Is Nitrous Oxide (whippets, Galaxy Gas) Legal in Kentucky? (2026)

Instrument

Controlled substance analogue definition and possession offense

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57301

Retrieved

2026-11-06

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(8) “Controlled substance” means methamphetamine, or a drug, substance, or
     immediate precursor in Schedules I through V and includes a controlled substance
     analogue;
(9) (a) "Controlled substance analogue," except as provided in paragraph (b) of this
            subsection, means a substance:
            1.     The chemical structure of which is substantially similar to the structure
                   of a controlled substance in Schedule I or II; and
            2.     Which has a stimulant, depressant, or hallucinogenic effect on the
                   central nervous system that is substantially similar to or greater than the
                   stimulant, depressant, or hallucinogenic effect on the central nervous
                   system of a controlled substance in Schedule I or II; or
            3.     With respect to a particular person, which such person represents or
                   intends to have a stimulant, depressant, or hallucinogenic effect on the
                   central nervous system that is substantially similar to or greater than the
                   stimulant, depressant, or hallucinogenic effect on the central nervous
                   system of a controlled substance in Schedule I or II.
     (b) Such term does not include:
            1.     Any substance for which there is an approved new drug application;
            2.     With respect to a particular person, any substance if an exemption is in
                   effect for investigational use for that person pursuant to federal law to
                   the extent conduct with respect to such substance is pursuant to such
                  exemption; or
            3.    Any substance to the extent not intended for human consumption before
                  the exemption described in subparagraph 2. of this paragraph takes
                  effect with respect to that substance;

(1)   A person is guilty of possession of a controlled substance in the first degree when
      he or she knowingly and unlawfully possesses:
      (a) A controlled substance that is classified in Schedules I or II and is a narcotic
            drug;
      (b) A controlled substance analogue;
      (c) Methamphetamine;
      (d) Lysergic acid diethylamide;
      (e) Phencyclidine;
      (f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of
            isomers, and analogues; or
      (g) Flunitrazepam, including its salts, isomers, and salts of isomers.

Instrument

Definitions for chapter -- 'controlled substance' includes a controlled substance analogue; definition of controlled substance analogue

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57301

Retrieved

2026-10-29

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“Controlled  substance”  means  methamphetamine,  or  a  drug,  substance,  or
immediate precursor in Schedules I through V and includes a controlled substance
analogue;
(a)

"Controlled substance analogue," except as provided in paragraph (b) of this
subsection, means a substance:
1.

The chemical structure of which is substantially similar to the structure
of a controlled substance in Schedule I or II; and

2.  Which  has  a  stimulant,  depressant,  or  hallucinogenic  effect  on  the
central nervous system that is substantially similar to or greater than the
stimulant,  depressant,  or  hallucinogenic  effect  on  the  central  nervous
system of a controlled substance in Schedule I or II; or

3.  With  respect  to  a  particular  person,  which  such  person  represents  or
intends  to  have a stimulant,  depressant,  or hallucinogenic effect  on the
central nervous system that is substantially similar to or greater than the
stimulant,  depressant,  or  hallucinogenic  effect  on  the  central  nervous
system of a controlled substance in Schedule I or II.

(b)  Such term does not include:

1.  Any substance for which there is an approved new drug application;
2.  With respect to a particular person, any substance if an exemption is in
effect  for  investigational  use  for  that  person  pursuant  to  federal  law  to
the  extent  conduct  with  respect  to  such  substance  is  pursuant  to  such

exemption; or

3.  Any substance to the extent not intended for human consumption before
the  exemption  described  in  subparagraph  2.  of  this  paragraph  takes
effect with respect to that substance;

Instrument

Possession of controlled substance in first degree, subsection (1)

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39533

Retrieved

2026-11-01

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(1)  A person is guilty of possession of a controlled substance in the first degree when 

he or she knowingly and unlawfully possesses: 
(a)  A controlled substance that is classified in Schedules I or II and is a narcotic 

drug; 

(b)  A controlled substance analogue; 
(c)  Methamphetamine; 
(d)  Lysergic acid diethylamide; 
(e)  Phencyclidine; 
(f)  Gamma  hydroxybutyric  acid  (GHB),  including  its  salts,  isomers,  salts  of 

isomers, and analogues; or 

(g)  Flunitrazepam, including its salts, isomers, and salts of isomers.

Instrument

Trafficking in salvia

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9667

Retrieved

2026-10-31

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218A.1450 Trafficking in salvia -- Penalty.
(1)   A person is guilty of trafficking in salvia when he or she knowingly and unlawfully
      traffics in salvia for human consumption.
(2)   Trafficking in salvia is a Class A misdemeanor.

Instrument

Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56245

Retrieved

2026-10-31

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438.343 Prohibition on sale of nitrous oxide -- Definition -- Exceptions -- Penalties.
(1)   As used in this section, "nitrous oxide" means any of the following substances:
      (a) N2O;
      (b) Dinitrogen monoxide;
      (c) Dinitrogen oxide;
      (d) Nitrogen oxide;
      (e) Butyl nitrite;
      (f) Isobutyl nitrite;
      (g) Secondary butyl nitrite;
      (h) Tertiary butyl nitrite; or
      (i) Laughing gas.
(2)   A retailer shall not sell, distribute, give away, or cause to be sold any device,
      canister, tank, or receptacle that either exclusively contains nitrous oxide or
      exclusively contains a chemical compound mixed with nitrous oxide.
(3)   Nitrous oxide shall only be available for the uses as authorized by this subsection.
      This section shall not prohibit:
      (a) The sale or distribution of medical gases that contain nitrous oxide by a
            wholesaler licensed by the Kentucky Board of Pharmacy;
      (b) Any person who administers nitrous oxide for the purpose of providing
            medical or dental care, if administered by a dentist or dental hygienist in
            accordance with KRS 313.060;
      (c) The possession or use of nitrous oxide substances by a manufacturer as part of
            a manufacturing process or industrial operation;
      (d) The possession, use, or sale of nitrous oxide as a propellant in food
            preparation for restaurant, food service, or houseware products; or
      (e) The possession, use, or sale of nitrous oxide for automotive purposes.
(4)   Any retailer that violates this section shall be subject to:
      (a) A two thousand five hundred dollar ($2,500) fine to the owner of a retail
            establishment for a first citation issued for a violation of this section;
      (b) A five thousand dollar ($5,000) fine to the owner of a retail establishment for
            a second citation issued for a violation of this section; and
      (c) Up to thirty (30) days in jail for a third citation issued for a violation of this
            section.
(5)   Each citation shall be specific to the premises of the retailer where the violation
      occurred.
               Effective: June 27, 2025
               History: Created 2025 Ky. Acts ch. 78, sec. 16, effective June 27, 2025.