Criminal Offenses

Plain English Breakdown

The bill summary and text do not provide information on what happens if someone uses nitrous oxide for a reason other than those listed.

Law to Prevent Misuse of Nitrous Oxide

This bill makes it illegal for people to use nitrous oxide without a medical reason and sets rules for businesses that sell or handle it.

What This Bill Does

• Creates a new law making it against the rules to inhale, ingest, use, or possess nitrous oxide unless it's for medical reasons, manufacturing, food preparation, or automotive purposes.
• Makes using nitrous oxide without permission from a doctor or dentist a Class A misdemeanor offense.
• Requires people who break this rule to possibly go through drug rehabilitation as part of their punishment if the court decides.
• Adds rules that businesses must follow when they sell or handle nitrous oxide, including penalties like license suspension for breaking these rules.

Who It Names or Affects

• People who use nitrous oxide without a medical reason
• Businesses and online retailers selling or handling 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 those listed.
• It is unclear how strictly businesses will have to follow the new rules about selling or handling nitrous oxide.

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

HOUSE BILL 2470
By Lynn

SENATE BILL 2303
By Pody
SB2303
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.