitrous oxide when the seller knows or reasonably should 16
know that the product is intended to be inhaled for the purpose of 17
intoxication. 18
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(3) A person shall not sell or furnish nitrous oxide or 19
nitrous oxide dispensing devices to an individual under twenty one 20
(21) years of age when the seller knows or reasonably should know 21
the product will be used for intoxication. 22
(4) This act shall not apply to nitrous oxide sold, 23
possessed, or used for legitimate purposes, including but not 24
limited to: 25
(a) Medical or dental treatment; 26
(b) Automotive or industrial applications; 27
(c) Food preparation or culinary use, including whipped 28
cream dispensers; 29
(d) Any other lawful commercial or scientific purpose. 30
(5) (a) Prior to initiating a criminal prosecution under 31
this section, the Attorney General or a district attorney, as 32
applicable, may provide written notice to a seller identifying the 33
conduct believed to be in violation of this section and requesting 34
compliance. 35
(b) Good faith compliance after receipt of notice shall 36
constitute a complete defense to prosecution for conduct occurring 37
after compliance. 38
(6) (a) Any person who violates the provisions of this 39
section shall be guilty of a misdemeanor and upon conviction, 40
punished by a fine not to exceed Five Hundred Dollars ($500.00) 41
for a first offense; or a fine not to exceed One Thousand Dollars 42
($1,000.00) for a second or subsequent offense. 43
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ST: Nitrous oxide; prohibit recreational sale
of.
(b) Upon conviction for violation of this section when 44
the violation involves sale or distribution to a minor, the person 45
shall be guilty of a felony and punished by a fine not to exceed 46
Two Thousand Five Hundred Dollars ($2,500.00) for a first offense; 47
or a fine not to exceed Ten Thousand Dollars ($10,000.00) for a 48
second offense. 49
(7) The provisions of this act shall not be construed to: 50
(a) Criminalize mere possession of nitrous oxide; 51
(b) Restrict lawful business operations; 52
(c) Create new regulatory authority beyond the scope of 53
this section; 54
(d) Conflict with federal law governing food, medical 55
devices, or industrial gases. 56
SECTION 2. This act shall take effect and be in force from 57
and after July 1, 2026. 58