The bill aims to prohibit the possession, use, or sale of specific inhalants and chemical compounds, including butyl nitrite, nitrous oxide, and amyl nitrite, with certain exceptions. Under the new legal language, individuals who inhale, ingest, use, or possess these substances will be committing the crime of unlawful possession of inhalants, classified as a Class A misdemeanor. However, exceptions are made for licensed healthcare facilities and practitioners, as well as individuals over 21 years of age using these substances for manufacturing, food preparation, or automotive purposes. Additionally, the presence of flavoring in these substances will create a rebuttable presumption against these exceptions.

The bill also addresses the unlawful sale of inhalants, which is classified as a Class D felony. Similar to possession, the sale of these substances is prohibited, with exceptions for licensed healthcare providers and individuals over 21 engaged in manufacturing or using nitrous oxide for specific purposes. The bill includes provisions that establish a rebuttable presumption against exceptions if flavoring is present. The act is set to take effect on October 1, 2025.

Statutes affected:
Enrolled: 22-21-20, 22-21-311