South Carolina H 5202: Nitrous Oxide

Bill Text

2025-2026 Bill 5202 Text of Previous Version (Feb. 18, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5202

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 44 SO AS TO 
PROHIBIT THE SALE OF NITROUS OXIDE OR NITROUS OXIDE PRODUCTS IN THE STATE OF 
SOUTH CAROLINA, WITH EXCEPTIONS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC HEALTH 
TO PROMULGATE REGULATIONS AND TO ENFORCE THE PROVISIONS OF THE ARTICLE; TO 
CREATE CRIMINAL PENALTIES; AND FOR OTHER PURPOSES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 53, Title 44 of the S.C. Code is amended by 
adding:

Article 25

Nitrous Oxide

 Section 
44-53-2510. As used in this article:

 (1) 
"Department" means the South Carolina Department of Public Health.

 (2) 
"Exempt entity" means:

 (a) 
a physician, dentist, veterinarian, hospital, clinic, or other licensed medical 
facility acting within the lawful scope of practice;

 (b) 
a bona fide commercial food and beverage business that holds a valid South 
Carolina retail food establishment permit or food service permit and uses 
nitrous oxide solely for legitimate culinary or beverage preparation in the 
ordinary course of business;

 (c) 
a bona fide automotive business using nitrous oxide solely for lawful 
automotive performance, testing, or competition purposes;

 (d) 
a bona fide industrial or manufacturing business using nitrous oxide solely for 
lawful industrial or manufacturing purposes;

 (e) 
an institution of higher education, laboratory, or research facility using 
nitrous oxide solely for scientific research or instruction; or

 (f) 
a governmental entity or emergency services agency acting within the scope of 
official duties.

 (3) "Flavored 
nitrous oxide product" means a nitrous oxide product that is labeled, 
advertised, marketed, or sold by reference to a characterizing flavor.

 (4) "Food" 
means any food, food product, food ingredient, dietary ingredient, dietary 
supplement, or beverage intended for human consumption.

 (5) 
"Nitrous oxide" means dinitrogen monoxide (N2O) and any compound, liquid, gas, 
or chemical that contains nitrous oxide, whether compressed, liquefied, or 
contained in a cartridge, cylinder, tank, canister, or other vessel.

 (6) 
"Nitrous oxide product" means any product and accessory used to inhale nitrous 
oxide including, but not limited to, a cylinder, tank, canister, or other vessel 
that contains nitrous oxide.

 (7) 
"Sell" or "sale" means to sell, furnish, give, distribute, provide, deliver, 
offer for sale, or possess with intent to sell, furnish, give, distribute, 
provide, deliver, or offer for sale.

 Section 
44-53-2520. (A) Except as 
provided in subsection (E), it is unlawful for a person to sell or offer for 
sale nitrous oxide or a nitrous oxide product in this State.

 (B) 
Except as provided in subsection (E), it is unlawful for a person to possess 
nitrous oxide or a nitrous oxide product with intent to sell or distribute in 
this State.

 (C) 
A person may not sell, market, or represent nitrous oxide or a nitrous oxide 
product for recreational inhalation or personal use.

 (D) 
Notwithstanding any other provision of this article, it is unlawful for any 
person to sell, furnish, give, distribute, provide, deliver, offer for sale, or 
possess with intent to sell a flavored nitrous oxide product in this State.

 (E) 
Subsections (A) and (B) do not apply to the sale, distribution, or transfer of 
nitrous oxide or nitrous oxide products to an exempt entity for the exempt 
entity's lawful purpose, provided the seller complies with Section 44-53-2530.

 (F) 
Each unlawful sale, delivery, distribution, or transfer constitutes a separate 
offense.

 Section 
44-53-2530. (A) A person who 
sells or distributes nitrous oxide or nitrous oxide products pursuant to 
Section 44-53-2520(E) shall take reasonable steps to verify that the purchaser 
is an exempt entity.

 (B) 
At a minimum, reasonable steps include obtaining and retaining:

 (1) 
the purchaser's business name and business address;

 (2) 
a copy of, or the identifying number for, the purchaser's applicable license, 
permit, or registration demonstrating exempt entity status; and

 (3) 
an invoice or receipt documenting the date of sale or transfer and the quantity 
and form of nitrous oxide or nitrous oxide products sold or transferred.

 (C) 
Records required by this section must be retained for no less than two years 
and must be made available for inspection by the department, SLED, or local law 
enforcement during normal business hours upon reasonable request.

 (D) 
The department may promulgate regulations to administer and enforce the 
provisions of this article, including purchaser verification standards and