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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2191: unlawful use; sale; laughing gas
Sponsor: Representative Willoughby, LD 13
Committee on Judiciary
Overview
Amends the criminal code to classify the personal use of amyl nitrite and nitrous oxide (laughing gas) as a class 5 felony.
History
Nitrous oxide is a colorless and odorless gas; it is a type of short-acting sedative that leads to a state of euphoria, explaining its common name of laughing gas. Physicians and dentists commonly use laughing gas as an inhaled sedative; it is fast-acting and wears off quickly, thus it is often used for short or minor procedures. Laughing gas is the least potent of inhalational anesthetics. Compared to other anesthetic agents, laughing gas causes minimal effects on respiration and hemodynamics (National Library of Medicine, Nitrous Oxide).
Under current law, laughing gas is prohibited to minors, but not restricted for those above 18 years of age (A.R.S. §§ 13-3403.01; 13-3403.02).
A.R.S. § 13-3403 forbids knowingly breathing, inhaling or drinking fumes from a vapor-releasing substance containing a toxic substance (aerosolized paints and glues); it also forbids selling or giving such products to those under 18, and limits sales to those working in a licensed, fixed-location business that regularly sells them. Violation of this statute is by default a class 5 felony, but the court may, having regard to the nature and circumstances of the offense, classify a conviction under this statute as a class 1 misdemeanor.
The provisions of A.R.S. § 13-3403 do not apply to various classes of medical professionals, scientific researchers, government officers and certain other persons when they are acting lawfully and in the ordinary course of their duties (A.R.S. § 13-3412).
Provisions
1. Makes it a class 5 felony to knowingly:
a. breathe, inhale, ingest, use or possess any substance that contains laughing gas; or
b. deliver, give, sell or transfer any container that exclusively contains laughing gas. (Sec. 1)
2. Stipulates that the prohibition on laughing gas is not applicable to the possession, use or sale of laughing gas:
a. for automotive purposes; or
b. as a propellant in food preparation for restaurant, food service or houseware products. (Sec. 1)
3. Repeals several sections of statute relating to the sale of laughing gas to minors. (Sec. 2)
4. Expands the definition of vapor-releasing substance containing a toxic substance to include specified nitrites, including butyl nitrite, secondary butyl nitrite and tertiary butyl nitrite. (Sec. 1)
5. Makes technical and conforming changes. (Sec. 1-3)
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Initials NM HB 2191
1/15/2026 Page 0 Judiciary
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