House rejects tighter retail controls on aerosol dusters aimed at curbing inhalant abuse

The North Dakota House on March 19 declined to pass Senate Bill 21‑95, a measure intended to limit access to aerosol dusters containing difluoroethane, a compound associated with inhalant abuse.

The Human Services Committee recommended "do not pass" by a 10‑1 vote (with 2 members excused). On the House floor, the final tally was 5 yeas and 70 nays, and the clerk declared the bill failed.

Senate Bill 21‑95 would have (per the bill summary read on the floor) classified difluoroethane as a volatile chemical, required retailers to keep affected products behind the counter, prohibited sales to anyone under 21, and limited purchases to no more than four cans. Supporters of regulation cited medical harms linked to inhalant abuse; Representative Murphy described long‑term skeletal effects and other serious health concerns, saying such use "damages the brain" and can lead to other medical problems.

Opponents warned the bill would place heavy compliance burdens on retailers and businesses that legitimately purchase these products in quantity (for example, IT departments and repair shops). The bill’s detractors also argued that restricting retail sales would not stop determined abusers and would instead harm customers and businesses that rely on bulk purchases.

Representative Hawley, on the floor, noted the committee’s recommendation and said the sponsor’s intention was public health safety. Representative Moshenbacher raised a practical concern about whether an 18‑year‑old could buy an aerosol duster for personal use and whether a purchaser could be criminally liable for giving the product to a minor.

After debate, the clerk recorded the final vote and announced the bill had failed. The House moved on to the next item on the calendar.