76-9-1111. Abuse of nitrous oxide.
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Effective 5/7/2025
76-9-1111. Abuse of nitrous oxide.
(a)As used in this section, "nitrous oxide" means:
(i)N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; or
(ii)any substance containing nitrous oxide.
(b)Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
(2)Except as provided in Subsection (4), an actor commits abuse of nitrous oxide if the actor:
(a)possesses nitrous oxide with the intent to breathe, inhale, or ingest the nitrous oxide for the purpose of:
(i)causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses; or
(ii)in any manner changing, distorting, or disturbing the audio, visual, or mental processes;
(b)knowingly or intentionally is under the influence of nitrous oxide; or
(c)offers, sells, or provides nitrous oxide to another person, knowing that other person or a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or
(b).
(3)A violation of Subsection
(2)is a class A misdemeanor.
(a)Subsection (2)(b) does not apply to any person who is under the influence of nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person holding a license under state law that authorizes the administration of nitrous oxide.
(b)Subsection (2)(c) does not apply to any person who:
(i)administers nitrous oxide for the purpose of medical, surgical, or dental care; and
(ii)holds a license under state law that authorizes the administration of nitrous oxide.
Renumbered and Amended by Chapter 173 , 2025 General Session