- (a) A person who knowingly or intentionally uses or distributes nitrous oxide with intent to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses of another person, unless the nitrous oxide is to be used for medical purposes, commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
- (b) Except as provided in subsection (c), a person who knowingly or intentionally sells, uses, or distributes flavored nitrous oxide commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section.
(c) The prohibition on the sale, use, or distribution of flavored nitrous oxide in subsection (b) does not apply to:
- (1) a retail or wholesale restaurant supply company that sells or distributes flavored nitrous oxide to a person for use in food and beverage preparation or other culinary purposes;
- (2) a person that uses flavored nitrous oxide in food and beverage recipes or for other legitimate culinary purposes; or
- (3) a law enforcement agency that is disposing of flavored nitrous oxide by donation to a nonprofit organization.
As added by P.L.163-1994, SEC.1. Amended by P.L.218-1997, SEC.1; P.L.163-2025, SEC.68; P.L.148-2026, SEC.43; P.L.153-2026, SEC.41.