HB2732: Flavored nitrous oxide; manufacturing, selling, distributing, or possessing, penalties.

Legislative Summary

Manufacturing, selling, distributing, or possessing flavored nitrous oxide; penalties. Provides that any person who knowingly manufactures, sells, distributes, or possesses with the intent to manufacture, sell, give, or distribute flavored nitrous oxide, when intended for human consumption, is guilty of a Class 5 felony. Under the bill, any person who knowingly possesses flavored nitrous oxide, when intended for human consumption, is guilty of a Class 6 felony. The bill specifies that such prohibition does not apply to nitrous oxide that has been denatured or otherwise rendered unfit for human consumption or to (i) any person or establishment that is licensed to sell, serve, or offer for sale food or drink for human consumption; (ii) any person engaged in the business of selling or distributing catering supplies only or food processing equipment only, or of selling or distributing compressed gases for industrial or medical use that sells or otherwise distributes nitrous oxide in the course of that business; or (iii) any health care professional while engaged in the performance of his official duties.