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Committee backs amendment to ban retail sales of nitrous oxide for intoxication

Senate Judiciary Committee · March 10, 2026
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Summary

Senate Bill 18-43, amended to prohibit retail sales of nitrous oxide intended for intoxication and to create civil penalties and seizure authority, was adopted in committee and moved to the calendar after voice and roll votes; sponsors said it preserves legitimate medical and culinary uses.

The Senate Judiciary Committee adopted an amendment to Senate Bill 18-43 that targets retail sale and distribution of nitrous oxide when it is sold for inebriation and imposes civil penalties, seizure authority and criminal liability where sellers suspect intent to use it for intoxication.

Sponsor Senator Briggs outlined the scope of the amendment, saying it does not affect legitimate medical or culinary uses in hospitals, dental offices, or restaurants but would ban sales at convenience stores, vape shops, gas stations and liquor stores when sold for intoxication. "This amendment makes the bill ... aims to prevent the abuse of nitrous oxide by banning the sale at convenience stores ... vape shops ... or liquor stores," the sponsor said.

The amendment was adopted by voice vote. A subsequent recorded roll call on the amended bill showed eight ayes and one no on one of the votes and a later roll recorded nine ayes, advancing the bill to the committee calendar as amended.

Committee members asked that the amendment preserve medical and culinary uses while creating retailer penalties, including license or permit loss for repeated violations. The bill will proceed to the calendar for further floor consideration.