HB245INTRODUCED
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HB245
DLX7HHN-1
By Representative Pringle
RFD: Health
First Read: 11-Feb-25
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5 DLX7HHN-1 02/07/2025 THR (L)ma 2025-676
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First Read: 11-Feb-25
SYNOPSIS:
This bill would prohibit the use of butyl
nitrite or any mixtures containing butyl nitrite,
commonly known as "whippets," except under certain
circumstances.
This bill would prohibit the use of nitrous
oxide, commonly known as "laughing gas," and amyl
nitrite, commonly known as "poppers" or "snappers,"
except under certain circumstances.
This bill would also provide penalties for any
violations of the prohibition.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to prohibit the
possession or use of certain inhalants and other chemical
compounds, including butyl nitrite, nitrous oxide, or amyl
nitrite, except under certain circumstances; and to provide
penalties for any violation.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A person commits the crime of unlawful
possession of inhalants if he or she does any of the
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possession of inhalants if he or she does any of the
following:
(1) Inhales, ingests, uses, or possesses any compound,
liquid, gas, or chemical which contains butyl nitrite,
isobutyl nitrite, secondary butyl nitrite, tertiary butyl
nitrite, or any mixtures containing butyl nitrite, isobutyl
nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
(2) Inhales, ingests, uses, or possesses any compound,
liquid, gas, or chemical which contains nitrous oxide,
commonly known as "laughing gas," or any amyl nitrite,
commonly known as "poppers" or "snappers."
(3) Produces, manufactures, buys, sells, or otherwise
transfers any substance specified in subdivisions (1) or (2).
(b) Subsection (a) shall not apply to any of the
following:
(1) The possession and use of the substances lawfully
prescribed as part of the care or treatment of a disease,
condition, or injury by a licensed medical or dental
practitioner by a person at least 21 years of age.
(2) The possession and use of the substances by a
manufacturer as part of a manufacturing process or industrial
operation by a person at least 21 years of age.
(3) The possession, use, or sale of nitrous oxide as a
propellant in food preparation for restaurant, food service,
or houseware products by a person at least 21 years of age.
(4) The possession, use, or sale of nitrous oxide for
automotive purposes by a person at least 21 years of age.
(c) The presence of additional flavoring in a substance
or labeling on any part of a container of a substance
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or labeling on any part of a container of a substance
referring to the substance being flavored shall create a
rebuttable presumption against the exceptions listed in
subsection (b).
(d) Unlawful possession of inhalants is a Class A
misdemeanor.
Section 2. This act shall become effective on October
1, 2025.
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