A food propellant and an anaesthetic. States are moving against retail sale of large and flavoured tanks.
A standing regulation; the eCFR section gives no single date.
no limitations other than current good manufacturing practice
21 CFR 184.1545, Nitrous oxide (direct food substance affirmed as GRAS) Food and Drug Administration, Electronic Code of Federal Regulations
Our note: Food use only (a propellant). Nothing federal makes nitrous a controlled substance; inhaling it is addressed by state law.
A bill. Ordered reported 36-0 by House Energy and Commerce on September 16, 2026; no floor vote.
a consumer product that contains nitrous oxide shall be considered to be a banned hazardous product under section 8 of the Consumer Product Safety Act
H.R. 7945, Nitrous Oxide Safety Act of 2026 (as introduced) U.S. Government Publishing Office (govinfo)
Hover or tab to a state; select it for the quoted law.
| State | Status today |
|---|---|
| New Hampshire | restricted from 2027-01-01 |
| Washington | Restricted |
| Michigan | Restricted (in effect since 2024-06-10) |
| New York | Restricted |
| Tennessee | Banned (in effect since 2026-07-01) |
| South Carolina | Banned (in effect since 2026-05-18) |
| Oklahoma | Restricted |
| Florida | Restricted (in effect since 2026-10-01) |
A licensee shall not sell, distribute, furnish, or offer for sale any nitrous oxide device, canister
This act shall take effect January 1, 2027.
HB 1630-FN, Chapter 177 (2026), final version New Hampshire General Court
Our note: Applies to liquor licensees. The bill as introduced also covered poppers; the enacted chapter does not.
The act states no effective date.
either exclusively containing nitrous oxide or flavored nitrous oxide
This section does not apply to the sale of nitrous oxide contained in food products for use as a propellant.
Engrossed Substitute House Bill 2532 (2026), as passed by the Legislature Washington State Legislature
Our note: Bars selling containers that hold only nitrous oxide, or flavoured nitrous; food products are exempt.
an object specifically designed for inhaling nitrous oxide for recreational purposes
THIS AMENDED SECTION IS EFFECTIVE JUNE 10, 2024
MCL 333.7455, as amended by 2024 PA 19 Michigan Legislature
Our note: Restricts selling inhaling devices (crackers, balloons sold for the purpose), not the gas itself.
A standing statute; the archived page gives no date for these subdivisions.
in no event shall any canister or other container of nitrous oxide be sold to a person under the age of twenty one years
no person shall use nitrous oxide for purposes of causing intoxication inebriation excitement stupefaction or the dulling of the brain or nervous system of himself or another
New York Public Health Law § 3380, Sale and possession of certain substances New York State Senate (Consolidated Laws) Read from an archived copy.
Our note: Read from a May 2025 capture of the Senate's copy; later amendments, if any, are not reflected.
It is unlawful for a retail seller to sell or offer for sale nitrous oxide.
This act takes effect July 1, 2026, the public welfare requiring it.
SB 1843 / HB 1644, Senate Amendment No. 1 (the adopted text, enacted as Public Chapter 702) Tennessee General Assembly
Our note: A retail-sale ban; manufacturers, distributors and wholesalers may still sell for medical, dental and food uses. Read from the adopted amendment; the public chapter PDF itself was not read for this line.
Takes effect on the Governor's approval; the bill record shows the effective date 05/18/26.
A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.
This act takes effect upon approval by the Governor.
S. 751 (2026), Act No. 194, ratified text South Carolina Legislature
Our note: Banned for recreational inhalation, and flavoured nitrous products are banned outright. Home culinary cartridges of 8 grams or less are carved out.
The enrolled act states no effective date.
prohibiting the sale of nitrous oxide to persons under twenty-one
more than sixteen (16) grams of nitrous oxide commits a misdemeanor
Enrolled House Bill No. 1933, the Maddix Bias Act (63 O.S. § 465.22) Oklahoma Legislature
Our note: An age limit of 21 and a cap: possessing or selling more than 16 grams is a misdemeanor. Medical, dental, food-propellant, automotive, industrial and restaurant-supply uses are exempt.
possess, sell, possess with intent to sell, deliver, or give,
this act shall take effect October 1,
CS for SB 432 (enrolled), creating s. 569.216, F.S. (Laws of Florida ch. 2026-148) The Florida Senate Read from an archived copy.
Our note: Bars tobacco and nicotine dealers (convenience stores included, grocery stores not) from possessing or selling nitrous on their licensed premises; a third-degree felony. Finished food products using it as a propellant are exempt.
In force before 2026; the statute page gives no enactment date for this subsection.
Any person who knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide commits a felony of the third degree
Florida Statutes 877.111, Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances Florida Legislature, Online Sunshine
Alaska, Maine, Vermont, Idaho, Montana, North Dakota, Minnesota, Illinois, Wisconsin, Rhode Island, Massachusetts, Oregon, Nevada, Wyoming, South Dakota, Iowa, Indiana, Ohio, Pennsylvania, New Jersey, Connecticut, California, Utah, Colorado, Nebraska, Missouri, Kentucky, West Virginia, Virginia, Maryland, Delaware, Arizona, New Mexico, Kansas, Arkansas, North Carolina, District of Columbia, Louisiana, Mississippi, Alabama, Georgia, Hawaii, Texas
Nobody has read these states' law for Nitrous oxide (whippets, tanks) here yet. That is not the same as legal.