SB 98 Louisiana Senate · 2025 Regular Session

CONTROL DANGER SUBSTANCE: Increases the penalties for the retail sale of nitrous oxide. (8/1/25)

SB 98 increases penalties for the retail sale of nitrous oxide, a substance sometimes misused recreationally. It requires retail sellers to be at least 21 years old (amending existing age requirements) while removing the age limit for medical practitioners selling it. The bill directly affects businesses selling nitrous oxide for non-medical purposes, such as whipped cream chargers, by imposing stricter age verification and higher fines for violations. The bill passed the Senate unanimously (37-0) and now moves to the House for consideration.

Bill status signed all 5 stages cleared

Introduction

Apr 2025

Committee Review

May 2025

Senate Passage

Jun 2025

House Passage

Jun 2025

Signed into Law

Jun 2025

Introduced Apr 3, 2025 Signed Jun 8, 2025

Maddy AI version diff · 5 comparisons

What changed between versions

Senate Floor Bureau Note, #607, Myers, Adopted → SB98 Act · 5 edits

MODERATE

This bill transforms a draft amendment into a final enacted law that criminalizes the use and possession of specific chemicals like nitrous oxide and butyl nitrite. It establishes strict penalties for individuals and businesses while including specific exemptions for medical treatment, industrial use, food service, and automotive applications.

Scope change

The bill's scope expanded from a proposed amendment to a comprehensive statute defining unlawful acts, creating new penalties, and establishing regulatory authority for the Office of Alcohol and Tobacco Control.

REQUIREMENT

Added a new criminal statute (R.S. 40:989) prohibiting the inhalation, ingestion, use, or possession of compounds containing butyl nitrite, nitrous oxide, and amyl nitrite.

Created a rebuttable presumption that flavored substances or containers with flavoring labels do not qualify for the statutory exceptions.

ENFORCEMENT

Created specific penalties including fines up to $2,500 or one year in prison for individuals, and fines up to $25,000 or one year in prison for businesses or online retailers.

Authorized the Office of Alcohol and Tobacco Control to investigate violations and promulgate rules for enforcement.

ELIGIBILITY

Established exemptions for medical prescriptions, industrial manufacturing, food service propellants, houseware products, and automotive use.

Floor votes · Senate Apr 22, 2025 · House Jun 2, 2025

How they voted

35–0

Passed · 2 other

Total votes 37

Apr 22, 2025

D Democratic11

9 Yea 2

81% Yea

R Republican26

26 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 3, 2025

Upper · Passed

Amendments proposed by the House read and concurred in by a vote of 37 yeas and 0 nays.

upper

Jun 2, 2025

Lower · Passed

Read third time by title, amended, roll called on final passage, yeas 96, nays 0. Finally passed, ordered to the Senate.

lower

May 21, 2025

Introduced

Reported without Legislative Bureau amendments.

lower

May 20, 2025

Lower · Passed

Reported favorably (10-0). Referred to the Legislative Bureau.

lower

Apr 24, 2025

Committee

Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

lower

Apr 22, 2025

Upper · Passed

Senate floor amendments read and adopted. Read by title and passed by a vote of 37 yeas and 0 nays; ordered reengrossed and sent to the House. Motion to reconsider tabled.

upper

Apr 15, 2025

Upper · Passed

Reported with amendments.

upper

Apr 14, 2025

Committee

Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C.

upper

1 primary · 13 co-sponsors