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. 

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.

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:

• the administration of nitrous oxide for the purpose of providing medical, veterinary, or dental care, as a licensed medical, veterinary, or dental practitioner or under the supervision of a licensed 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;
• the filling of cylinders of nitrous oxide for the subsequent sale, furnishment, or distribution of nitrous oxide for medical, veterinary, dental, food-grade, industrial, or automotive purposes, provided that the cylinders are not for personal use; and
• the sale and use of nitrous oxide for automotive purposes.

Nitrous oxide means N20, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.