VirginiaHB6482026 Regular SessionHouseWALLET

Nitrous oxide; sale, distribution, etc., prohibited, penalties.

Sponsored By: Hillary Pugh Kent (Republican)

Became Law

Summary

Distributing nitrous oxide prohibited; penalties. Prohibits the sale or distribution of (i) a device that is designed or intended to deliver a gas containing nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide that has, or is marketed as having, the taste or smell of any food or beverage that is distinguishable by an ordinary consumer either prior to or during consumption or use of such nitrous oxide to any person not exempted in the bill; and (iii) a container of nitrous oxide that exceeds eight grams, with exceptions defined in the bill. A violation of such prohibitions is a Class 1 misdemeanor. This bill is identical to SB 360.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Illegal to inhale noxious chemicals

It is illegal to intentionally inhale drugs or noxious chemicals to get high, unless a practitioner directs it. This is a Class 1 misdemeanor. It is also illegal to cause or invite someone else to inhale to get high, unless you are duly licensed. That offense is a Class 2 misdemeanor. Noxious chemicals include things like nail polish, model glue, certain solvents, nitrous oxide, and similar vapors.

Nitrous oxide sales: age and size limits

Retailers cannot sell devices for direct nitrous‑oxide inhaling to anyone under 18, unless a listed exemption applies. Sellers must check a valid photo ID; not making this “diligent inquiry” is a Class 1 misdemeanor. You also cannot sell nitrous oxide that tastes or is marketed like food or drink (fruit, candy, dessert, alcohol, herb, or spice) to anyone under 18, unless exempt. It is illegal to sell, distribute, or try to buy containers over eight grams unless you are in an exempt group; violations are a Class 1 misdemeanor. Exemptions cover health care providers; catering or food‑equipment sellers; and suppliers of industrial, manufacturing, or research gases. Colleges and research institutions, aerospace uses, denatured automotive performance uses, and food‑propellant uses for restaurants or housewares are also exempt.

Sponsors & Cosponsors

Sponsor

  • Hillary Pugh Kent

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 251 • No: 2

Senate vote 3/4/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/2/2026

Reported from Courts of Justice

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House

Yes: 95 • No: 0 • Other: 1

House vote 2/12/2026

Reported from General Laws

Yes: 20 • No: 1

House vote 2/12/2026

Subcommittee recommends reporting

Yes: 9 • No: 1

House vote 2/11/2026

Reported from Courts of Justice with substitute and referred to General Laws

Yes: 22 • No: 0

House vote 2/6/2026

Subcommittee recommends reporting with substitute and referring to General Laws

Yes: 10 • No: 0 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0191)

    4/6/2026Governor
  2. Approved by Governor-Chapter 191 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Signed by Speaker

    3/12/2026House
  6. Fiscal Impact Statement from Department of Planning and Budget (HB648)

    3/11/2026House
  7. Bill text as passed House and Senate (HB648ER)

    3/11/2026House
  8. Enrolled

    3/11/2026House
  9. Signed by President

    3/11/2026Senate
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/4/2026Senate
  11. Read third time

    3/4/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  14. Rules suspended

    3/3/2026Senate
  15. Reported from Courts of Justice (15-Y 0-N)

    3/2/2026Senate
  16. Referred to Committee for Courts of Justice

    2/18/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  18. Read third time and passed House (95-Y 0-N 1-A)

    2/17/2026House
  19. Engrossed by House - committee substitute

    2/16/2026House
  20. committee substitute agreed to

    2/16/2026House
  21. Read second time

    2/16/2026House
  22. Read first time

    2/15/2026House
  23. Fiscal Impact Statement from Department of Planning and Budget (HB648)

    2/12/2026House
  24. Subcommittee recommends reporting (9-Y 1-N)

    2/12/2026House
  25. Reported from General Laws (20-Y 1-N)

    2/12/2026House

Bill Text

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