States react to nitrous oxide deaths with unnecessary, unworkable bans

In recent years, prompted by concern about danger to teens amid an increase in incidents of deaths associated with nitrous oxide use, states have scrambled to respond with legislative solutions, mostly turning to bans. While the dangers of nitrous oxide use are serious and important, there are better ways to dissuade use and provide support for young people using substances.

Colloquially known as “whip its” or “laughing gas,” this is the same stuff you may remember from dental visits, assuming you’ve never tried it for fun.

Nitrous oxide has been used in medicine since the mid-1800s and recreationally even earlier. The short-acting, non-flammable sedative is safe for medical use, and is also widely sold as a propellant in food preparation to conveniently whip cream, and for automotive uses. When inhaled, it produces a euphoric feeling that has attracted young people seeking a cheap, quick high for many decades.

According to a study published in JAMA Network Open, annual deaths from nitrous oxide use in the U.S. increased from 23 in 2010 to 156 in 2023, a development understandably alarming to public officials. The inhalant is predominantly used by youth aged 16 to 30. Long-term use poses serious health risks, and in the rare cases when death occurs, asphyxia is typically the cause of death.

The uptick during the study period reflects a new generation of young people being exposed to this substance and a new generation of products marketing to them. The recent crop has appeared in smoke shops, gas stations, and convenience stores, as well as online, under names such as Galaxy Gas, often with catchy packaging and added flavorings.

Nitrous oxide, by virtue of not being a scheduled drug under the Controlled Substances Act, is not regulated by the Drug Enforcement Administration (DEA); rather, it is regulated by the Food and Drug Administration (FDA). In June 2025, the FDA updated its warnings about nitrous oxide, noting the increase in use observed by the FDA and the press.

Instead of practical responses, states have largely responded with bans and regulations that will remove the products from certain locations or impose penalties for selling to minors.

Louisiana was the first state to pass a bill responding to the renewed attention to nitrous oxide, banning retail sales for recreational use of nitrous oxide (and other substances such as butyl and amyl nitrates) in gas form in 2024.

Also in 2024, Michigan banned the sale of nitrous oxide items for recreational use, with greater penalties for selling to kids under 18.

Oklahoma followed with the “Maddix Bias Act” in 2025, criminalizing the use of nitrous oxide and adding harsher penalties for its sale by adults to people under 18. The law was named after and followed the death of a recently graduated high school baseball star who died in a single-vehicle car crash, the driver of which was found to be under the influence of nitrous oxide.

In Washington, House Bill 2532, a bill banning sales of nitrous oxide except for medical, food, or automotive uses, was sent to the governor in March after passing unanimously in both chambers and was signed into law on March 24.

Florida Senate Bill 432, also known as “Meg’s Law,” at press time was heading to that state’s governor’s desk. It passed unanimously in both houses in March. This law prohibits the sale of nitrous oxide products by tobacco and nicotine sellers.

New York A09287, which died in committee in March, would have criminalized the sale and possession of nitrous oxide for non-approved uses, and also would have added a crime of “driving while ability impaired by nitrous oxide.” The bill would have also provided for education about the harms of nitrous oxide.

Minnesota House File 325 would ban only flavored nitrous oxide for recreational use. It has been introduced but has not yet moved ahead.

In Tennessee, lawmakers are responding after an adult Nashville woman, Kelly Rosenthal, died several months after sharing her addiction story on TV. “You can just walk into any smoke shop if you’re over 21” to purchase nitrous oxide, she said. Tennessee’s House Bill 1644/Senate Bill 1843 would prohibit vape sellers from selling nitrous oxide products. It is on the governor’s desk. Another bill in that state would adopt a full ban on recreational use.

In Mississippi, lawmakers introduced a prohibition on “knowingly” selling the product for use as an inhalant. The bill died quickly before going anywhere.

A big concern of many public officials is that some of these products deploy eye-catching packaging and designs that may be especially appealing to young people, and it’s fueled by popular videos on TikTok and other social media sites showing young people inhaling the products. If this is the chief concern, why aren’t lawmakers trying to regulate packaging? Why create a whole new regime of prohibition?

The data reflecting greater use and deaths from nitrous oxide call for educating young people about the dangers of addiction, suffocation, and death after inhaling nitrous oxide, not banning their sale or prohibiting their sale to minors. Bans or laws that curtail sales in certain locations are unlikely to eliminate the dangers. These kinds of laws may give some parents a false sense of security, but they might also frustrate people seeking the products for legitimate uses and lead youth into situations with disreputable sellers who are motivated to sell more expensive and possibly more dangerous products.

We know that complete bans are not necessary to dissuade youth, because consumption has been drastically reduced for many more dangerous substances, such as alcohol and tobacco, without criminalizing use. Those substances, although legal for adults, have been successfully regulated by substantial public education combined with age-gating. While limiting the presence on store shelves may serve as a deterrent to some youth who would not seek them out elsewhere, it is unclear whether a ban would be the best way to limit access, especially since one permissible use for nitrous oxide is in baking, rendering these products widely available in grocery stores and online.

Turning away from the moral panic, there are actually many valuable uses of nitrous oxide even beyond dental work, baking, and cars. For example, nitrous oxide, in its low-dose dental preparation, has been used to treat opioid addiction and has shown promise as a treatment for alcohol withdrawal and depression, among other conditions.

It is laudable that policymakers want to stem the use of nitrous oxide among youth. Unfortunately, the outmoded, knee-jerk measures being passed to address nitrous oxide harms give legislators a box to check but don’t solve any real problems. State legislatures truly concerned about teen safety should look beyond bans and embrace a regulatory approach that protects consumers through public education, warnings, harm reduction services, and quality controls.

The post States react to nitrous oxide deaths with unnecessary, unworkable bans appeared first on Reason Foundation.

Source: https://reason.org/commentary/states-react-nitrous-oxide-deaths-unnecessary-unworkable-bans/