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An Act
ENROLLED HOUSE
BILL NO. 1933 By: Sterling and Provenzano of
the House
and
Weaver, Frix, Jett, and
McIntosh of the Senate
An Act relating to nitrous oxide; creating the Maddix
Bias Act; defining term; prohibiting the sale of
nitrous oxide to persons under twenty-one; requiring
proof of legal age; providing for enforcement;
providing penalty; providing for imprisonment;
providing exceptions; providing for noncodification;
and providing for codification.
SUBJECT: Nitrous oxide
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Maddix Bias
Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 465.22 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section, "nitrous oxide" means any of the
following substances: N2O, dinitrogen monoxide, dinitrogen oxide,
nitrogen oxide, or laughing gas.
B. 1. This act prohibits any person to inhale, ingest, or
possess with intent to breathe, inhale, or drink any compound,
liquid, or chemical containing nitrous oxide, or any similar
substance for the purpose of inducing a condition of intoxication or
which distorts or disturbs the auditory, visual, or mental
processes.
ENR. H. B. NO. 1933 Page 2
2. It is unlawful for any person to inhale, ingest, possess,
buy, sell, or otherwise transfer any chemical substance defined in
subsection A of this section for the purpose of inducing or aiding
any other person to violate the provisions of paragraph 1 of this
subsection.
C. On and after the effective date of this act, violation of
subsection B of this section is a misdemeanor with imprisonment up
to ninety (90) days or a fine of Five Thousand Dollars ($5,000.00),
or both. The court may require any person to participate in an
approved drug rehabilitation program as a condition of probation.
D. Any person who knowingly distributes, sells, purchases,
transfers, or possesses more than sixteen (16) grams of nitrous
oxide commits a misdemeanor with imprisonment up to ninety (90) days
or a fine of Five Thousand Dollars ($5,000.00), or both. Knowingly
distributing, selling, purchasing, transferring, or possessing more
than sixteen (16) grams of nitrous oxide shall be known as unlawful
distribution of nitrous oxide. For purposes of this subsection, in
addition to proving by any other means that nitrous oxide was
knowingly possessed, distributed, sold, purchased, or transferred,
proof that any person discharged, or aided another in discharging,
nitrous oxide to inflate a balloon or any other object suitable for
subsequent inhalation creates an inference of the person's knowledge
that the nitrous oxide's use was for an unlawful purpose.
E. Additionally, any person twenty-one (21) years of age or
older who sells or offers to sell drug paraphernalia to a person
less than eighteen (18) years of age is guilty of a misdemeanor
punishable by imprisonment for up to one (1) year or a fine of up to
Seven Thousand Five Hundred Dollars ($7,500.00), or both. These
provisions would only apply to the selling or offering of an object
specifically designed for inhaling nitrous oxide for recreational
purposes.
F. Pursuant to this act, the court shall order the suspension
of the business license, for a period of up to one (1) year, of a
person who knowingly violates the provisions of subsection E of this
section after having been previously convicted of a violation of
subsection E of this section, unless the owner of the business
license can demonstrate a good-faith attempt to prevent illegal
sales or deliveries by the owner's employees.
ENR. H. B. NO. 1933 Page 3
G. This act shall not apply to any person who administers
nitrous oxide for the purpose of providing medical or dental care,
if administered by a medical or dental practitioner licensed by this
state or at the direction or under the supervision of a practitioner
licensed by this state.
H. This act does not apply to the sale of nitrous oxide
contained in food products for use as a propellant.
I. This act does not apply to the sale, use, or possession of
nitrous oxide containing sulfur dioxide used for automotive
purposes.
J. This act does not apply to the sale, use, or possession of
nitrous oxide used in manufacturing or use in an industrial
application.
K. This act does not apply to nitrous oxide cartridges or
whipped cream "chargers" purchased exclusively from commercial
restaurant supply companies or vendors exclusively to commercial
restaurants or bakery businesses that use nitrous oxide cartridges
for the sole purpose of producing whipped cream or other culinary
uses.
ENR. H. B. NO. 1933 Page 4
Passed the House of Representatives the 4th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________