Official Summary Text
This bill creates an offense for a vape shop retailer, or a distributor, wholesaler, or importer of vape products, who sells or offers for sale a vapor product for retail sale in this state, to sell nitrous oxide.
The following penalties apply to violations:
First violation - a civil penalty of up to $500 for each individual product offered for sale in violation of this bill.
Second 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 entity 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 entity.
MANUFACTURER
This bill 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 i
ntermediaries, is subject to a civil penalty of $10,000 for each individual nitrous oxide product offered for sale in violation of this bill.
ENFORCEMENT
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. Further, a repeated violation of this bill constitutes a deceptive trade practice under t
he Tennessee Consumer Protection Act of 1977, which provides its own penalties and remedies, including, but not limited to, restraining orders, injunctions, private rights of action, and damages.
ON MARCH 16, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1843, AS AMENDED.
AMENDMENT #1 r
ewrites the bill
to provide, instead, that it is
unlawful for a retail seller to sell or offer for sale nitrous oxide.
As used in this amendment,
"
r
etail seller" means a tobacco vending machine, place, store, booth, concession, truck or vehicle, person, partnership, firm, entity, corporation, or association engaged in the business of making sales at retail of nitrous oxide directly to the ultimate co
nsumer within this state.
RETAIL SELLER PENALTIES
This amendment provides that a
retail seller who violates
the offense
is subject to a civil penalty of $2,500 for the first violation and all nitrous oxide sold or offered for sale is deemed to be contraband and must be seized by the enforcing authority.
A
second or subsequent violation of
the offense subjects the retail seller is a
$5,000
fine and such confiscation
.
If the retail seller has been issued a certificate, permit, or license authorizing the sale of products at retail, including, but not limited to, beer, wine, alcoholic beverages, or hemp-derived cannabinoids, then
this amendment requires
the issuing authority
to
revoke the certificate, permit, or license upon a second or subsequent violation of this
amendment
. The retail seller may reapply for a retail certificate, license, or permit revoked no earlier than 12 months from the date of the revocation.
OFFENSE AND PENALTIES FOR A PERSON
This amendment provides that i
t is a Class E felony offense for a person to sell, offer to sell, deliver, or give away to another nitrous oxide if the person has reasonable cause to suspect that the nitrous oxide sold, offered for sale, delivered, or given away will be used for the pu
rpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes.
A
Class E felony
is
punishable by not less than one year in prison and a fine up to $3,000.
EXCEPTION
This amendment
does not prohibit the sale or offering for sale of
nitrous oxide by a manufacturer, distributor, or wholesaler for medical or dental purposes or to implement the distribution of beverages or other foodstuffs for commercial purposes.
Current Bill Text
Read the full stored bill text
HOUSE BILL 1644
By Atchley
SENATE BILL 1843
By Briggs
SB1843
009926
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AN ACT to amend Tennessee Code Annotated, Title 39;
Title 57, Chapter 7; Title 63 and Title 67, Chapter
4, Part 10, relative to the "Nitrous Oxide Abuse
Prevention and Retail Sale Prohibition Act."
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. This part is known and may be cited as the "Nitrous Oxide Abuse
Prevention and Retail Sale Prohibition Act."
39-17-2002. 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) Any substance containing nitrous oxide;
(2) "Sales at retail" means and includes any 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 any 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 every person, partnership, firm,
corporation, or association engaged in the business of making sales at retail of
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electronic smoking devices, liquid nicotine, liquid nicotine containers, vapor
products, or nitrous oxide within this state.
39-17-2003.
(a) Notwithstanding § 39-17-452, it is an offense for a vape shop retailer,
or a distributor, wholesaler, or importer of vape products, 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
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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 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. This act takes effect July 1, 2026, the public welfare requiring it.