Drugs, Synthetic or Analogue - As enacted, enacts the "Nitrous Oxide Abuse Prevention and Retail Sale Prohibition Act"; makes related changes. - Amends TCA Title 39; Title 57, Chapter 7; Title 63 and Title 67, Chapter 4,, the official text

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State f/J&vnessee

                             PUBLIC CHAPTER NO. 702

                                                    SENATE BILL NO. 1843

                                  By Briggs, Campbell, Haile, Massey, Seal, White

                                           Substituted for: House Bill No. 1644

 By Atchley, Dixie, Hakeem, Doggett, Rudder, Littleton, Russell, Tim Hicks, Eldridge, Stinnett, Hale,
Warner, Garringer, Greg Martin, Baum, Powers, Hawk, Farmer, Renea Jones, Gary Hicks, Williams,
 Slater, Bricken, Crawford, Lynn, Marsh, Todd, Hill, Hemmer, Darby, Rudd, Cochran, Garrett, Gant,
 Reneau, Capley, Sherrell, Howell, Terry, McCalmon, Helton-Haynes, Raper, Moody, Haston, Vital,

                   Wright, Maberry, P~arson, Clemmons, Love, Chism, Davis, Butler, Miller

AN ACT to amend Tennessee Code Annotated, Title 39; Title 57, Chapter 7; Title 63 and Title 67,
          Chapter 4, Part 10, relative to the "Nitrous Oxide Abuse Prevention and Retail Sale
          Prohibition Act."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding the
following as a new part:

                    39-17-2001. This part is known and may be cited as the "Nitrous Oxide Abuse
          Prevention and Retail Sale Prohibition Act."

                    39-17-2002. As used in this part, unless the context otherwise requires:

                              (1) "Nitrous oxide" means:

                                        (A) N2O, a colorless gas or liquid that is also referred to as dinitrogen
                              monoxide, nitrogen oxide, or laughing gas; and

                                        (8) Any substance containing nitrous oxide; and

                              (2) "Retail seller" means a tobacco vending machine, place, store, booth,
                    concession, truck or vehicle, person, partnership, firm, entity, corporation, or
                    association engaged in the business of making sales at retail of nitrous oxide directly
                    to the ultimate consumer within this state.

                     39-17-2003.

                              (a)(1) It is unlawful for a retail seller to sell or offer for sale nitrous oxide.

                                        (2) A retail seller who violates subdivision (a)(1) is subject to a civil
                              penalty of two thousand five hundred dollars ($2,500) for the first violation and
                              all nitrous oxide sold or offered for sale is deemed to be contraband and must
                              be seized by the enforcing authority.

                                        (3) For a second or subsequent violation of subdivision (a)(1), a retail
                              seller who sells or offers for sal~ nitrous oxide is subject to a civil penalty of
                              five thousand dollars ($5,000), and all nitrous oxide sold or offered for sale is
                              deemed to be contraband and must be seized by the enforcing authority. If the
                              retail seller has been issued a certificate, permit, or license authorizing the
                              sale of products at retail, including, but not limited to, beer, wine, alcoholic
                              beverages, or hemp-derived cannabinoids, then the issuing authority must
                              revoke the certificate, permit, or license upon a second or subsequent
                              violation of this section. The retail seller may reapply for a retail certificate,
SB 1843
                              license, or permit revoked pursuant to this subdivision (a)(3) no earlier than
                              twelve (12) months from the date of the revocation.
                              (b)(1) It is an offense for a person to sell, offer to sell, deliver, or give away to
                              another nitrous oxide if the person has reasonable cause to suspect that the
                              nitrous oxide sold, offered for sale, delivered, or given away will be used for
                              the purpose of causing a condition of intoxication, inebriation, elation,
                              dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or
                              nervous system, or disturbing or distorting of the audio or visual processes.
                                        (2) A violation of subdivision (b)(1) is a Class E felony.
                              (c) This section does not prohibit the sale or offering for sale of nitrous oxide

                    by a manufacturer, distributor, or wholesaler for medical or dental purposes or to
                    implement the distribution of beverages or other foodstuffs for commercial purposes.
          SECTION 2. Tennessee Code Annotated, Section 39-17-422(a), is amended by deleting the
following language:
          , or to the use of nitrous oxide to implement the distribution of beverages or other foodstuffs
          for commercial purposes
          SECTION 3. Tennessee Code Annotated, Section 39-17-422(d), is amended by deleting
"nitrous oxide,".
          SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it.

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         SENATE BILL NO. 1843

PASSED:  March 30, 2026

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                         '                  RANDY-~............-..-- .

                                     SPEAKER OF THE SENATE

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

APPROVED this jLtt;t day of /\pri I         2026

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                        BILL LEE, GOVERNOR