South Carolina has two nitrous oxide bills advancing simultaneously. Here is how they differ.
LIVE BILL STATUS
S.751 — SENATE
Sponsors: Senators Sutton, Ott, Zell Current Status: Favorable Committee Report — February 18, 2026 · Awaiting Senate floor vote. Track S.751 live on scstatehouse.gov →
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, Senate): Age-restriction framework — unlawful to sell to minors under 18. Adults 18+ may purchase for lawful personal use (home culinary, automotive repair, medical Rx).
H.5202 is the stricter bill. S.751 preserves regulated adult access and is harder to challenge constitutionally because it does not prohibit lawful commercial activity outright.
SIDE-BY-SIDE COMPARISON
PROVISION
S.751 (SENATE)
H.5202 (HOUSE)
Regulatory model
Age-restriction (minors under 18)
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
H.5202 is the prohibition bill — simpler, more aggressive, easier to enforce. S.751 is the regulatory framework bill — more comprehensive, more permissive, harder to challenge constitutionally. Together they give the legislature a choice between two approaches, or the ability to merge the strongest elements of both during conference committee reconciliation.
