Are Poppers (alkyl nitrites) Legal in New Jersey? (2026)

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Schedule I

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https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/22066/22516?f=templates$fn=document-frame.htm$3.0

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2026-10-29

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24:21-5  Schedule I.

   5. a. Tests. The director shall place a substance in Schedule I if he finds that the substance:  (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.
 
   b.   The controlled dangerous substances listed in this section are included in Schedule I, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any other schedule.
 
   c.   Any of the following opiates, including their isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
 
   (1)   Acetylmethadol
 
   (2)   Allylprodine
 
   (3)   Alphacetylmethadol
 
   (4)   Alphameprodine
 
   (5)   Alphamethadol
 
   (6)   Benzethidine
 
   (7)   Betacetylmethadol
 
   (8)   Betameprodine
 
   (9)   Betamethadol
 
   (10)  Betaprodine
 
   (11)  Clonitazene
 
   (12)  Dextromoramide
 
   (13)  Dextrorphan
 
   (14)  Diampromide
 
   (15)  Diethylthiambutene
 
   (16)  Dimenoxadol
 
   (17)  Dimepheptanol
 
   (18)  Dimethylthiambutene
 
   (19)  Dioxaphetyl butyrate
 
   (20)  Dipipanone
 
   (21)  Ethylmethylthiambutene
 
   (22)  Etonitazene
 
   (23)  Etoxeridine
 
   (24)  Furethidine
 
   (25)  Hydroxypethidine
 
   (26)  Ketobemidone
 
   (27)  Levomoramide
 
   (28)  Levophenacylmorphan
 
   (29)  Morpheridine
 
   (30)  Noracymethadol
 
   (31)  Norlevorphanol
 
   (32)  Normethadone
 
   (33)  Norpipanone
 
   (34)  Phenadoxone
 
   (35)  Phenampromide
 
   (36)  Phenomorphan
 
   (37)  Phenoperidine
 
   (38)  Piritramide
 
   (39)  Proheptazine
 
   (40)  Properidine
 
   (41)  Racemoramide
 
   (42)  Trimeperidine.
 
   d.   Any of the following narcotic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
 
   (1)   Acetorphine
 
   (2)   Acetylcodone
 
   (3)   Acetyldihydrocodeine
 
   (4)   Benzylmorphine
 
   (5)   Codeine methylbromide
 
   (6)   Codeine-N-Oxide
 
   (7)   Cyprenorphine
 
   (8)   Desomorphine
 
   (9)   Dihydromorphine
 
   (10)  Etorphine
 
   (11)  Heroin
 
   (12)  Hydromorphinol
 
   (13)  Methyldesorphine
 
   (14)  Methylhydromorphine
 
   (15)  Morphine methylbromide
 
   (16)  Morphine methylsulfonate
 
   (17)  Morphine-N-Oxide
 
   (18)  Myrophine
 
   (19)  Nicocodeine
 
   (20)  Nicomorphine
 
   (21)  Normorphine
 
   (22)  Phoclodine
 
   (23)  Thebacon.
 
   e.   Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
 
   (1)   3,4-methylenedioxy amphetamine
 
   (2)   5-methoxy-3,4-methylenedioxy amphetamine
 
   (3)   3,4,5-trimethoxy amphetamine
 
   (4)   Bufotenine
 
   (5)   Diethyltryptamine
 
   (6)   Dimethyltryptamine
 
   (7)   4-methyl-2,5-dimethoxylamphetamine
 
   (8)   Ibogaine
 
   (9)   Lysergic acid diethylamide
 
   (10) Marijuana; except that on and after the effective date of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.), marijuana shall no longer be included in Schedule I and shall not be designated or rescheduled and included in any other schedule by the director pursuant to the director’s designation and rescheduling authority set forth in section 3 of P.L.1970, c.226 (C.24:21-3).
 
   (11)  Mescaline
 
   (12)  Peyote
 
   (13)  N-ethyl-3-piperidyl benzilate
 
   (14)  N-methyl-3-piperidyl benzilate
 
   (15)  Psilocybin
 
   (16)  Psilocyn
 
   (17)  Tetrahydrocannabinols, including those produced by way of manufacture, except when found in hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.), or cannabis or a cannabis item, as those terms are defined in section 3 of P.L.2021, c.16 (C.24:6I-33), that is grown, cultivated, produced, manufactured, or sold in accordance with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).
 
   L.1970, c.226, s.5; amended 2007, c.244, s.3; 2018, c.139, s.8; 2019, c.238, s.12; 2021, c.16, s.44; 2024, c.73, s.3.

Instrument

Schedule I, hallucinogenic substances

Source

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/22066/22516?f=templates$fn=document-frame.htm$3.0

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2026-10-31

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e. Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 3,4-methylenedioxy amphetamine (2) 5-methoxy-3,4-methylenedioxy amphetamine (3) 3,4,5-trimethoxy amphetamine (4) Bufotenine (5) Diethyltryptamine (6) Dimethyltryptamine (7) 4-methyl-2,5-dimethoxylamphetamine (8) Ibogaine (9) Lysergic acid diethylamide (10) Marijuana; except that on and after the effective date of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.), marijuana shall no longer be included in Schedule I and shall not be designated or rescheduled and included in any other schedule by the director pursuant to the director’s designation and rescheduling authority set forth in section 3 of P.L.1970, c.226 (C.24:21-3). (11) Mescaline (12) Peyote (13) N-ethyl-3-piperidyl benzilate (14) N-methyl-3-piperidyl benzilate (15) Psilocybin (16) Psilocyn (17) Tetrahydrocannabinols, including those produced by way of manufacture, except when found in hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.), or cannabis or a cannabis item, as those terms are defined in section 3 of P.L.2021, c.16 (C.24:6I-33), that is grown, cultivated, produced, manufactured, or sold in accordance with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).

Instrument

Schedule I

Source

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/22066/22516?f=templates$fn=document-frame.htm$3.0

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2026-10-28

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e.   Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
 
   (1)   3,4-methylenedioxy amphetamine
 
   (2)   5-methoxy-3,4-methylenedioxy amphetamine
 
   (3)   3,4,5-trimethoxy amphetamine
 
   (4)   Bufotenine
 
   (5)   Diethyltryptamine
 
   (6)   Dimethyltryptamine
 
   (7)   4-methyl-2,5-dimethoxylamphetamine
 
   (8)   Ibogaine
 
   (9)   Lysergic acid diethylamide
 
   (10) Marijuana; except that on and after the effective date of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.), marijuana shall no longer be included in Schedule I and shall not be designated or rescheduled and included in any other schedule by the director pursuant to the director’s designation and rescheduling authority set forth in section 3 of P.L.1970, c.226 (C.24:21-3).
 
   (11)  Mescaline
 
   (12)  Peyote
 
   (13)  N-ethyl-3-piperidyl benzilate
 
   (14)  N-methyl-3-piperidyl benzilate
 
   (15)  Psilocybin
 
   (16)  Psilocyn
 
   (17)  Tetrahydrocannabinols, including those produced by way of manufacture, except when found in hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.), or cannabis or a cannabis item, as those terms are defined in section 3 of P.L.2021, c.16 (C.24:6I-33), that is grown, cultivated, produced, manufactured, or sold in accordance with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).
 
   L.1970, c.226, s.5; amended 2007, c.244, s.3; 2018, c.139, s.8; 2019, c.238, s.12; 2021, c.16, s.44; 2024, c.73, s.3.

Instrument

Schedule III, depressants

Source

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/22066/22518?f=templates$fn=document-frame.htm$3.0

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2026-10-31

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d. Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules (2) Chlorhexadol (3) Glutethimide (4) Lysergic acid (5) Lysergic acid amide (6) Methyprylon (7) Phencyclidine (8) Sulfondiethylmethane (9) Sulfonethylmethane (10) Sulfonmethane (11) Ketamine hydrochloride.

Instrument

Nitrous oxide permits and sale; toxic chemicals

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https://pub.njleg.gov/statutes/STATUTES-TEXT.zip

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2026-10-31

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24:6G-1.  Control or possession without written permit;  prohibition; exceptions
    It shall be unlawful for any person or persons, except a duly licensed physician, dentist, veterinarian, nurse, hospital, sanitarium or other medical institution, or a resident physician or intern of a hospital, sanitarium or other medical institution, to have under control or possess nitrous oxide in any form unless the person obtains a written permit issued by the Department of  Health;  except that no person under 19 years of age shall have under his control or possess nitrous oxide.

     L.1982, c. 127, s. 1, eff. Sept. 3, 1982.

24:6G-2.     Sale of nitrous oxide for nonmedical use  
    2.   When nitrous oxide is sold for nonmedical use, both the seller and buyer shall obtain a written permit issued by the Department of Health; except that if the seller is registered with the Department of Health as a distributor or wholesaler of nitrous oxide or if the nitrous oxide is to be used in food preparation, the seller or buyer does not have to obtain a permit.  A permit shall contain the name, address and other location of the person who requests the permit and a registration number assigned by the Department of Health.  The buyer shall state the intended use of the nitrous oxide on the permit.  

   Notwithstanding the provisions of sections 1 and 2 of this act, no person shall sell, distribute or dispense nitrous oxide to any person under 19 years of age.  

   L.1982,c.127,s.2; amended 1992,c.179.  

24:6G-3.  Record of sale;  duration of retention;  contents; inspection
    Every person who sells or furnishes nitrous oxide shall retain a record of the sale for a period of 2 years.  The record of the sales shall contain the name and address of the buyer, number of the buyer’s permit, date of sale and amount of nitrous oxide purchased.  Records shall be open to inspection by any public officer or employee engaged in the enforcement of this section.

     L.1982, c. 127, s. 3, eff. Sept. 3, 1982.

24:6G-4.  Permits;  purposes authorized
    The Commissioner of Health is authorized to issue permits for the acquisition of nitrous oxide for the purposes enumerated in section 1 of this act.

     L.1982, c. 127, s. 4, eff. Sept. 3, 1982.

24:6G-5.  Administration and enforcement;  rules
    The Commissioner of Health shall administer and enforce the provisions of this act and shall issue all rules necessary to effectuate the purposes of this  act.

     L.1982, c. 127, s. 5, eff. Sept. 3, 1982.

24:6G-6.  Violations;  penalties;  recovery and enforcement
    The penalties for violating any provisions of this act shall be as provided  in chapter 17 of Title 24 of the Revised Statutes.  Such penalties shall be  recovered and enforced in the same manner and in accordance with the procedure  detailed in chapter 17 of Title 24 of the Revised Statutes. In addition, any  person violating the provisions of this act may be sentenced to imprisonment  for a definite term which shall be fixed by the court and shall not exceed 6  months.

     L.1982, c. 127, s. 6, eff. Sept. 3, 1982.

2C:35-10.4  Toxic chemicals.
 	7.  Toxic Chemicals  a. As used in this section the term "toxic chemical" means any chemical or substance having the property of releasing toxic fumes.  "Toxic chemical" includes, but is not limited to, acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluol, toluene and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.

	b.	A person commits a disorderly persons offense if the person:

	(1)	inhales the fumes of any toxic chemical for the purpose of causing a condition of intoxication; or 

	(2)	possesses any toxic chemical for the purpose of causing a condition of intoxication.

	This subsection shall not apply to the possession and use of nitrous oxide or any material containing nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide.

	c.	A person commits a fourth degree offense if the person sells, or offers to sell, any substance containing a toxic chemical knowing that the intended use of the product is to cause a condition of intoxication, or knowing that the product does not include an additive required by the Commissioner of the State Department of Health and Senior Services to discourage the inhalation of vapors of toxic chemicals for the purpose of causing a condition of intoxication.  This subsection does not apply to adhesives manufactured only for industrial application or to the sale of nitrous oxide or any material containing nitrous oxide lawfully distributed pursuant to sections 1 though 6 of P.L.1982, c.127 (C.24:6G-1 et seq.).

	L.1999,c.90,s.7; amended 2007, c.31, s.1.

Instrument

Toxic chemicals

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https://pub.njleg.gov/statutes/STATUTES-TEXT.zip

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2026-10-31

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2C:35-10.4  Toxic chemicals.
 	7.  Toxic Chemicals  a. As used in this section the term "toxic chemical" means any chemical or substance having the property of releasing toxic fumes.  "Toxic chemical" includes, but is not limited to, acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluol, toluene and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.

	b.	A person commits a disorderly persons offense if the person:

	(1)	inhales the fumes of any toxic chemical for the purpose of causing a condition of intoxication; or 

	(2)	possesses any toxic chemical for the purpose of causing a condition of intoxication.

	This subsection shall not apply to the possession and use of nitrous oxide or any material containing nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide.

	c.	A person commits a fourth degree offense if the person sells, or offers to sell, any substance containing a toxic chemical knowing that the intended use of the product is to cause a condition of intoxication, or knowing that the product does not include an additive required by the Commissioner of the State Department of Health and Senior Services to discourage the inhalation of vapors of toxic chemicals for the purpose of causing a condition of intoxication.  This subsection does not apply to adhesives manufactured only for industrial application or to the sale of nitrous oxide or any material containing nitrous oxide lawfully distributed pursuant to sections 1 though 6 of P.L.1982, c.127 (C.24:6G-1 et seq.).

	L.1999,c.90,s.7; amended 2007, c.31, s.1.

Instrument

Definitions: controlled dangerous substance; controlled substance analog

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https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/2785/3233?f=templates$fn=document-frame.htm$3.0

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2026-11-06

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“Controlled dangerous substance” means a drug, substance, or immediate precursor in Schedules I through V, marijuana and hashish as defined in this section, any substance the distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3 of P.L.1997, c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194 (C.2C:35-5.3), in section 2 of P.L.2011, c.120 (C.2C:35-5.3a), or in section 2 of P.L.2013, c.35 (C.2C:35-5.3b), and any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance in the human body. When any statute refers to controlled dangerous substances, or to a specific controlled dangerous substance, it shall also be deemed to refer to any drug or substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous substance or the specific controlled dangerous substance, and to any substance that is an immediate precursor of a controlled dangerous substance or the specific controlled dangerous substance.  The term shall not include distilled spirits, wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq., tobacco and tobacco products, or cannabis and cannabis as defined in section 3 of P.L.2021, c.16 (C.24:6I-33).  The term, wherever it appears in any law or administrative regulation of this State, shall include controlled substance analogs.
 
   “Controlled substance analog” means a substance that has a chemical structure substantially similar to that of a controlled dangerous substance and that was specifically designed to produce an effect substantially similar to that of a controlled dangerous substance.  The term shall not include a substance manufactured or distributed in conformance with the provisions of an approved new drug application or an exemption for investigational use within the meaning of section 505 of the “Federal Food, Drug and Cosmetic Act,” 52 Stat. 1052 (21 U.S.C. s.355).