New York A 9287: Enacts into law components of legislation relating to the possession and sale of nitrous oxide; repealer

Bill Text

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A09287 Summary:

BILL NOA09287 

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SAME ASNo Same As

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SPONSORBrown K

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COSPNSRGiglio, Buttenschon, Brook-Krasny, Hawley, Angelino, Norber, Sempolinski

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MLTSPNSR

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Rpld §3380 sub 5, amd §§207 & 3380, Pub Health L; add Art 223 §§223.00 - 223.30, Pen L; Rpld 834, add Art
38-C §§840 - 846; Gen Bus L; amd §1192, V & T L §834, add Art 38-C §§840 - 846, Gen Bus L; amd §1192, V & T L

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Enacts into law components of legislation relating to the possession and sale of nitrous oxide; criminalizes certain sales and possessions of nitrous oxide; (Part A); regulates the sale of nitrous oxide; (Part B); establishes an education and outreach program relating to nitrous oxide (Part C); criminalizes driving while ability impaired by nitrous oxide (Part D).

Go to top A09287 Actions:

BILL NOA09287 

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12/10/2025referred to health

01/07/2026referred to health

03/09/2026enacting clause stricken

Go to topA09287 Committee&nbspVotes:

Go to topA09287 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09287 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9287

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 10, 2025
 ___________

 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
 tee on Health

 AN ACT to amend the public health law and the penal law, in relation to
 criminalizing certain sales and possessions of nitrous oxide; and to
 repeal certain provisions of the public health law relating thereto
 (Part A); to amend the general business law, in relation to regulating
 the sale of nitrous oxide; and to repeal certain provisions of such
 law relating thereto (Part B); to amend the public health law, in
 relation to establishing an education and outreach program relating to
 nitrous oxide (Part C); and to amend the vehicle and traffic law, in
 relation to criminalizing driving while ability impaired by nitrous
 oxide (Part D)

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act enacts into law components of legislation relating
 2 to the possession and sale of nitrous oxide. Each component is wholly
 3 contained within a Part identified as Parts A through D. The effective
 4 date for each particular provision contained within such Part is set
 5 forth in the last section of such Part. Any provision in any section
 6 contained within a Part, including the effective date of the Part, which
 7 makes reference to a section "of this act", when used in connection with
 8 that particular component, shall be deemed to mean and refer to the
 9 corresponding section of the Part in which it is found. Section three of
 10 this act sets forth the general effective date of this act.

 11 PART A

 12 Section 1. Subdivision 5 of section 3380 of the public health law is
 13 REPEALED.
 14 § 2. Paragraph b of subdivision 6 of section 3380 of the public health
 15 law, as amended by chapter 234 of the laws of 1985, is amended to read
 16 as follows:
 17 (b) Any person who violates any provision of subdivision four [or
 18 five] of this section shall be guilty of a class A misdemeanor.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14062-01-5

 A. 9287 2

 1 § 3. The penal law is amended by adding a new article 223 to read as
 2 follows:
 3 ARTICLE 223
 4 NITROUS OXIDE
 5 Section 223.00 Nitrous oxide; definitions.
 6 223.10 Criminal possession of nitrous oxide.
 7 223.20 Criminal sale of nitrous oxide in the second degree.
 8 223.30 Criminal sale of nitrous oxide in the first degree.
 9 § 223.00 Nitrous oxide; definitions.
 10 1. (a) "Acceptable use" means the possession and use of nitrous oxide:
 11 i. by a manufacturer as part of a manufacturing process or industrial
 12 operation by a person at least twenty-one years of age;
 13 ii. by a health care professional for administration to a patient
 14 under their care when acting within the professional's lawful scope of
 15 practice under title eight of the education law;
 16 iii. for automotive or rocketry purposes by a person at least twenty-
 17 one years of age, provided the nitrous oxide in ques