Senate Bill No. 98 aims to increase penalties related to the retail sale of nitrous oxide and other controlled dangerous substances. The bill amends R.S. 40:989 to make it unlawful for any person to inhale, ingest, use, or possess substances such as butyl nitrite and nitrous oxide, commonly known as "laughing gas." It introduces stricter regulations by limiting the possession and use of these substances to individuals who are at least 21 years of age, particularly when prescribed by a licensed medical or dental practitioner or used in specific industrial or food service contexts. Additionally, the bill establishes a rebuttable presumption against exceptions if the substance contains additional flavoring or labeling indicating flavoring.

The proposed law significantly raises the penalties for violations, imposing fines of up to $25,000 and potential imprisonment for those who produce, manufacture, or sell the specified substances. It also mandates that violators holding a certificate, permit, or license from the commissioner of alcohol and tobacco control face a 30-day suspension for a first violation, with revocation upon a second violation. The bill is set to take effect on August 1, 2025, and includes provisions for the office of alcohol and tobacco control to enforce these regulations and conduct necessary investigations.

Statutes affected:
SB98 Original:
SB98 Engrossed:
SB98 Reengrossed: