DEVICE FOR N2O RECREATIONAL USE; PROHIBIT S.B. 57 & 58:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 57 (as introduced 2-7-23) (Senate-passed version)
Senate Bill 58 (as introduced 2-7-23) (Senate-passed version)
Sponsor: Senator Stephanie Chang (S.B. 57)
Senator Joseph Bellino, Jr. (S.B. 58)
CONTENT
Senate Bill 57 would amend Article 7 (Controlled Substances) of the Public Health Code to prohibit a person from selling or offering for sale an object specifically designed for inhaling nitrous oxide for recreational purposes knowing that the object would be used to inhale nitrous oxide for recreational purposes.
Senate Bill 58 would amend Article 7 of the Public Health Code to prescribe a misdemeanor for selling or offering for sale to a person less than 18 years of age an object specifically designed for inhaling nitrous oxide for recreational purposes.
The bills are tie-barred, and each bill would take effect 90 days after its enactment.
Senate Bill 57
Section 7453 of the Code prohibits a person from selling or offering for sale drug paraphernalia knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Before a person is arrested for a violation of Section 7453, the Attorney General or a prosecuting attorney must notify the person in writing, within two business days before the person is to be arrested, that he or she is in possession of specific, defined material that has been determined by the Attorney General or prosecuting attorney to be drug paraphernalia. The notice also must request that the person refrain from selling or offering for sale the material and must state that if the person complies with the notice, no arrest will be made for a violation. If a person complies with the notice, the compliance is a complete defense in a prosecution under Section 7453, if the compliance continues.
Under the bill, a person also could not sell or offer for sale an object specifically designed for inhaling nitrous oxide for recreational purposes knowing that the object would be used to inhale nitrous oxide for recreational purposes. The notification provisions described above also would apply to a person who was in possession of specific, defined material determined to be an object specifically designed for inhaling nitrous oxide for recreational purposes.
Senate Bill 58
Section 7455 of the Code prescribes a misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $5,000, or both, for a violation of Section 7453. Additionally, Section 7455 specifies that a person 18 years of age or older who violates Section 7453 by selling or
offering to sell drug paraphernalia to a person less than 18 years of age is guilty of a misdemeanor punishable by imprisonment for up to a year or a fine of up to $7,500, or both.
Under the bill, these provisions would apply to the selling or offering of an object specifically designed for inhaling nitrous oxide for recreational purposes.
PREVIOUS LEGISLATION
(Please note: This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)
Senate Bill 57 is a reintroduction of Senate Bill 996 from the 2021-2022 Legislative Session. Senate Bill 996 passed the Senate and was referred to the House Committee on Judiciary but received no further action.
BACKGROUND
Nitrous oxide (also known as "laughing gas") is a colorless, nonflammable gas that is commonly used for sedation and pain relief. It also is a food additive, specifically an aerosol spray propellant, used in reusable whipped cream dispensers and cooking sprays. "Whippets" (also spelled "whippits" or "whip-its") is a slang term used to describe the steel aerosol containers filled with nitrous oxide used for charging whipped cream cannisters. Although nitrous oxide is most often used for pain relief, it also can be used recreationally to induce temporary intoxication or euphoria. Reportedly, a popular method people use to gain access to the nitrous oxide contained within a whippet is the release of the gas into a balloon, which warms the gas and makes it easier to inhale. "Crackers" are flashlight-sized items that are used to pierce a whippet and allow the user to quickly transfer the gas into a balloon for inhalation.
Legislative Analyst: Alex Krabill
FISCAL IMPACT
The bills could have a negative fiscal impact on State and local government. New misdemeanor arrests and convictions under the bills could increase resource demands on law enforcement, court systems, community supervision, and jails; however, it is unknown how many people would be prosecuted under the bills provisions. Any additional revenue from imposed fines would go to local libraries.
Fiscal Analyst: Joe Carrasco, Jr.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.