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S 751

Prohibition of sale of nitrous oxide to minors

2025-2026 Regular Session Introduced by Billy Garrett and 4 co-sponsors

Prohibits sale, distribution, or possession with intent to sell nitrous oxide to minors and imposes strict age-verification, recordkeeping, and penalties to curb misuse.

Effective date 05/18/26
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WeVote Research Nonpartisan
Bill Summary · S 751

Summary of Bill S. 751 (2025-2026) – Prohibition of sale of nitrous oxide to minors (South Carolina)

Purpose and intent

  • Establishes a regulatory framework to prohibit the sale, distribution, and possession with intent to sell nitrous oxide and nitrous oxide products, with specific focus on preventing access by minors.
  • Creates definitions, exemptions, enforcement mechanisms, and penalties to deter unlawful sales and distributions, including flavored nitrous oxide products.

Key provisions and changes

  • New legal framework (Article 25: Nitrous Oxide)

    • Adds Section 44-53-2510 to define terms:
    • Nitrous oxide and nitrous oxide products; flavor terms; exempt entities; meaning of “sell” or “sale.”
    • Exempts certain entities and activities (e.g., licensed medical facilities, culinary/beverage uses by permitted establishments, automotive uses with specific conditions, industrial/manufacturing uses, schools/research facilities, government/emergency services).
    • Distinguishes flavored nitrous oxide products and sets parameters for age verification.

  • Prohibited activities and intent to sell (Section 44-53-2520)

    • Unlawful to sell, furnish, distribute, or provide nitrous oxide or nitrous oxide products in South Carolina (with limited exceptions).
    • Unlawful to possess nitrous oxide or products with intent to sell/distribute.
    • Prohibits possession or sale of nitrous oxide for recreational inhalation.
    • Prohibits sale of flavored nitrous oxide products.
    • For online/remote sales, requires age verification via independent third-party verification or alternative robust verification methods, plus delivery methods requiring adult signature for exempt uses, with specified verification options (online profile with public record verification; or upload of government ID and photo; shipment to purchaser name/address).
    • Subsection (E) provides explicit exemptions for lawful purposes to the exempt entities or individuals, including personal automotive repair use, home culinary use (nonrefillable cartridges ≤ 8 grams), and medical use as prescribed.

  • Sales limits and special provisions (Section 44-53-2520; subsection G)

    • Retailers: limit on exempt personal-use purchases to no more than a case per day (case = 24 cartridges of 8 grams each).
    • Automotive use: dealers may sell only if the nitrous oxide is mixed with at least 100 parts per million sulfur dioxide as a fuel additive to exempt individuals; sales to exempt entities may be by delivery to business address or invoiced to the exempt entity.
    • Tobacco retailers: facilities primarily selling tobacco may not sell nitrous oxide or nitrous oxide products.

  • Recordkeeping and purchaser verification (Section 44-53-2530)

    • Sellers must take reasonable steps to verify exempt status or lawful use, including:
    • Recording purchaser name and address (business or personal).
    • Keeping a copy of applicable license/permit or government ID, or an electronic ID.
    • Documenting date, quantity, and form of nitrous oxide sold.
    • Records must be kept for at least two years and be available for inspection by the Department, the Division, or local law enforcement.
    • The Division may inspect premises during normal business hours.

  • Penalties and administrative actions (Section 44-53-2540)

    • Criminal penalties for knowingly violating the article:
    • First offense: up to $1,000 fine, up to 6 months imprisonment, or both.
    • Second offense: up to $5,000 fine, up to 1 year imprisonment, or both.
    • Third or subsequent offense: up to $10,000 fine, up to 3 years imprisonment, or both.
    • Administrative consequences: a business convicted may face suspension or revocation of licenses/permits, in addition to criminal penalties.

  • Effective date

    • The act takes effect upon approval by the Governor.

Who would be affected

  • Retailers and businesses that sell nitrous oxide or nitrous oxide products, including:
    • General retailers, online retailers, automotive shops, and tobacco retailers (with restrictions in place for the latter).
  • Exempt entities and users who may legally obtain nitrous oxide for approved purposes (medical, culinary, automotive, industrial, educational, or government/emergency services), provided they comply with verification and documentation requirements.
  • Law enforcement and regulatory agencies involved in enforcement, inspections, and licensing actions.
  • Minors would be directly impacted by restricted access and penalties for illegal purchases or attempts to purchase.

Procedural and timeline notes

  • Introduced and referred to the Judiciary Committee in January 2026; amendments were adopted in March 2026.
  • Committee reports indicate a favorable status (with amendments) and passage through the Senate with votes noted (e.g., March 4, 2026: roll call 42–0 in second reading).
  • Follows standard legislative process toward potential gubernatorial approval and enactment.

Practical impact and considerations

  • Aims to reduce minor exposure to nitrous oxide through strict age-verification for online/remote sales and mandated recordkeeping.
  • Creates a mixed regulatory approach: criminal penalties for unlawful sales, plus civil/administrative consequences for license-holding entities.
  • establishes explicit exemptions to avoid penalizing legitimate uses (medical, culinary, automotive, industrial, educational, and government uses).
  • Introduces targeted limitations (e.g., one-case-per-day cap for exempt personal-use purchases; sulfur dioxide blending requirement for automotive sales) to curb misuse while allowing legitimate activity.

If you’d like, I can offer a side-by-side comparison with current law, or draft a plain-language one-page fact sheet for constituents.

Compiled from official sources — confirm details with the bill’s official record.

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