VirginiaSB3602026 Regular SessionSenateWALLET

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

Sponsored By: Richard H. Stuart (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 HB 648.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 4 costs, 0 mixed.

Eight-gram cap on nitrous containers

Sellers cannot sell or offer nitrous oxide containers larger than eight grams to non‑exempt buyers. Exemptions include health care providers; sellers of catering, food‑service, or food‑processing equipment; compressed‑gas suppliers for industrial, manufacturing, or research; higher‑education and research uses; aerospace; automotive performance uses with denatured gas; and food propellant uses in restaurants. People also cannot buy or try to buy containers over eight grams unless exempt. That is a Class 1 misdemeanor.

Flavored nitrous oxide sales banned

Sellers cannot sell nitrous oxide that has, or is marketed as having, the taste or smell of food or drink to non‑exempt buyers. Examples include fruit, candy, dessert, alcohol, herbs, or spices. Exemptions cover denatured products and businesses that only sell catering or food‑processing equipment, compressed gases for industrial or medical use, and certain health care providers.

No nitrous devices for minors

Sellers cannot sell devices that deliver nitrous oxide for direct inhalation to anyone under 18, except people exempt under subdivision E 1. Sellers must make a diligent age check, including viewing a valid photo ID. If a seller skips the ID check or violates these rules, it is a Class 1 misdemeanor.

Criminal penalties for inhaling chemicals

The law makes it illegal to inhale noxious chemical substances to get intoxicated, unless under the direction of a practitioner. Getting someone else to inhale them is also illegal. Inhaling is a Class 1 misdemeanor. Causing or inducing another person is a Class 2 misdemeanor.

Sponsors & Cosponsors

Sponsor

  • Richard H. Stuart

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 252 • No: 0

Senate vote 2/25/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote 2/23/2026

Passed House with substitute Block Vote

Yes: 97 • No: 0

House vote 2/18/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

Senate vote 1/27/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 1/26/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/23/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 1/21/2026

Reported from Courts of Justice

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0192)

    4/6/2026Governor
  2. Approved by Governor-Chapter 192 (effective 7/1/2026)

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

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB360)

    2/27/2026Senate
  6. Bill text as passed Senate and House (SB360ER)

    2/27/2026Senate
  7. Enrolled

    2/27/2026Senate
  8. Signed by President

    2/27/2026Senate
  9. Signed by Speaker

    2/27/2026House
  10. House substitute agreed to by Senate (40-Y 0-N 0-A)

    2/25/2026Senate
  11. Passed House with substitute Block Vote (97-Y 0-N 0-A)

    2/23/2026House
  12. Engrossed by House - committee substitute

    2/23/2026House
  13. committee substitute agreed to

    2/23/2026House
  14. Read third time

    2/23/2026House
  15. Read second time

    2/20/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB360)

    2/19/2026Senate
  17. Committee substitute printed 26108201D-H1

    2/18/2026House
  18. Reported from Courts of Justice with substitute (22-Y 0-N)

    2/18/2026House
  19. Referred to Committee for Courts of Justice

    2/3/2026House
  20. Read first time

    2/3/2026House
  21. Placed on Calendar

    2/3/2026House
  22. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    1/27/2026Senate
  23. Engrossed by Senate Block Vote (Voice Vote)

    1/26/2026Senate
  24. Engrossed by Senate

    1/26/2026Senate
  25. Read second time

    1/26/2026Senate

Bill Text

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