Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Community Safety Committee
HB 2532
Brief Description: Concerning the sale and distribution of nitrous oxide.
Sponsors: Representatives Timmons, Griffey, Davis, Parshley, Cortes, Leavitt, Ramel, Fosse, Nance, Obras and Bergquist.
Brief Summary of Bill
  • Makes the sale, administration, and distribution of nitrous oxide a gross misdemeanor, with specified medical, culinary, manufacturing, and automotive exemptions.
Hearing Date: 1/26/26
Staff: Lena Langer (786-7192).
Background:

Classification of Crimes.

Crimes are classified as misdemeanors, gross misdemeanors, or class A, B, or C felonies.  While there are exceptions, the classification of a crime generally determines the maximum term of confinement and fine for an offense.  For each classification, the maximum terms of confinement and maximum fines are as follows: 

 

Classification Maximum Confinement Maximum Fine
Misdemeanor90 Days$1,000
Gross Misdemeanor364 Days$5,000
Class C Felony5 Years$10,000
Class B Felony10 Years$20,000
Class A FelonyLife$50,000

 

The Uniform Controlled Substances Act.

The Uniform Controlled Substances Act (UCSA) regulates the manufacture, distribution, and dispensation of controlled substances, including by prohibiting and penalizing certain conduct related to controlled substances, counterfeit substances, and drug paraphernalia.  Related provisions of state law also regulate legend drugs.

 

A "controlled substance" is a drug or substance included in Schedules I through V of the UCSA, with some exceptions.  Drugs and substances are placed on schedules based on their potential for abuse, medical use, and safety.

 

Nitrous Oxide.

Nitrous oxide is also known as dinitrogen monoxide or laughing gas.  It is a colorless gas, about 50 percent heavier than air, with a slightly sweet smell.  Nitrous oxide is manufactured by the thermal decomposition of ammonium nitrate.  It is approved for medical and culinary purposes by the United States Food and Drug Administration (FDA).  Physicians and dentists have been using nitrous oxide since the mid-nineteenth century, and it is still commonly used for sedation and pain relief in clinical settings.

 

The FDA has issued warnings about the intentional misuse or inhalation of nitrous oxide from various canisters, tanks, chargers, and other products.

 

Nitrous oxide is not classified as a controlled substance.  
Summary of Bill:

It is a gross misdemeanor for a person to sell, furnish, administer, distribute, give away, or offer to sell, furnish, administer, distribute, or give away a device, canister, tank, or receptacle either exclusively containing nitrous oxide or flavored nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide.

 

The following are not violations of the prohibition:

  • to administer nitrous oxide for the purpose of providing medical or dental care, as a licensed medical or dental practitioner or under the supervision of a licensed medical or dental practitioner;
  • the sale of nitrous oxide contained in food products for use as a propellant;
  • the sale and use of nitrous oxide by a manufacturer as part of a manufacturing process or industrial operation; and
  • the sale and use of nitrous oxide for automotive purposes. 

 

Nitrous oxide means N20, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas. 
Appropriation: None.
Fiscal Note: Requested on January 21, 2026.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.