Florida bars tobacco dealers from handling nitrous oxide at licensed premises

Licensed tobacco and nicotine dealers, their agents, and employees must not possess or provide nitrous oxide on or from the dealer’s licensed premises. The rule covers dealers licensed or permitted under state law, and their agents and employees, on or from the dealer’s licensed premises. Grocery stores and supermarkets licensed by the state Agriculture Department are excluded; convenience businesses are covered. The rule does not prohibit finished food products that use nitrous oxide only as a propellant. The law took effect October 1, 2026.

The state Business and Professional Regulation Department must adopt rules about handling nitrous oxide to prevent its use to cause intoxication. The rules concern possessing, selling, delivering, or giving nitrous oxide. The rules may cover products containing nitrous oxide and finished food products that use it only as a propellant. The law took effect October 1, 2026.

Certain xylazine animal drug products are excluded from the Schedule I listing when they are FDA-approved and used as approved or under a specified federal authorization. The exception applies only to xylazine animal drug products approved by the U.S. Food and Drug Administration. The exception does not cover making, importing, distributing, prescribing, or selling xylazine for human use. This provision took effect July 1, 2026.

A person who knowingly deals in 28 grams or more of xylazine, or a mixture containing it, commits first-degree felony trafficking and faces mandatory prison time and fines. The rule applies to knowingly selling, buying, making, delivering, bringing into Florida, or possessing at least 28 grams of xylazine or a mixture containing it. For 28 to under 100 grams, the mandatory minimum is 3 years and the fine is $50,000; for 100 to under 200 grams, 7 years and $100,000; for 200 grams or more, 25 years and $500,000. The law took effect October 1, 2026.