Criminal Offenses

Plain English Breakdown

The official source does not provide specific details on penalties or impacts beyond what is explicitly stated.

Law to Control Nitrous Oxide Use

This bill makes it illegal for people to use or possess nitrous oxide without a medical reason and sets penalties for those who break this law.

What This Bill Does

• Makes it against the law for anyone to inhale, ingest, use, or possess any compound, liquid, gas, or chemical that contains nitrous oxide unless they are using it for medical reasons.
• Says that if someone breaks this rule, they might need to go through a drug treatment program as part of their punishment.
• Also makes it illegal for businesses and online sellers to make, sell, or give away nitrous oxide without permission.
• If a business breaks the rules twice, their license can be taken away.

Who It Names or Affects

• People who use nitrous oxide
• Businesses that sell nitrous oxide

Terms To Know

Class A misdemeanor

A type of crime that is less serious than a felony but more serious than other types of misdemeanors.

Rebuttable presumption

An assumption made by the law that can be challenged and disproven in court.

Limits and Unknowns

• The bill does not specify what happens if someone uses nitrous oxide for a reason other than medical use.
• It is unclear how this will affect online retailers who sell products containing nitrous oxide.
• The exact costs and impacts on local governments are not detailed.

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

HOUSE BILL 1539
By Dixie

SENATE BILL 2113
By Campbell
SB2113
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.