The bill amends the Health and Safety Code to establish stricter regulations regarding the sale and possession of nitrous oxide. Specifically, it makes it unlawful for a person to sell nitrous oxide to anyone under 21 years of age, with violations classified as a state jail felony. Additionally, the bill stipulates that it is an offense to deliver nitrous oxide to individuals under 18 years of age, and it introduces affirmative defenses for certain situations, such as when the nitrous oxide is used for lawful commercial purposes or when the buyer presents valid identification proving they are of legal age.
Furthermore, the bill modifies existing provisions related to the sale of abusable volatile chemicals, clarifying that selling nitrous oxide to individuals aged 21 and older is permissible only if it complies with specific regulations. The changes will take effect on September 1, 2025, and apply only to offenses committed on or after that date, ensuring that any offenses occurring prior to this date will be governed by the previous law.
Statutes affected: Introduced: Health and Safety Code 485.017, Health and Safety Code 485.032, Health and Safety Code 485.035 (Health and Safety Code 485)