Health committee adopts substitute to ban flavored nitrous oxide sales

The Health Committee voted Feb. 26, 2025, to adopt a substitute to legislation carried as HB 245 and SB 78 that would ban retail sales of flavored nitrous oxide products often sold as "galaxy gas," make unlawful sale a class D felony and unlawful possession a class A misdemeanor, and set a minimum age of 21 for possession under the bill's exemptions for medical, manufacturing, food service and automotive uses.

Why it matters: Committee members said the products are widely available at convenience stores and online, are being used by young people in social-media videos, and are presenting public-health and public-safety concerns. Supporters described cases of addiction and litter around college campuses; opponents and some members pressed for narrow language to avoid blocking legitimate commercial or training uses.

The substitute: Senator Weaver, who spoke to committee members before the vote, said the substitute expands the bill from an age-restriction proposal to an across-the-board retail ban on flavored nitrous oxide. "My child is addicted to galaxy gas, which is nitrous bridal, laughing gas," Weaver said while describing a parent's account of teen access. Weaver told the committee the substitute would ban flavors, include exemptions for medical providers, manufacturing, food service and automotive purposes, and require persons covered by those exemptions to be 21.

The substitute text itself was not printed in full in the committee transcript. Committee members voted by voice to adopt the substitute and then voted to report the bill favorably to the full body. The transcript records the substitute motion as moved and seconded and carried by aye/nay voice votes; no roll-call tally was recorded in committee minutes.

Support and expert testimony: Dr. Lee Ken, a periodontist in Birmingham who spoke at the committee microphone during the discussion, told members he saw no reason for retail sales of the product and described medical safeguards used when dentists administer nitrous oxide. "There's no legitimate reason for this to be sold ... in fact, it's dangerous," Lee said, adding that clinical use includes monitoring and oxygen exchange afterward.

Lawmakers' questions and concerns: Several members asked about legitimate nonmedical uses and potential impacts on training and industry. Representative Briggsby asked whether an age floor of 21 could "handcuff" 18-year-olds who work in food or automotive trades and might require access for training; the sponsor said she had not received specific reports that the threshold would be a problem and suggested that in many workplaces someone 21 would supervise access. Representative Parramore asked about culinary uses; the sponsor said culinary use of nitrous oxide (for whipped creams, for example) is less common now than in past decades. Representative Warren, recounting a recent personal dental experience, said he supported preserving legitimate medical uses while removing retail access to flavored cans: "As long as we keep it legal for those who can use it for medical reasons I think it works pretty good," Warren said.

Formal actions: The committee recorded two formal actions on the item. A substitute to SB 78 was placed on the table and adopted by voice vote (motion moved and seconded; mover listed in the transcript as Representative Moody and second by Representative Hall). The committee then voted to report the bill favorably as substituted (moved by Representative Mooney, second by Representative Hall) and the chair closed the item.

Costs and prices cited in discussion: Committee members and the sponsor referenced retail-priced single-use canisters sold at convenience stores (one example in testimony was priced at $29.99), online sales in the $70 range, and a parent's report of having spent "thousands" on addiction therapy; those amounts were given as examples in committee testimony and were not documented in legislation.

Next steps: The sponsor indicated Representative Pringle would carry the House companion on the floor. The committee did not set a fiscal note or produce a roll-call vote in the transcript.

Ending: With the substitute adopted and the bill reported favorably, the committee chair dismissed the panel and the item will move to floor consideration according to normal legislative procedures.