LEGISLATIVE ARCHIVE. S.751 was signed into law by Governor McMaster on May 18, 2026 as Act No. 194, effective immediately. H.5202 remains stagnant in House Judiciary with no legislative action since 2/18/2026; per SC legislative procedure, once one bill in a same-subject pairing is enacted, the companion typically does not advance. This page is preserved as a historical record of the side-by-side comparison from the active legislative session. For current cross-state replication materials, see Model Legislation and State Bills Compared.
S.751 VS H.5202 — BILL COMPARISON (LEGISLATIVE ARCHIVE)
Historical record. South Carolina had two nitrous oxide bills advancing during the 2025-2026 legislative session; S.751 became Act No. 194 on May 18, 2026, while H.5202 remained in House Judiciary. Here is how they compared.
LIVE BILL STATUS
S.751 — SENATE
Sponsors: Senators Sutton, Ott, Zell, Shane Garrett, Ronnie Walker Current Status: Signed by Governor McMaster on May 18, 2026 as Act No. 194 · Effective immediately · Passed full Senate 42-0 on March 4, 2026 · House Judiciary favorable with amendment on May 6, 2026 · Passed full House 116-0 on May 13, 2026 · Senate concurred May 14, 2026 · Ratified as R 230 on May 15, 2026. Track S.751 live on scstatehouse.gov →
Parliamentary note. S.751 and H.5202 are companion bills addressing the same subject. S.751 passed the House 116-0 on 5/13/2026; the Senate concurred in the House amendment on 5/14/2026; ratified as R 230 on 5/15/2026; signed by Gov. McMaster on 5/18/2026 as Act No. 194, effective immediately. H.5202 remains stagnant in House Judiciary; once one bill in a pairing is enacted, the other typically does not advance further, and H.5202 has had no legislative action since referral on 2/18/2026. This page preserves the side-by-side framing for the legislative record and as a reference for other states considering parallel-track legislation.
THE FUNDAMENTAL DIFFERENCE
H.5202
NEAR-TOTAL PROHIBITION
S.751
NEAR-TOTAL COMMERCIAL BAN
H.5202 (Teeple, House): Near-total prohibition — unlawful to sell nitrous oxide to anyone except exempt entities. No individual consumer may purchase for any purpose.
S.751 Amended (Sutton/Ott/Zell/S.Garrett/R.Walker, Senate): Near-total commercial ban — unlawful to sell recreational nitrous oxide except to exempt entities. Adults 18+ may purchase only for verified lawful use (medical, culinary with food permit, automotive with dealer agreement, industrial, research, government).
Both bills now impose near-total commercial bans. S.751 preserves narrower exemptions with documentation requirements (food permits, dealer agreements) and is harder to challenge constitutionally. H.5202 takes a broader prohibition approach with simpler exemption categories.
SIDE-BY-SIDE COMPARISON
PROVISION
S.751 (SENATE)
H.5202 (HOUSE)
Regulatory model
Near-total commercial ban (exempt entities with documentation)
Near-total prohibition (exempt entities only)
Penalty — 1st offense
Up to $1,000 / 6 months
Up to $1,000 / 6 months
Penalty — 2nd offense
Up to $5,000 / 1 year
Up to $5,000 / 1 year
Penalty — 3rd+ offense
Up to $10,000 / 3 years
Up to $10,000 / 3 years
Flavored N₂O ban
✓ Banned
✓ Banned
Marketing ban
Recreational inhalation
Recreational inhalation + personal use
Exempt entities
✓ Medical, culinary, automotive, industrial, research, government
✓ Same six categories
Adult personal-use exemptions
✓ Home culinary (8g max), automotive repair, medical Rx
✗ No individual purchase pathway
Purchase limits
✓ 24 cartridges (8g) per day; 580g+ exempt entities only
✗ No provision (all individual purchase prohibited)
Online age verification
✓ Third-party verification + signature on delivery
✗ No online sales provisions
Retail display requirements
✓ Must prevent minor access; $1,000/$2,000 civil penalties
✗ No provision
Product labeling requirements
✓ 5 required label elements (ingredients, servings, warnings)
Referenced in recordkeeping inspection; no standalone definition
Minor misrepresentation penalty
✓ Noncriminal offense; scholarship-protected; no arrest/detention
✗ No provision
License suspension/revocation
✗ No provision
✓ Administrative action by issuing authority
Recordkeeping
✓ 2-year retention; includes individual purchaser records
✓ 2-year retention; exempt entity records only
Effective date
Upon Governor’s approval
Upon Governor’s approval
IDENTICAL IN BOTH BILLS
▶ Graduated penalty structure: $1,000/6 months (1st), $5,000/1 year (2nd), $10,000/3 years (3rd+)
▶ Flavored nitrous oxide product ban
▶ Ban on marketing for recreational inhalation
▶ Exempt entity categories: medical, culinary, automotive, industrial, research, government
▶ 2-year recordkeeping requirement
▶ Effective upon Governor’s approval
TECHNICAL ISSUES
Chemical nomenclature: S.751 uses “nitrogen monoxide” in its definition — technically that is NO, not N₂O. Both bills include the correct formula N₂O, so legislative intent is clear. H.5202 correctly uses “dinitrogen monoxide.”
Online sales gap: H.5202 has no online sales provisions despite e-commerce being a major distribution channel. S.751 addresses this with third-party age verification and signature-on-delivery requirements.
STRATEGIC ASSESSMENT
S.751 passed the full Senate 42-0 on 3/4/2026 and the full House 116-0 on 5/13/2026; the Senate concurred in the House amendment on 5/14/2026; ratified as R 230 on 5/15/2026; signed by Gov. McMaster on 5/18/2026 as Act No. 194, effective immediately. The enacted version is a near-total commercial ban with documentation-based exemptions, online sales provisions, and SLED enforcement — the most comprehensive state-level nitrous oxide regulation in the United States. H.5202 takes a simpler prohibition approach and remains stagnant in House Judiciary since referral on 2/18/2026. Both bills targeted the same outcome; they differ primarily in exemption structure and enforcement mechanisms.
