Senate Bill No. 98 aims to increase penalties related to the retail sale of nitrous oxide and other dangerous chemical substances. The bill amends R.S. 40:989 to specify that it is unlawful for any person to inhale, ingest, use, or possess certain compounds, including butyl nitrite and nitrous oxide, with exceptions for individuals who are at least 21 years of age and are either licensed medical practitioners, employed by manufacturers, or using the substances for specific purposes such as food preparation or automotive needs. Additionally, the bill introduces a rebuttable presumption against the exceptions if the substance contains additional flavoring or labeling indicating it is flavored.

The proposed law significantly raises the penalties for violations. While current law imposes a maximum fine of $2,500 and up to one year of imprisonment for general violations, the new legislation stipulates that those who produce, manufacture, or transfer the prohibited substances could face fines up to $25,000 and the same imprisonment terms. Furthermore, if a violator holds a certificate, permit, or license from the commissioner of alcohol and tobacco control, their license will be suspended for 30 days upon the first violation and revoked upon a second violation. The bill is set to take effect on August 1, 2025.

Statutes affected:
SB98 Original: