All Roll Calls
Yes: 158 • No: 0
South CarolinaS 0751126th General Assembly (2025-2026)SenateWALLET
AN ACT 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 IN CONSULTATION WITH THE STATE LAW ENFORCEMENT DIVISION; TO CREATE CRIMINAL PENALTIES; AND FOR OTHER PURPOSES.
Sponsored By: Ed Sutton (Democrat)
Signed by Governor
Summary
Prohibition of sale of nitrous oxide to minors
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 3 costs, 2 mixed.
Special rules for automotive nitrous
Automotive businesses may sell nitrous oxide for engine use only if the gas is mixed with at least 100 parts per million sulfur dioxide. These sales are limited to buyers covered by the law’s exemptions and must be through licensed dealers or distributors.
Criminal penalties for illegal sales
Knowing violations are crimes. First offense: up to $1,000 fine, up to 6 months in jail, or both. Second: up to $5,000, up to 1 year, or both. Third or later: up to $10,000, up to 3 years, or both. Businesses can also face license suspension or revocation.
Statewide ban on nitrous oxide sales
Beginning May 18, 2026, selling, giving, or distributing nitrous oxide or its products is illegal, except for listed exemptions. Possessing nitrous oxide with intent to sell is also illegal. Selling or marketing nitrous oxide for recreational inhalation is banned. Flavored nitrous oxide products cannot be sold or held for sale. Stores that mainly sell tobacco products cannot sell nitrous oxide.
Tight limits on personal home use
Adults over 18 may buy for narrow personal uses the law lists. Home culinary use is limited to nonrefillable cartridges of 8 grams or less each. A retailer cannot sell more than one case per day to an individual under this personal-use exception. A case can include up to 24 cartridges, for a maximum of 192 grams.
Exempt buyers and seller verification rules
Certain users can still buy for lawful use: licensed health care, food service, automotive, industrial users, colleges and labs, and government or emergency agencies. Sellers must verify the buyer’s name and address, collect a license or government ID, and keep an invoice with date and quantity. Keep these records for at least two years and show them to law enforcement on request during business hours. Online sales must use an approved age check and require an adult signature, or use verified accounts with ID and deliver to the matching name and address. Sales to exempt entities must be delivered to a business address or invoiced to the entity. The Health Department sets detailed rules with SLED and refers suspected crimes to law enforcement.
Sponsors & Cosponsors
Sponsor
Ed Sutton
Democrat • Senate
Cosponsors
Billy Garrett
Republican • Senate
Russell L. Ott
Democrat • Senate
Overture Walker
Democrat • Senate
Jeff Zell
Republican • Senate
Roll Call Votes
House vote • 5/13/2026
(Prohibition of sale of nitrous oxide to minors)Passage of Bill
Yes: 116 • No: 0
Senate vote • 3/4/2026
(Prohibition of sale of nitrous oxide to minors)2nd Reading
Yes: 42 • No: 0
Actions Timeline
Effective date 05/18/26
6/5/2026legislatureAct No. 194
6/2/2026legislatureSigned By Governor
5/18/2026GovernorRatified R 230
5/15/2026legislatureConcurred in House amendment and enrolled
5/14/2026SenateRead third time and returned to Senate with amendments
5/14/2026HouseRoll call Yeas-116 Nays-0
5/13/2026HouseRead second time
5/13/2026HouseAmended
5/13/2026HouseDebate adjourned
5/12/2026HouseCommittee report: Favorable with amendment Judiciary
5/6/2026HouseReferred to Committee on Judiciary
3/11/2026HouseIntroduced and read first time
3/11/2026HouseRead third time and sent to House
3/5/2026SenateRoll call Ayes-42 Nays-0
3/4/2026SenateRead second time
3/4/2026SenateAmended
3/4/2026SenateCommittee Amendment Adopted
3/4/2026SenateCommittee report: Favorable with amendment Judiciary
2/18/2026SenateReferred to Committee on Judiciary
1/13/2026SenateIntroduced and read first time
1/13/2026SenateReferred to Committee on Judiciary
12/10/2025SenatePrefiled
12/10/2025Senate
Bill Text
Introduced
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