AL
Alabama Senate Bill SB78

Alabama 2025 Regular Session

Alabama Senate Bill SB78 Compare Versions

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55 By Senators Weaver, Bell, Livingston, Gudger, Barfoot
66 RFD: County and Municipal Government
77 First Read: 04-Feb-25
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12+5 RCVVNNM-1 01/31/2025 THR (L)PMG 2025-80
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1414 First Read: 04-Feb-25
15-Enrolled, An Act,
15+SYNOPSIS:
16+This bill would prohibit the use of butyl
17+nitrite or any mixtures containing butyl nitrite,
18+commonly known as "whippets," except under certain
19+circumstances.
20+This bill would prohibit the use of nitrous
21+oxide, commonly known as "laughing gas," and amyl
22+nitrite, commonly known as "poppers" or "snappers,"
23+except under certain circumstances.
24+This bill would also provide penalties for any
25+violations of the prohibition.
26+A BILL
27+TO BE ENTITLED
28+AN ACT
1629 Relating to crimes and offenses; to prohibit the
17-possession, use, or sale of certain inhalants and other
18-chemical compounds, including butyl nitrite, nitrous oxide, or
19-amyl nitrite, except under certain circumstances; and to
20-provide penalties for any violation.
30+possession or use of certain inhalants and other chemical
31+compounds, including butyl nitrite, nitrous oxide, or amyl
32+nitrite, except under certain circumstances; and to provide
33+penalties for any violation.
2134 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2235 Section 1. (a) A person commits the crime of unlawful
23-possession of inhalants if he or she does either of the
24-following:
25-(1) Inhales, ingests, uses, or possesses any compound,
26-liquid, gas, or chemical which contains butyl nitrite,
27-isobutyl nitrite, secondary butyl nitrite, tertiary butyl
28-nitrite, or any mixtures containing butyl nitrite, isobutyl
29-nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
30-(2) Inhales, ingests, uses, or possesses any compound,
31-liquid, gas, or chemical which contains nitrous oxide,
32-commonly known as "laughing gas," or any amyl nitrite,
33-commonly known as "poppers" or "snappers."
34-(b) Unlawful possession of inhalants is a Class A
35-misdemeanor.
36-(c) Subsection (a) shall not apply to any of the
37-following:
38-(1) The possession or use of the substances by a
39-licensed hospital, as defined in Section 22-21-20, Code of
40-Alabama 1975, or other health care facility, as defined in
36+possession of inhalants if he or she does any of the
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70-Alabama 1975, or other health care facility, as defined in
71-Section 22-21-311, Code of Alabama 1975, or a licensed medical
72-or dental practitioner, for the purposes of the lawful
73-prescription, order, or administration to a patient, and the
74-possession or use of the substances by a patient pursuant to a
75-lawful prescription, order, or administration.
76-(2) The possession or use of the substances by a
66+possession of inhalants if he or she does any of the
67+following:
68+(1) Inhales, ingests, uses, or possesses any compound,
69+liquid, gas, or chemical which contains butyl nitrite,
70+isobutyl nitrite, secondary butyl nitrite, tertiary butyl
71+nitrite, or any mixtures containing butyl nitrite, isobutyl
72+nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
73+(2) Inhales, ingests, uses, or possesses any compound,
74+liquid, gas, or chemical which contains nitrous oxide,
75+commonly known as "laughing gas," or any amyl nitrite,
76+commonly known as "poppers" or "snappers."
77+(3) Produces, manufactures, buys, sells, or otherwise
78+transfers any substance specified in subdivisions (1) or (2).
79+(b) Subsection (a) shall not apply to any of the
80+following:
81+(1) The possession and use of the substances lawfully
82+prescribed as part of the care or treatment of a disease,
83+condition, or injury by a licensed medical or dental
84+practitioner by a person at least 21 years of age.
85+(2) The possession and use of the substances by a
7786 manufacturer as part of a manufacturing process or industrial
7887 operation by a person at least 21 years of age.
79-(3) The possession or use of nitrous oxide as a
88+(3) The possession, use, or sale of nitrous oxide as a
8089 propellant in food preparation for restaurant, food service,
8190 or houseware products by a person at least 21 years of age.
82-(4) The possession or use of nitrous oxide for
91+(4) The possession, use, or sale of nitrous oxide for
8392 automotive purposes by a person at least 21 years of age.
84-(d) The presence of additional flavoring in a substance
93+(c) The presence of additional flavoring in a substance
8594 or labeling on any part of a container of a substance
86-referring to the substance being flavored shall create a
87-rebuttable presumption against the exceptions listed in
88-subsection (c).
89-Section 2. (a) A person commits the crime of unlawful
90-sale of inhalants if he or she does either of the following:
91-(1) Produces, manufactures, sells, offers for sale, or
92-otherwise transfers any compound, liquid, gas, or chemical
93-which contains butyl nitrite, isobutyl nitrite, secondary
94-butyl nitrite, tertiary butyl nitrite, or any mixtures
95-containing butyl nitrite, isobutyl nitrite, secondary butyl
96-nitrite, or tertiary butyl nitrite.
97-(2) Produces, manufactures, sells, offers for sale, or
98-otherwise transfers any compound, liquid, gas, or chemical
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128-otherwise transfers any compound, liquid, gas, or chemical
129-which contains nitrous oxide, commonly known as "laughing
130-gas," or any amyl nitrite, commonly known as "poppers" or
131-"snappers."
132-(b) Unlawful sale of inhalants is a Class D felony.
133-(c) Subsection (a) shall not apply to any of the
134-following:
135-(1) The production, manufacture, purchase, sale, or
136-transfer of the substances by a licensed hospital, as defined
137-in Section 22-21-20, Code of Alabama 1975, or other health
138-care facility, as defined in Section 22-21-311, Code of
139-Alabama 1975, or a licensed medical or dental practitioner,
140-for the purposes of the lawful prescription, order, or
141-administration to a patient.
142-(2) The production, manufacture, purchase, sale, or
143-transfer of the substances by a manufacturer as part of a
144-manufacturing process or industrial operation by a person at
145-least 21 years of age.
146-(3) The production, manufacture, purchase, sale, or
147-transfer of nitrous oxide as a propellant in food preparation
148-for restaurant, food service, or houseware products by a
149-person at least 21 years of age.
150-(4) The production, manufacture, purchase, sale, or
151-transfer of nitrous oxide for automotive purposes by a person
152-at least 21 years of age.
153-(d) The presence of additional flavoring in a substance
154124 or labeling on any part of a container of a substance
155125 referring to the substance being flavored shall create a
156126 rebuttable presumption against the exceptions listed in
127+subsection (b).
128+(d) Unlawful possession of inhalants is a Class A
129+misdemeanor.
130+Section 2. This act shall become effective on October
131+1, 2025.
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186-rebuttable presumption against the exceptions listed in
187-subsection (c).
188-Section 3. This act shall become effective on October
189-1, 2025.
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194-1, 2025.
195-________________________________________________
196-President and Presiding Officer of the Senate
197-________________________________________________
198-Speaker of the House of Representatives
199-SB78
200-Senate 06-Feb-25
201-I hereby certify that the within Act originated in and passed
202-the Senate.
203-Patrick Harris,
204-Secretary.
205-House of Representatives
206-Amended and passed: 19-Mar-25
207-Senate concurred in House amendment 19-Mar-25
208-By: Senator Weaver
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