Criminal Offenses

AN ACT to amend Tennessee Code Annotated, Title 39; Title 57, Chapter 7 and Title 67, relative to the sale of products.

Energy

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Hakeem, Akbari
Last action: 2026-02-05
Official status: Assigned to s/c Criminal Justice Subcommittee
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Law Against Selling Nitrous Oxide at Vape Shops

This law makes it illegal for vape shop retailers and related businesses to sell nitrous oxide in Tennessee and sets penalties for violations.

What This Bill Does

Makes selling or offering to sell nitrous oxide a violation of the law for vape shop retailers, distributors, wholesalers, and importers.
Imposes civil penalties ranging from $500 up to $1,500 per product for repeated violations within a year, with license suspension or revocation.
Requires manufacturers who knowingly cause nitrous oxide sales to face a penalty of $10,000 per product.
Allows the state to recover investigation and legal costs from violators.

Who It Names or Affects

Vape shop retailers
Distributors, wholesalers, and importers of vape products
Manufacturers who knowingly cause nitrous oxide sales

Terms To Know

Nitrous Oxide: A colorless gas or liquid also known as laughing gas.
Vape Shop Retailer: A business that sells electronic smoking devices, liquid nicotine, vapor products, and nitrous oxide.

Limits and Unknowns

The law does not specify the exact penalties for first-time violations beyond $500 per product.
It is unclear how strictly this law will be enforced or what impact it might have on businesses and consumers.

Bill History

2026-03-02 Tennessee General Assembly
Assigned to General Subcommittee of Senate Judiciary Committee
2026-02-05 Tennessee General Assembly
Assigned to s/c Criminal Justice Subcommittee
2026-02-05 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-02-04 Tennessee General Assembly
Intro., P1C.
2026-02-03 Tennessee General Assembly
Sponsor(s) Added.
2026-02-02 Tennessee General Assembly
Filed for introduction
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-22 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill provides that it is
an offense for a vape shop retailer, or a distributor, wholesaler, or importer, who sells or offers for sale a vapor product for retail sale in this state
,
to sell nitrous oxide.

PENALTIES

This bill provides the following penalties for a
vape shop retailer, or a distributor, wholesaler, or importer of vape products, who sells or offers for sale nitrous oxide for retail sale in this state
:



First violation -
a civil penalty of up to $500 for each individual product offered for sale in violation of this bill.



S
econd violation within a
12
-month period
- a civil penalty of
at least $750 but no more than $1,000 per product, and the suspension of the license of the retailer, distributor, wholesaler, or importer for 30 calendar days
.



Third violation
within a
12
-month period
- a civil penalty of
at least $1,000 but no more than $1,500 per product, and the revocation of the license of the retailer, distributor, wholesaler, or importer
.

This bill also provides that a
manufacturer who knowingly causes nitrous oxide to be sold for retail sale in this state, whether directly or through a vape shop retailer, or a distributor, wholesaler, or importer of vape products, or similar intermediary or intermediaries, is subject t
o a civil penalty of $10,000 for each individual nitrous oxide product offered for sale in violation of this
bill.

In an action to enforce this
bill
, the state is entitled to recover costs, including the costs of investigation, expert witness fees, and reasonable attorney fees.
Additionally,
a repeated violation of this
bill
constitutes a deceptive trade practice under
the
Tennessee Consumer Protection Act of 1977
, which could subject the violator to further
penalties and remedies
under that Act,

including
, but not limited to, restraining orders, injunctions, private rights of action, and damages.

Current Bill Text

Read the full stored bill text

SENATE BILL 2098
By Akbari

HOUSE BILL 2228
By Hakeem
HB2228
012092
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 57, Chapter 7 and Title 67, relative to the sale
of products.

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. Part definitions.
As used in this part, unless the context otherwise requires:
(1) "Nitrous oxide" means:
(A) N2O, a colorless gas or liquid that is also referred to as
dinitrogen monoxide, nitrogen oxide, or laughing gas; and
(B) A substance containing nitrous oxide;
(2) "Sales at retail" means a transfer, made in the ordinary course of
trade or in the usual prosecution of a vape shop retailer's business, of nitrous
oxide to the purchaser for use or consumption and for a valuable consideration;
(3) "Vape shop" means premises dedicated to the display, sale,
distribution, delivery, offering, furnishing, or marketing of electronic smoking
devices, liquid nicotine, liquid nicotine containers, or vapor products; and
(4) "Vape shop retailer" means a person, partnership, firm, corporation,
or association engaged in the business of making sales at retail of electronic
smoking devices, liquid nicotine, liquid nicotine containers, vapor products, or
nitrous oxide within this state.
39-17-2002. Unlawful sale of nitrous oxide – Penalties.

- 2 - 012092

(a) It is an offense for a vape shop retailer, or a distributor, wholesaler, or
importer, who sells or offers for sale a vapor product for retail sale in this state to sell
nitrous oxide.
(b)
(1) The following penalties apply to violations of this section:
(A)
(i) A vape shop retailer, or a distributor, wholesaler, or
importer of vape products, who sells or offers for sale nitrous
oxide for retail sale in this state is subject to a civil penalty of up to
five hundred dollars ($500) for each individual product offered for
sale in violation of this section;
(ii) The civil penalty for a second violation under this
subdivision (b)(1) within a twelve-month period is at least seven
hundred fifty dollars ($750) but not more than one thousand
dollars ($1,000) per product, and the suspension of the license of
the vape shop retailer, or distributor, wholesaler, or importer of
vape products for thirty (30) calendar days; and
(iii) The civil penalty for a third violation under this
subdivision (b)(1) within a twelve-month period is at least one
thousand dollars ($1,000) but not more than one thousand five
hundred dollars ($1,500) per product, and the revocation of the
license of the vape shop retailer, or distributor, wholesaler, or
importer of vape products; and
(B) A manufacturer who knowingly causes nitrous oxide to be
sold for retail sale in this state, whether directly or through a vape shop

- 3 - 012092

retailer, or a distributor, wholesaler, or importer of vape products, or
similar intermediary or intermediaries, is subject to a civil penalty of ten
thousand dollars ($10,000) for each individual nitrous oxide product
offered for sale in violation of this section.
(2) In an action to enforce this section, the state is entitled to recover
costs, including the costs of investigation, expert witness fees, and reasonable
attorney fees.
(3) Notwithstanding this section to the contrary, a repeated violation of
this section constitutes a deceptive trade practice under § 47-18-104.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.