SB 2303

This bill generally creates a Class A misdemeanor offense to knowingly inhale, ingest, use, or possess any compound, liquid, gas, or chemical that contains nitrous oxide, commonly known as "laughing gas, and any amyl nitrite, commonly known as ""poppers"" or ""snappers. "" A person who commits such offense may, in the discretion of the trial court, be required to participate in an approved drug rehabilitation program as a condition of probation. However, the offense above does not apply to the possession and use of any compound, liquid, gas, or chemical that contains nitrous oxide under any of the following circumstances:  When prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner .  As part of a manufacturing process or industrial operation by a manufacturer .  As a propellant in food preparation for a restaurant or food service .  For automotive purposes. This bill provides that the presence of additional flavoring in any compound, liquid, gas, or chemical that contains nitrous oxide or labeling on any part of a container of the substance referring to the contents being flavored creates a rebuttable presumption against the exceptions described above. Except for the circumstances described above, this bill creates an offense for any person, entity, business, or corporation, including an online retailer, that produce s, manufacture s, possess es, buy s, sell s, or otherwise transfer s any compound, liquid, gas, or chemical that contains nitrous oxide for use in violation of the offense created above or to otherwise violate this bill. This bill requires any person, entity, business, or corporation that is certified, permitted, or licensed to do business in this state and found in violation of this bill to have its certificate, permit, or license suspended for 30 days upon the first violation. Such certificate, permit, or license must be revoked upon a second violation."