Is Nitrous Oxide Legal? State by state
Nitrous Oxide (whippets, Galaxy Gas) is legal to sell at retail in 6 states, restricted in 27, in a gray area in 16 and illegal in 2. Federal: not federally scheduled. Verified through November 12, 2026.
Select a state on the map or in the list for the controlling law, verbatim.Watch: what is moving on Nitrous Oxide
What is Nitrous Oxide?
Nitrous oxide is a lawful food and medical gas (affirmed GRAS for food use, 21 CFR 184.1545) sold in whipped cream chargers and large flavored tanks; it is not a federally controlled substance, and FDA has warned consumers not to inhale nitrous oxide products. State law draws the line at inhalation: sale for inhalation, sale to minors, possession for intoxication, and new bans on flavored or large-tank products.
Framework: CSA scheduling · Reference article
Legal 6 · Restricted 27 · Gray 16 · Illegal 2 · Not verified 0Federal posture
Not federally scheduled. Not federally controlled; lawful food and medical gas; FDA warns against inhalation Federal detail and instruments
Status by state
- Alabama Restricted
- Alaska Legal
- Arizona Restricted
- Arkansas Restricted
- California Restricted
- Colorado Legal
- Connecticut Restricted
- Delaware Gray area
- District of Columbia Legal
- Florida Restricted
- Georgia Restricted
- Hawaii Gray area
- Idaho Gray area
- Illinois Restricted
- Indiana Restricted
- Iowa Restricted
- Kansas Legal
- Kentucky Restricted
- Louisiana Restricted
- Maine Gray area
- Maryland Restricted
- Massachusetts Gray area
- Michigan Restricted
- Minnesota Gray area
- Mississippi Legal
- Missouri Gray area
- Montana Gray area
- Nebraska Restricted
- Nevada Gray area
- New Hampshire Gray area
- New Jersey Restricted
- New Mexico Gray area
- New York Restricted
- North Carolina Gray area
- North Dakota Restricted
- Ohio Restricted
- Oklahoma Restricted
- Oregon Restricted
- Pennsylvania Restricted
- Rhode Island Gray area
- South Carolina Restricted
- South Dakota Gray area
- Tennessee Illegal
- Texas Restricted
- Utah Restricted
- Vermont Legal
- Virginia Restricted
- Washington Illegal
- West Virginia Gray area
- Wisconsin Restricted
- Wyoming Gray area
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Cite this page
Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.
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