States Are Taking Action on Nitrous Oxide — But More Is Needed
States Are Taking Action on Nitrous Oxide — But More Is Needed
Nitrous oxide — often called “laughing gas” or sold in small cartridges known as whippits — has long been used safely in medicine and food service. But its recreational use has skyrocketed in recent years, especially among young people, because it produces brief euphoria and dissociation. The FDA has issued warnings that inhaling nitrous oxide products sold at retail can lead to serious health effects including loss of consciousness, oxygen deprivation, neurologic injury, and even death.
Unfortunately, federal law does not ban possession of nitrous oxide for recreational use, and products marketed for non-culinary purposes continue to be sold openly in vape shops, convenience stores, gas stations, and online.
In response, some U.S. states are stepping in with stronger laws to protect communities:
States Leading With Strong Restrictions
- Louisiana was the first state to go further than age limits and actually ban retail sales of nitrous oxide entirely outside of legitimate uses (e.g., medical, dental, food, industrial).
- California criminalizes possession and recreational use of nitrous oxide with intent to get high, and also prohibits furnishing it to minors.
- Michigan bans the sale of objects specifically designed for recreational nitrous oxide inhalation, treating them as drug paraphernalia.
- Alabama has also banned recreational use outright.
- Several other states have passed laws restricting sales to minors (e.g., New York limits sale of nitrous cartridges to those 21 and over) or have outlawed possession and distribution for intoxication.
Meanwhile, other states have only age restrictions or misdemeanor inhalant laws that are too weak to address easy access, leaving gaps that vape shops and gas stations exploit.
Why These Laws Matter
This isn’t a simple “kids being kids” issue. Recreational nitrous oxide use carries real, documented risks:
- It deprives the brain of oxygen, which can cause neurologic damage and long-term disability.
- It’s linked to emergency room visits, psychiatric symptoms, and motor impairment.
- Poison control and public health data show increases in misuse, especially in teens and young adults.
- The product is marketed and sold in ways that obscure its drug-like effects, making it seem safe and harmless.
States that have adopted tougher nitrous oxide laws are trying to close these loopholes and protect youth and communities from harms that federal law has not yet effectively addressed.
A Clear Call to Action
Parents, educators, and policymakers should:
Recognize the Problem
Nitrous oxide is not a harmless party gas — its recreational use can cause serious health consequences.
Support Local and State Legislation
Encourage lawmakers to:
- Ban retail sales of nitrous oxide for non-legitimate uses (as Louisiana has done).
- Prohibit possession and use with the intent to inhale for euphoria (as California does).
- Restrict sales to adults only and enforce age verification at point of sale.
- Crack down on retail loopholes that allow gas stations and smoke/vape shops to sell nitrous cans without oversight.
Advocate for Enforcement
Where laws exist, make sure they are actively enforced. Retailers violating restrictions should face real penalties.
Law enforcement must be equipped to challenge loopholes that keep these products on shelves.
Educate Communities
Schools, parents, and youth organizations must know:
- The dangers of recreational use
- Where the products are being sold
- That legality doesn’t mean safety
Use MAHA’s state directory to find contacts and take action: State Take Action
Protect Young People Before It’s Too Late
We have already seen the pattern: a drug-like substance enters the market disguised as “legal,” harms follow, and only then do communities demand change.
We cannot afford to wait for more injuries and tragedies before action is taken. Nitrous oxide misuse is preventable — and state leadership on strong laws is a critical first step.