OklahomaOklahoma law restricts nitrous oxide use, possession, and sales
Oklahoma’s law sets criminal penalties for nitrous oxide misuse, possession above sixteen grams outside specific exceptions, and covered sales of recreational inhaling devices to children.
What it does
Using nitrous oxide to get high or disturb the senses, or helping someone do so, carries up to 90 days in jail, a $5,000 fine, or both. Specific medical and commercial exceptions apply.
Knowingly possessing, buying, selling, or transferring more than sixteen grams of nitrous oxide carries up to 90 days in jail, a $5,000 fine, or both. Specific medical and commercial exceptions apply.
Sellers age 21 or older face jail or fines for offering or selling recreational nitrous oxide inhaling devices to children under 18. Knowing repeat offenses require a business license suspension, unless the owner shows a good-faith effort to prevent employees’ illegal sales or deliveries.
Argument forJail, fines, and possible business license suspensions could discourage covered sellers from selling recreational nitrous oxide inhaling devices to children.
Argument againstOutside the exceptions, the quantity rule could punish people possessing more than sixteen grams without proof they intended to get high.
More detail
The law prohibits using nitrous oxide or similar substances to get high or disturb the senses or thinking. It also prohibits possessing them for that purpose. The misuse rules apply to people of any age. Handling nitrous oxide to induce or help another person misuse it is also prohibited. Exceptions cover care provided by or under an Oklahoma-licensed medical or dental practitioner, food-propellant sales, automotive nitrous oxide containing sulfur dioxide, and industrial uses. Culinary cartridges are exempt when bought exclusively from commercial restaurant suppliers or vendors exclusively for restaurants or bakeries, solely for culinary use. A court may require an approved drug rehabilitation program as a condition of probation. These misuse penalties apply on and after the law’s effective date. The text does not give that date.
Anyone who knowingly possesses, buys, sells, distributes, or transfers more than sixteen grams of nitrous oxide faces criminal penalties. The quantity rule does not expressly require an intent to get high. Exceptions cover care provided by or under an Oklahoma-licensed medical or dental practitioner, food-propellant sales, automotive nitrous oxide containing sulfur dioxide, and industrial uses. Culinary cartridges are exempt when bought exclusively from commercial restaurant suppliers or vendors exclusively for restaurants or bakeries, solely for culinary use. Filling or helping fill a balloon or another object suitable for later inhalation allows an inference that the person knew the use was unlawful.
Covered sales carry up to one year in jail, a fine of up to $7,500, or both. The sales rule covers sellers age 21 or older who sell or offer these devices to anyone under 18. The restriction applies only to objects specifically designed for recreational nitrous oxide inhalation. After a prior conviction for this offense, a knowing repeat violation requires a business license suspension of up to one year. Suspension is not required if the owner shows a good-faith effort to prevent employees’ illegal sales or deliveries.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 11Approved by Governor Kevin Stitt 05/11/2026Became Law
- May 5Sent to GovernorTo Governor
- May 5Enrolled measure signed, returned to House
- May 5Enrolled, signed, to Senate
- May 4Referred for enrollment
- Vote recorded Fourth Reading. Result: pass.Lower
- May 4Fourth Reading, Measure passed: Ayes: 90 Nays: 0Major
- May 4Coauthored by Representative(s) Provenzano
- May 4SA's read, adoptedMajor
- Apr 21SA's received
- Apr 21Engrossed to HouseMajor
- Apr 20Referred for engrossment
- Vote recorded Third Reading. Result: pass.Upper
- Apr 20Measure passed: Ayes: 47 Nays: 0Major
- Apr 20General Order, Amended
- Apr 20Senate Rule suspended
- Apr 20Backed up to General Order
- Apr 20Third Reading and advancement rescindedMinor
- Apr 20Signing rescinded
- Apr 16Returned to Senate
- Apr 16Recalled from enrollment
- Apr 15Referred for enrollment
- Vote recorded Third Reading. Result: pass.Upper
- Apr 15Engrossed measure signed, returned to HouseMajor
- Apr 15Measure passed: Ayes: 45 Nays: 0Major
- Apr 15General Order, Considered
- Apr 13Coauthored by Senator McIntosh
- 2025
- Apr 23Placed on General Order
- Apr 21Reported Do Pass Health and Human Services committee; CR filedMinor
- Vote recorded Health & Human Services. Result: pass.Upper
- Apr 3Coauthored by Senator Jett
- Apr 1Second Reading referred to Health and Human ServicesMinor
- Mar 17Coauthored by Senator Frix
- Mar 17First ReadingMinor
- Mar 17Engrossed, signed, to SenatePassed Senate
- Mar 13Referred for engrossment
- Vote recorded Third Reading. Result: pass.Lower
- Mar 13Third Reading, Measure passed: Ayes: 89 Nays: 0Passed House
- Mar 13General Order
- Mar 6CR; Do Pass, amended by committee substitute Health and Human Services Oversight CommitteeMinor
- Mar 5
- Vote recorded Health And Human Services Oversight Committee: Do Pass As Amended By Cs. Result: pass.Lower
- Feb 24Authored by Senator Weaver (principal Senate author)
- Feb 24Policy recommendation to the Health and Human Services Oversight committee; Do Pass, amended by committee substitute Alcohol, Tobacco and Controlled SubstancesMinor
- Feb 19
- Vote recorded Alcohol, Tobacco And Controlled Substances Committee: Do Pass As Amended By Cs. Result: pass.Lower
- Feb 4Referred to Alcohol, Tobacco and Controlled SubstancesMinor
- Feb 4Second Reading referred to Health and Human Services OversightMinor
- Feb 3Authored by Representative Sterling
- Feb 3First ReadingIntroduced
Public SafetyCriminal Justice