Criminal Offenses

Plain English Breakdown

The bill summary does not specify mandatory drug rehabilitation as a condition of probation, only that it may be required at the discretion of the trial court.

Law About Laughing Gas and Poppers

This bill makes it illegal to use or sell nitrous oxide (laughing gas) and amyl nitrite (poppers) without a medical reason, except for certain uses like food preparation or automotive purposes.

What This Bill Does

• Makes it against the law to inhale, ingest, use, or possess laughing gas or poppers unless there is a medical reason.
• Requires people who break this law to go through drug rehab if the court decides.
• Also makes it illegal for businesses and online sellers to produce, sell, or transfer laughing gas or poppers without permission.
• Says that licenses of companies found breaking these rules will be suspended for 30 days on first offense and revoked after a second offense.

Who It Names or Affects

• People who use laughing gas or poppers illegally
• Businesses and online sellers who produce, sell, or transfer laughing gas or poppers

Terms To Know

Class A misdemeanor

A serious crime that can lead to jail time.

Rebuttable presumption

An assumption made by the law that can be proven wrong in court.

Limits and Unknowns

• The bill does not specify what happens if someone uses laughing gas or poppers for reasons other than medical care, manufacturing, food preparation, automotive use, or personal use over 21 years old.
• It is unclear how the law will be enforced and whether there are specific penalties for businesses that break this rule.

Official Summary Text

This bill generally establishes that
it is
a
Class A misdemeanor
to knowingly inhale, ingest, use, or possess any compound, liquid, gas, or chemical that contains nitrous oxide, commonly known as "laughing gas," and any amyl nitrite, commonly known as "poppers" or "snappers."

A person who violates this
provision
may, in the discretion of the trial court, be required to participate in an approved drug rehabilitation program as a condition of probation.

This bill also generally establishes that
it is an offense for any person, entity, business, or corporation, including an online retailer, to produce, manufacture, possess, buy, sell, or otherwise transfer any compound, liquid, gas, or chemical that contains nitrous oxide in violation of
the offense described in the prior paragraph.

SUSPENSION AND REVOCATION OF LICENSE, CERTIFICATE, OR PERMIT

This bill provides that any
person, entity, business, or corporation that is certified, permitted, or licensed to do business in this state and found in violation of
the offenses established above
must have
the
certificate, permit, or license suspended for
30
days upon the first violation.
Upon a second violation, the
certificate, permit, or license must be revoked.

EXCEPTIONS

The new offenses established above do not
apply to the possession and use of any compound, liquid, gas, or chemical that contains nitrous oxide
in any of the following circumstances:



When prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner
.


As part of a manufacturing process or industrial operation by a manufacturer or a person who is at least
21
and employed by the manufacturer
.


As a propellant in food preparation for restaurant or food service
.


By a person at least
21.


For automotive purposes by a person at least
21
.

However,

t
he presence of additional flavoring in any compound, liquid, gas, or chemical that contains nitrous oxide or labeling on any part of a container of the substance referring to the contents being flavored creates a rebuttable presumption against the excepti
ons
described above.

Current Bill Text

SENATE BILL 2113
By Campbell

HOUSE BILL 1539
By Dixie
HB1539
010298
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 57, Chapter 7; Title 63 and Title 67, Chapter
4, Part 10, relative to nitrous oxide.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding
the following as a new part:
39-17-2001.
(a) Except as provided in § 39-17-2002, it is an offense to knowingly inhale,
ingest, use, or possess any compound, liquid, gas, or chemical that contains nitrous
oxide, commonly known as "laughing gas," and any amyl nitrite, commonly known as
"poppers" or "snappers."
(b) A violation of this section is a Class A misdemeanor.
(c) A person who violates this section may, in the discretion of the trial court, be
required to participate in an approved drug rehabilitation program as a condition of
probation.
39-17-2002.
(a) Section 39-17-2001 does not apply to the possession and use of any
compound, liquid, gas, or chemical that contains nitrous oxide:
(1) When prescribed as part of the care or treatment of a disease,
condition, or injury by a licensed medical or dental practitioner;
(2) As part of a manufacturing process or industrial operation by a
manufacturer or a person who is at least twenty-one (21) years of age and
employed by the manufacturer;

- 2 - 010298

(3) As a propellant in food preparation for restaurant or food service;
(4) By a person at least twenty-one (21) years of age; or
(5) For automotive purposes by a person at least twenty-one (21) years
of age.
(b) The presence of additional flavoring in any compound, liquid, gas, or
chemical that contains nitrous oxide or labeling on any part of a container of the
substance referring to the contents being flavored creates a rebuttable presumption
against the exceptions in subsection (a).
39-17-2003.
(a) Except as provided in § 39-17-2002, it is an offense for any person, entity,
business, or corporation, including an online retailer, to produce, manufacture, possess,
buy, sell, or otherwise transfer any compound, liquid, gas, or chemical that contains
nitrous oxide in violation of § 39-17-2001 or to otherwise violate the provisions of this
part.
(b)
(1) Any person, entity, business, or corporation that is certified,
permitted, or licensed to do business in this state and found in violation of this
part must have its certificate, permit, or license suspended for thirty (30) days
upon the first violation.
(2) The certificate, permit, or license described in subdivision (b)(1) must
be revoked upon a second violation.
SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it.