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Committee hears bill to raise minimum age for nitrous oxide sales to 21

2435468 · February 27, 2025
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Summary

Senate Committee on State Affairs took testimony on Senate Bill 666, which would prohibit retail sales of nitrous oxide to anyone under 21, bar delivery to purchasers under 18, and create an affirmative defense for legitimate commercial use. Pediatricians and public‑health advocates testified in support; the bill was left pending.

Senator Hughes, sponsor of Senate Bill 666, said the measure responds to growing youth misuse of nitrous oxide canisters sold for culinary and commercial uses. "They're labeled for commercial use in kitchens to make whipped cream. But, their flavors...are clearly tailored to appeal to children who inhale the nitrous oxide," Hughes said, arguing the product's marketing and ease of purchase make it accessible to minors.

Dr. Marjane Lanell, a pediatrician who testified for the Texas Medical Association and the Texas Pediatric Society, told the committee that nitrous oxide is used medically at controlled concentrations and under supervision but that unregulated inhalation by minors can cause permanent neurologic injury. She said nitrous oxide can "permanently damage, and affect B‑12, which is really important for neurologic function," and described both short‑term risks (passing out/asphyxiation) and longer‑term risks including spinal cord injury and psychosis.

Under the bill as explained, sellers would be required to verify the buyer is 21 or older; the measure also would prohibit delivery to anyone under 18 to prevent proxy purchases and would provide an affirmative defense for legitimate commercial uses. Hughes said the bill is "about protecting children. Adults can do whatever they wanna do, but this is about protecting children." The committee accepted invited and public testimony and had no additional public witnesses; the bill was left pending.

Committee members asked clinicians about the drug’s neurologic effects and monitoring protocols; Dr. Lanell said medical administration uses concentrations typically "between 30 to 70 percent" and involves monitoring such as pulse oximetry and post‑procedure oxygen support. She also warned of social‑media trends encouraging minors to inhale nitrous oxide.

Public testimony included support from medical professional groups; no recorded vote was taken and the bill remains pending.