Committee considers banning nitrous oxide sales at some tobacco and vape retailers after rise in recreational use

Sen. Barry DeKay introduced LB 184, a bill intended to restrict retail sales of nitrous oxide propellant canisters and equipment used to inhale those products for recreational use. The sponsor told the committee he seeks guardrails on shops that sell canisters and accessories that have been marketed in ways that appear to target minors.

DeKay said the measure would: bar the sale or distribution of products containing nitrous oxide at tobacco specialty stores (with an amendment limiting scope to licensed tobacco specialty stores), prohibit online sales by tobacco-license holders, and ban sale of objects specifically designed to inhale nitrous oxide recreationally. He described an observed trend of vape and smoke shops selling flavored, large canisters marketed for culinary use that nevertheless appear targeted for intoxication.

Owners of vape stores and hospital and public‑health witnesses testified. Sarah Linden, owner of Generation V (a Nebraska vape-store chain), said her stores refuse to sell nitrous oxide but described how colorful branded canisters and social-media videos normalize recreational use and pose safety risks. Other proponents, including Dr. Roger Donovic (DHHS previously in the nitrous hearing; separate item) and public witnesses described the health consequences of chronic nitrous oxide misuse, including vitamin B12 inactivation and nerve damage.

Committee members asked whether the bill’s wording could unintentionally restrict genuine culinary or medical uses and whether the measure should extend to liquor stores, gas stations, and other retailers. DeKay said he would accept amendments to broaden the list of prohibited sellers if that made the bill more effective. Several senators expressed concerns that sellers could add disclaimers claiming culinary use, complicating enforcement under language that targets devices "specifically designed for inhaling nitrous oxide for recreational purposes." The sponsor has filed amendments (AM 21, later AM 37) to refine online‑sales language and to narrow the tobacco‑specialty-store limitation.

Proponents urged the committee to advance LB 184 as a start to curb what they described as predatory marketing and easy availability of large-volume canisters used at parties. Opponents did not appear at the hearing; no final vote occurred at the committee meeting.