South Carolina limits nitrous oxide sales to allowed uses

South Carolina limits nitrous oxide sales and gifts to allowed uses. It prohibits flavored-product sales and possession or marketing for recreational inhalation. The rules cover sales, gifts, distribution, and possession intended for sale or distribution throughout South Carolina. Exempt organizations must use nitrous oxide within their listed lawful healthcare, business, research, teaching, or public duties. Food businesses need the required permit, and automotive businesses need a business license and dealer or distributor agreement. People older than 18 may buy for personal vehicle repair from a licensed automotive business, home cooking with nonrefillable cartridges of up to 8 grams, or medical use prescribed by a doctor. Sellers must verify that purchases qualify for an exception. The exceptions do not lift the restrictions on flavored products or recreational inhalation. Retailers may sell an individual buying for an allowed personal use no more than one case per day. A case contains up to 24 cartridges with 8 grams each. These rules took effect on May 18, 2026.

Sellers must check buyers’ eligibility and keep records. Remote sellers must also verify age and meet delivery requirements. These requirements apply to sellers serving exempt organizations or people buying for allowed personal uses. Stores mainly selling tobacco cannot sell nitrous oxide. Records must include the buyer’s name and address, proof of exempt status or government identification, and a receipt showing the date, quantity, and product form. Remote sales generally require an independent service to verify age 18 or older and delivery signed for by someone at least 18 purchasing for an allowed use. The alternative allows verification through an online account checked against public records or government identification plus a current photo. Delivery must go to the customer’s name and address. Automotive businesses selling containers to eligible individuals must include at least 100 parts per million of sulfur dioxide as an engine fuel additive. Retailers selling to exempt organizations must deliver to a business address or use an invoice. Sellers must retain records for at least two years and provide them to state or local law enforcement during normal business hours upon reasonable request.

People who knowingly violate the sales, possession, or product restrictions face criminal penalties. Convicted businesses also face action against their licenses, permits, or registrations. Criminal penalties apply to knowing violations of the law’s sales, possession, and product restrictions. A first conviction carries up to a $1,000 fine, six months in jail, or both. A second carries up to a $5,000 fine, one year in jail, or both. A third or later conviction carries up to a $10,000 fine, three years in jail, or both. Each unlawful sale, delivery, distribution, or transfer counts as a separate offense. The authority that issued a convicted business’s license, permit, or registration may suspend or revoke it.