RÉSUMÉ DIGEST
ACT 248 (HB 64) 2024 Regular Session Stagni
Existing law provides that it is unlawful for any person to inhale, ingest, use, or possess any
compound, liquid, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl
nitrite, tertiary butyl nitrite, mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl
nitrite, or tertiary butyl nitrite, nitrous oxide, commonly known as "laughing gas" or any amyl
nitrite, commonly known as "poppers" or "snappers".
New law provides that is it also unlawful for any person to inhale, ingest, use, or possess any
gas which contains the substances provided in existing law.
Prior law provided that it was not unlawful to possess or use existing law substances as part
of a manufacturing process or industrial operation.
New law clarifies that the use of existing law substances as part of a manufacturing process
or industrial operation may only be by the manufacturer.
New law provides that the possession, use, or sale of nitrous oxide for automotive purposes
shall not be a violation of existing law.
Prior law provided that it was unlawful for any person, entity, business, or corporation to
produce, manufacture, possess, buy, sell, or otherwise transfer any substance specified in
existing law for the purpose of inducing or aiding any other person to inhale or ingest such
substance or otherwise violate existing law.
New law removes the condition that, in order to be unlawful, the sale or transfer of any
substance specified in existing law be for the purpose of inducing or aiding any other person
to inhale or ingest such substance.
Prior law provided a fine of not more than $500 or imprisonment for not more than six
months, or both for whoever violated existing law.
New law changes the penalty from a fine of not more than $500 to a fine of not more than
$2,500. Further changes the imprisonment term from not more than six months to not more
than one year with or without hard labor.
New law retains existing law relative to the imposition of both a fine and imprisonment as
a penalty.
New law provides that the office of alcohol and tobacco control may conduct any
investigation as necessary to regulate and enforce the provisions of existing law.
New law shall not prohibit a law enforcement agency of the state or its political subdivisions
with appropriate jurisdiction from enforcing the provisions of existing law.
New law requires the office of alcohol and tobacco control to promulgate rules and
regulations in accordance with the Administrative Procedure Act to provide for the
regulation and enforcement of existing law.
Effective August 1, 2024.
(Amends R.S. 40:989)


Statutes affected:
HB64 Original:
HB64 Engrossed:
HB64 Reengrossed:
HB64 Enrolled:
HB64 Act :