§ 35-46-6-3 — Nitrous oxide distribution; nonmedical purposes

(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 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; or
(2) a person that uses flavored nitrous oxide in food and beverage
recipes or for other legitimate culinary purposes.

Legislative History

As added by P.L.163-1994, SEC.1. Amended by P.L.218-1997, SEC.1; P.L.163-2025, SEC.68.