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SENATE FLOOR VERSION
April 21, 2025
ENGROSSED HOUSE
BILL NO. 1933 By: Sterling of the House
and
Weaver, Frix, and Jett of
the Senate
An Act relating to nitrous oxide; providing
definition; prohibiting the sale of nitrous oxide to
persons under twenty-one; requiring proof of legal
age; providing for enforcement; providing penalty;
providing for imprisonment; providing exceptions;
providing for noncodification; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Maddix Bias
Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 465.22 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this section:
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A. "Nitrous oxide" means any of the following substan ces: N2O,
dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing
gas.
B. 1. This act prohibits any person to inhale, ingest, or
possess with intent to breathe, inhale, or drink any compound,
liquid, or chemical containing nitrous oxide, or a ny similar
substance for the purpose of inducing a condition of intoxication or
which distorts or disturbs the auditory, visual, or mental
processes; and
2. It is unlawful for any person to inhale, ingest, possess,
buy, sell, or otherwise transfer any che mical substance defined in
subsection A of this section for the purpose of inducing or aiding
any other person to violate the provisions of paragraph 1 of this
subsection.
C. On and after the effective date of this act, violation of
subsection B of this section is a misdemeanor with imprisonment up
to ninety (90) days or a fine of Five Thousand Dollars ($5,000.00),
or both. The court may require any person to participate in an
approved drug rehabilitation program as a condition of probation.
D. Any person who knowingly distributes, sells, purchases,
transfers, or possesses more than sixteen (16) grams of nitrous
oxide commits a misdemeanor with imprisonment up to ninety (90) days
or a fine of Five Thousand Dollars ($5,000.00), or both. Knowingly
distributing, selling, purchasing, transferring, or possessing more
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than sixteen (16) grams of nitrous oxide shall be known as unlawful
distribution of nitrous oxide. For purposes of this subsection, in
addition to proving by any other me ans that nitrous oxide wa s
knowingly possessed, distributed, sold, purchased, or transferred,
proof that any person discharged, or aided another in discharging
nitrous oxide to inflate a balloon or any other object suitable for
subsequent inhalation creates an inference of the per son's knowledge
that the nitrous oxide's use was for an unlawful purpose.
E. Additionally, any person twenty -one (21) years of age or
older who sells or offers to sell drug paraphernalia to a person
less than eighteen (18) years o f age is guilty of a misd emeanor
punishable by imprisonment for up to one (1) year or a fine of up to
Seven Thousand Five Hundred Dollars ($7,500.00), or both. These
provisions would only apply to the selling or offering of an object
specifically designed for inhaling nitrous oxi de for recreational
purposes.
F. Pursuant to this act, the court shall order the suspension
of the business license, for a period of up to one (1) year of a
person who knowingly violates this subsection after having been
previously convicted of a violatio n of this subsection, unless the
owner of the business license can demonstrate a good faith attempt
to prevent illegal sales or deliveries by the owner's employees.
G. This act shall not apply to any person who administers
nitrous oxide for the purpose of providing medical or dental care,
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if administered by a medical or dental practitioner licensed by this
state or at the direction or under the supervision of a practitioner
licensed by this state.
H. This act does not apply to the sale of nitrous oxide
contained in food products for use as a propellant.
I. This act does not apply to the sale, use, or possession of
nitrous oxide containing sulfur dioxide used for automotive
purposes.
J. This act does not apply to the sale, use, or possession of
nitrous oxide used in manufacturing or use in an industrial
application.
K. This act does not apply to nitrous oxide cartridges or
whipped cream "chargers" purchased exclusively from commercial
restaurant supply companies or vendors exclusi vely to commercial
restaurants or bakery businesses that use nitrous oxide cartridges
for the sole purpose of producing whipped cream or other culinary
uses.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 21, 2025 - DO PASS