SB78ENROLLED
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SB78
I3X2CWZ-2
By Senators Weaver, Bell, Livingston, Gudger, Barfoot
RFD: County and Municipal Government
First Read: 04-Feb-25
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First Read: 04-Feb-25
Enrolled, An Act,
Relating to crimes and offenses; to prohibit the
possession, use, or sale 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 either 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."
(b) Unlawful possession of inhalants is a Class A
misdemeanor.
(c) Subsection (a) shall not apply to any of the
following:
(1) The possession or use of the substances by a
licensed hospital, as defined in Section 22-21-20, Code of
Alabama 1975, or other health care facility, as defined in
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Alabama 1975, or other health care facility, as defined in
Section 22-21-311, Code of Alabama 1975, or a licensed medical
or dental practitioner, for the purposes of the lawful
prescription, order, or administration to a patient, and the
possession or use of the substances by a patient pursuant to a
lawful prescription, order, or administration.
(2) The possession or 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 or use 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 or use of nitrous oxide for
automotive purposes by a person at least 21 years of age.
(d) The presence of additional flavoring in a substance
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 (c).
Section 2. (a) A person commits the crime of unlawful
sale of inhalants if he or she does either of the following:
(1) Produces, manufactures, sells, offers for sale, or
otherwise transfers 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) Produces, manufactures, sells, offers for sale, or
otherwise transfers any compound, liquid, gas, or chemical
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otherwise transfers 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."
(b) Unlawful sale of inhalants is a Class D felony.
(c) Subsection (a) shall not apply to any of the
following:
(1) The production, manufacture, purchase, sale, or
transfer of the substances by a licensed hospital, as defined
in Section 22-21-20, Code of Alabama 1975, or other health
care facility, as defined in Section 22-21-311, Code of
Alabama 1975, or a licensed medical or dental practitioner,
for the purposes of the lawful prescription, order, or
administration to a patient.
(2) The production, manufacture, purchase, sale, or
transfer 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 production, manufacture, purchase, sale, or
transfer 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 production, manufacture, purchase, sale, or
transfer of nitrous oxide for automotive purposes by a person
at least 21 years of age.
(d) The presence of additional flavoring in a substance
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
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rebuttable presumption against the exceptions listed in
subsection (c).
Section 3. This act shall become effective on October
1, 2025.
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1, 2025.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB78
Senate 06-Feb-25
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 19-Mar-25
Senate concurred in House amendment 19-Mar-25
By: Senator Weaver
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