NASHVILLE, Tenn. – The General Assembly approved legislation to ban the retail sale of nitrous oxide products, commonly known as laughing gas or whippets, in Tennessee.
The Nitrous Oxide Abuse Prevention and Retail Sales Prohibition Act, sponsored by State Rep. Fred Atchley, R-Sevierville, prohibits retail sellers from selling or offering nitrous oxide. Manufacturers and distributors of nitrous oxide for medical, dental, and food-related uses, such as whipped cream chargers, are exempt from the legislation.
“While nitrous oxide has legitimate medical and commercial uses, it has become increasingly misused in teenage circles for recreational highs,” Atchley said. “Frequent inhalation can lead to serious and even fatal consequences. This legislation eliminates retail access to protect Tennesseans before more harm is done.”
Currently, nitrous oxide canisters can be purchased in smoke and vape shops, as well as from various online retailers. In 2025, the Food and Drug Administration (FDA) warned Americans that repeatedly inhaling nitrous oxide could lead to side effects including asphyxiation, blood clots, frostbite, paralysis and brain damage.
The legislation also creates a Class E felony offense for anyone who sells or gives nitrous oxide to another person knowing it will be used for intoxication.
Violations carry escalating civil penalties starting at $2,500 for a first offense and $5,000 for repeat offenses, and products may be seized as contraband. Businesses may also have their license revoked for repeat violations.
The bill now heads to Gov. Bill Lee’s desk for his signature. If enacted, the ban will take effect on July 1.
Fred Atchley represents District 12 in the Tennessee House of Representatives which includes part of Sevier County.
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