Committee advances bill to ban flavored nitrous-oxide products for under-21s

A committee advanced legislation Tuesday that would criminalize possession of certain nitrous-oxide and related inhalant products by people under 21 and bar flavored formulations that lawmakers said are aimed at youth.

Senate Bill 78, sponsored by Senator April Weaver, would create an unlawful-possession-of-inhalants offense as a Class A misdemeanor for persons under 21 and preserve exceptions for medical, manufacturing, food-preparation and automotive uses. The bill also voids the exception if a product is sold with added flavors, a provision Weaver said is intended to limit youth appeal.

The bill’s sponsor, Senator April Weaver, said the measure responds to constituent reports of youth addiction and social-media marketing of products such as “Galaxy Gas.” “If you don’t believe that it’s a problem for children, Google Galaxy Gas on Instagram, TikTok,” Weaver said while showing product samples to the committee.

Law-enforcement witnesses described widespread retail availability and youth-oriented marketing. Lieutenant Shane Plyer of the Shelby County sheriff’s office testified that products are sold at gas stations and vape shops next to vape products despite labeling that says “do not inhale.” Plyer and Hoover Police Officer Jamelle Allen told the committee that flavored marketing increases youth appeal and that nitrous oxide use can displace oxygen and cause lasting health problems, including neurological damage.

Committee members pressed the sponsor on enforcement and consequences. Several senators asked whether the bill penalizes sellers in addition to users; Weaver said the substitute limits retail sales to people 21 and older and that she would work with colleagues to add further penalties for sellers. Other members urged treatment-oriented responses rather than incarceration for minors, and witnesses said judges routinely use probation and diversion programs in many counties.

Supporters pointed to other states that have adopted restrictions; Plyer cited Louisiana, Arizona, New York and Iowa as examples. Opponents did not speak during the committee portion, but members asked for fiscal and enforcement details before final action.

The committee approved a motion to give the bill a favorable report and forwarded SB 78 to the next stage for further consideration.

Votes at the committee roll call were recorded as part of the formal report process.