MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Nelson
AN ACT TO CREATE A NEW SECTION 41-80-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE KNOWING SALE OF NITROUS OXIDE PRODUCTS FOR THE PURPOSE OF INTOXICATION, PARTICULARLY TO MINORS; TO PRESERVE LEGITIMATE MEDICAL, DENTAL, AUTOMOTIVE, AND CULINARY USES; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 41-80-1, Mississippi Code of 1972:
41-80-1. (1) The Legislature finds that the misuse of nitrous oxide for intoxication poses significant risks to public health, particularly to minors, and that narrowly tailored restrictions are necessary to deter abuse while preserving lawful commercial, medical, and industrial uses.
(2) No person shall knowingly sell, distribute, or offer for sale nitrous oxide, nitrous oxide canisters, or devices used to dispense nitrous oxide when the seller knows or reasonably should know that the product is intended to be inhaled for the purpose of intoxication.
(3) A person shall not sell or furnish nitrous oxide or nitrous oxide dispensing devices to an individual under twenty one (21) years of age when the seller knows or reasonably should know the product will be used for intoxication.
(4) This act shall not apply to nitrous oxide sold, possessed, or used for legitimate purposes, including but not limited to:
(a) Medical or dental treatment;
(b) Automotive or industrial applications;
(c) Food preparation or culinary use, including whipped cream dispensers;
(d) Any other lawful commercial or scientific purpose.
(5) (a) Prior to initiating a criminal prosecution under this section, the Attorney General or a district attorney, as applicable, may provide written notice to a seller identifying the conduct believed to be in violation of this section and requesting compliance.
(b) Good faith compliance after receipt of notice shall constitute a complete defense to prosecution for conduct occurring after compliance.
(6) (a) Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction, punished by a fine not to exceed Five Hundred Dollars ($500.00) for a first offense; or a fine not to exceed One Thousand Dollars ($1,000.00) for a second or subsequent offense.
(b) Upon conviction for violation of this section when the violation involves sale or distribution to a minor, the person shall be guilty of a felony and punished by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for a first offense; or a fine not to exceed Ten Thousand Dollars ($10,000.00) for a second offense.
(7) The provisions of this act shall not be construed to: (a) Criminalize mere possession of nitrous oxide;
(b) Restrict lawful business operations;
(c) Create new regulatory authority beyond the scope of this section;
(d) Conflict with federal law governing food, medical devices, or industrial gases.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.