Criminal Offenses

Plain English Breakdown

The bill text does not specify the exact penalties for online retailers who break these rules, only that they are included in the general prohibition.

Law to Prevent Misuse of Nitrous Oxide

This bill makes it illegal for people to misuse nitrous oxide and amyl nitrite in Tennessee, with exceptions for medical use, manufacturing, food service, and automotive purposes.

What This Bill Does

• Creates a new law that says it's against the rules to inhale, ingest, use, or possess nitrous oxide (laughing gas) or amyl nitrite (poppers/snappers).
• Makes this misuse of nitrous oxide a Class A misdemeanor.
• Allows judges to require people who break this rule to go through drug rehabilitation as part of their punishment if the judge thinks it's necessary.
• Says that businesses and individuals, including online sellers, can't make or sell nitrous oxide for illegal use.
• Requires licenses of those found breaking these rules to be suspended for 30 days on first offense and revoked on second offense.

Who It Names or Affects

• People who misuse nitrous oxide or amyl nitrite
• Businesses that make, sell, or transfer nitrous oxide illegally

Terms To Know

Class A misdemeanor

A serious crime that can lead to jail time and fines.

Rebuttable presumption

An assumption made by the law that something is true, but it can be proven wrong in court.

Limits and Unknowns

• The bill does not specify how much money will be spent on enforcing this new law.
• It's unclear what specific penalties apply to online retailers who break these rules.
• The exact date when the law starts is July 1, 2026.

Official Summary Text

This bill generally creates
a
Class A misdemeanor
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.
"
A person who
commits such offense
may, in the discretion of the trial court, be required to participate in an approved drug rehabilitation program as a condition of probation.

However, the offense above does
not apply to the possession and use of any compound, liquid, gas, or chemical that contains nitrous oxide
under 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
.


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

For automotive purposes.

This bill provides that 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

described above.

Except for the circumstances described above, this bill creates
an offense for any person, entity, business, or corporation, including an online retailer,
that
produce
s
, manufacture
s
, possess
es
, buy
s
, sell
s
, or otherwise transfer
s
any compound, liquid, gas, or chemical that contains nitrous oxide for use in violation of
the offense created above
or to otherwise violate
this bill.

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

Current Bill Text

SENATE BILL 2303
By Pody

HOUSE BILL 2470
By Lynn
HB2470
012397
- 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;
(3) As a propellant in food preparation for a restaurant or food service; or

- 2 - 012397

(4) For automotive purposes.
(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 for use 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.