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Senate narrows access to nitrous oxide "whippets," votes to bar flavored products and set age limit
Summary
Senate Bill 78 passed the Alabama Senate to restrict sale and possession of nitrous oxide inhalants (commonly sold as 'whippets') for those under 21, ban flavored formulations and carve out limited exceptions for legitimate medical, culinary or automotive uses; the chamber recorded the vote 28-1.
The Alabama Senate passed Senate Bill 78 on a recorded vote after debate about enforcement and penalties. The measure targets retail availability of nitrous oxide inhalants — commonly called "whippets" — that are sometimes sold in flavor-marketed canisters and are used as inhalant recreationally.
Sponsor Senator Shay Shelnut Weaver told colleagues the product is readily available at convenience stores and c-stores alongside flavored vaping products and that canisters marketed in flavors make inhalation more appealing to minors. Weaver said the bill prohibits possession of these inhalant canisters by persons under 21 and makes it unlawful to sell flavored nitrous oxide canisters to the general retail market. The statute includes exceptions for lawful adult uses such as medical anesthesia, food preparation uses, manufacturing and automotive purposes, but those exceptions are void if the substance has added flavoring.
Senators questioned enforcement mechanics and penalties. The floor exchange recorded the penalty as a Class A misdemeanor for offenses (the transcript shows the sponsor and colleagues discussing penalty structure). Several senators asked how retailers would be expected to check identification; Weaver agreed to work on clarifying language and valid‑ID language in subsequent drafting or in the companion chamber. Members also discussed treatment and prevention resources for youth who abuse inhalants.
Vote and outcome: The Senate’s long roll recorded final passage by voice with the clerk announcing 28 ayes and 1 no. Supporters said the measure will reduce youth access to dangerous inhalants marketed at or near the point of sale to minors; critics asked for stronger retailer penalties and clearer enforcement language.
Why it matters: Public-health advocates and some legislators have highlighted a rise in youth inhalant use linked with flavored, marketed canisters of nitrous oxide; the bill aims to restrict retail access to the products and prohibit flavoring that appears to encourage recreational use by minors.
What’s next: The sponsor indicated willingness to work on amendments to add clearer retailer‑ID requirements and enforcement teeth as the bill proceeds to the other chamber or committee consideration.
