FLORIDA & TENNESSEE: N₂O LEGISLATIVE RESEARCH BRIEFING
Prepared for nolaughingmatter.net legislative tracking project
Research date: 2026-02-24 — Primary sources only
1. COMPARATIVE SUMMARY TABLE
| FIELD |
FLORIDA |
TENNESSEE |
| Enacted Law |
ENACTED — FL §877.111 |
ENACTED — TCA §39-17-422 |
| Statute Title |
Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties |
Inhaling, selling, giving or possessing glue, paint, gasoline, aerosol, gases for unlawful purposes |
| N₂O Specific? |
YES Named explicitly throughout |
YES Named explicitly as listed substance |
| Age Threshold |
None — applies to all persons |
None — applies to all persons |
| Retail Ban Scope |
Sale/distribution for inhalation purposes is unlawful; >16g possession/sale/transfer is 3rd-degree felony |
Sale or furnishing for inhalation purposes is unlawful (Class A misdemeanor) |
| Online Sales Ban |
NO |
NO |
| Flavored Product Ban |
NO |
NO |
| Penalties |
Inhalation/possession w/ intent: 2nd-degree misdemeanor (up to 60 days, $500). Distribution/sale/possession >16g: 3rd-degree felony (up to 5 years, $5,000). |
Inhalation: Class A misdemeanor (up to 11 months 29 days, $2,500). Selling/furnishing to another: Class A misdemeanor. |
| Enforcement Agency |
FL Dept. of Business & Professional Regulation, Div. of Alcoholic Beverages & Tobacco (ABT); local law enforcement |
Local law enforcement; TN Alcoholic Beverage Commission (for licensed retailers) |
| Effective Date |
Originally enacted 1983 (ch. 83-187); amended 1993, 1999, 2000, 2001, 2014 |
Originally enacted as part of TCA Title 39; long-standing statute |
| Pending Bills |
PASSED SENATE — SB 432 (Meg’s Law) passed Senate 37-0 (3/4/2026); now in House |
PENDING — HB 1539 / SB 2113 & HB 1644 / SB 1843 — 114th GA |
2. FLORIDA — ENACTED LAW
FL §877.111 — Harmful Chemical Substances
Florida has one of the most explicit N₂O-specific criminal statutes in the United States.
The statute names nitrous oxide directly and creates a tiered penalty structure with a
felony threshold at 16 grams.
Statute: Florida Statutes §877.111 — "Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties."
Prohibited Conduct
— Unlawful for any person to inhale or ingest, or possess with intent to inhale or ingest, any compound, liquid, or chemical containing nitrous oxide for the purpose of inducing intoxication or disturbing auditory, visual, or mental processes.
— Unlawful for any person to knowingly sell, purchase, transfer, or distribute nitrous oxide for such purposes.
— Proof that a person discharged N₂O to inflate a balloon or any object suitable for subsequent inhalation creates an inference of knowledge that the use was unlawful.
Penalty Structure
| OFFENSE |
CLASSIFICATION |
MAX JAIL |
MAX FINE |
| Inhalation/ingestion or possession with intent to inhale |
2nd-degree misdemeanor |
60 days |
$500 |
| Sale/distribution/possession of >16 grams N₂O ("unlawful distribution of nitrous oxide") |
3rd-degree felony |
5 years |
$5,000 |
Statutory Exceptions
— Medical/dental use by practitioners licensed under FL chs. 458, 459, 464, 466, or 474
— Food-processing propellant (e.g., whipped cream canisters)
— Semiconductor oxidizer
— Analytical chemistry oxidizer (atomic absorption spectrometry)
— Airbag chemical production
— Oxidizer for chemical production, combustion, or jet propulsion
— Motor vehicle induction additive when mixed with sulphur dioxide
Checklist
| PROVISION | STATUS |
|---|
| Age threshold | NONE — applies to all persons regardless of age |
| Retail ban scope | PARTIAL — sale for inhalation purposes is unlawful; legitimate commercial sale (food propellant, etc.) is exempt |
| Online sales provisions | NOT ADDRESSED |
| Flavored product ban | NOT ADDRESSED |
| Enforcement agency | FL DBPR / Div. of ABT |
| Effective date | Originally enacted 1983 (ch. 83-187, Laws of Florida). Amended by ch. 93-39, ch. 99-8, ch. 2000-116, ch. 2000-318, ch. 2001-57, ch. 2014-19. |
3. FLORIDA — PENDING LEGISLATION (2026 SESSION)
SB 432 — Meg’s Law
Department of Business and Professional Regulation
Status: SB 432 passed Senate 37-0 on 3/4/2026. Now in House; added to Special Order Calendar for 3/9/2026.
Bill Details
| FIELD | DETAIL |
|---|
| Bill Number |
SB 432 |
| Sponsor |
Sen. Martin (District 33) |
| Title |
Department of Business and Professional Regulation |
| Status |
Passed Senate 37-0 on 3/4/2026; now in House |
| Proposed Effective Date |
July 1, 2026 |
Key Provisions
— Retail ban: Prohibits all DBPR-licensed retailers (tobacco/nicotine product dealers) from selling, furnishing, or giving nitrous oxide of any quantity on or from their licensed premises.
— Scope exemption: The prohibition does not apply to grocery stores, supermarkets, or other retail settings where N₂O is sold as a food-processing propellant.
— Enforcement expansion: Expands the jurisdiction of the Division of Alcoholic Beverages & Tobacco's law enforcement agents to enforce N₂O sales restrictions at licensed retailers.
— Packaging targeting: Provides the state stronger tools to regulate how N₂O products are marketed, particularly when packaging is designed to appeal to minors.
— Related provisions: The bill also authorizes DBPR enforcement authority over illegal hemp extract sales and employment eligibility verification.
Checklist for Pending Bills
| PROVISION | STATUS |
|---|
| Age threshold | NOT SPECIFIED — outright ban at licensed retail premises (all ages) |
| Retail ban scope | YES — complete ban at tobacco/nicotine licensed retailers; grocery/supermarket exempt |
| Online sales provisions | NOT ADDRESSED in available bill text |
| Flavored product ban | NOT ADDRESSED explicitly; packaging/marketing restrictions noted |
| Enforcement agency | FL DBPR / Div. of ABT |
4. FLORIDA — RELATED CONTEXT
September 2025 — Largest statewide N₂O enforcement operation in Florida history.
70 felony arrests. Largest initiative producing felony arrests in ABT's 92-year history.
Death of Margaret "Meg" Caldwell (November 2024)
— Margaret Caldwell, 29, died after long-term N₂O abuse that depleted her B12 levels and left her temporarily paralyzed.
— Found deceased behind a smoke shop in Orange County, FL, surrounded by N₂O canisters.
— Was inhaling nitrous oxide hundreds of times per day; had previously lost use of her legs in September 2024.
— Family filed a class-action lawsuit via Morgan & Morgan (February 6, 2025) in Orange County Circuit Court against manufacturers and smoke shops.
— Her sister, Kathleen Dial, has become an outspoken advocate for legislative reform, testifying in support of SB 432 (Meg's Law).
Statewide Enforcement Operation (September 2025)
— First Lady Casey DeSantis and Lt. Gov. Jay Collins announced the operation results at a press conference.
— Led by FL DBPR Division of Alcoholic Beverages & Tobacco in partnership with the Attorney General's Office, state attorneys' offices, NCIS, and local law enforcement statewide.
— Undercover agents purchased N₂O canisters at DBPR-licensed retailers across FL; sellers in many cases instructed agents on how to use the product to "get high."
— Results: 70 felony arrests, 16 additional outstanding warrants.
Advocacy and News Coverage
— DBPR held a press conference in January 2026 advocating for SB 432 (Meg's Law) alongside bill sponsors.
— WLRN, WGCU, Click Orlando, WTXL, and NBC Miami have published coverage of the proposed legislation.
— Glover Law published a regulatory alert noting DBPR enforcement warnings relating to N₂O, 7-OH, and hemp products (October 2025).
5. TENNESSEE — ENACTED LAW
TCA §39-17-422 — Inhalant Abuse Statute
Tennessee does not have a standalone N₂O statute. Instead, nitrous oxide is covered as
one of several named substances under the state's broader inhalant abuse law, TCA §39-17-422.
The statute covers both use and distribution.
Statute: TCA §39-17-422 — "Inhaling, selling, giving or possessing glue, paint, gasoline, aerosol, gases, etc., for unlawful purposes."
Prohibited Conduct
— No person shall, for the purpose of causing intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from listed substances.
— Selling, furnishing, or giving away such substances with knowledge or reason to believe they will be used for inhalation purposes is also prohibited.
Listed Substances (N₂O Explicitly Named)
— Glue, cement, paint, gasoline, aerosol, or any substance containing: acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluene, or polyhalogenated hydrocarbons containing fluorine and chlorine.
Statutory Exceptions
— Inhalation of anesthesia for medical or dental purposes.
— Use of nitrous oxide to implement the distribution of beverages or other foodstuffs for commercial purposes.
Penalty Structure
| OFFENSE |
CLASSIFICATION |
MAX JAIL |
MAX FINE |
| Intentional inhalation of listed substances for intoxication |
Class A misdemeanor |
11 months, 29 days |
$2,500 |
| Selling/furnishing/giving listed substances for inhalation |
Class A misdemeanor |
11 months, 29 days |
$2,500 |
Checklist
| PROVISION | STATUS |
|---|
| Age threshold | NONE — applies to all persons regardless of age |
| Retail ban scope | PARTIAL — sale for inhalation purposes is unlawful; legitimate commercial sale is exempt |
| Online sales provisions | NOT ADDRESSED |
| Flavored product ban | NOT ADDRESSED |
| Enforcement agency | Local law enforcement / TN Alcoholic Beverage Commission (licensed premises) |
| Effective date | Long-standing statute; part of TCA Title 39 criminal code |
Note: The user-suggested §39-17-451 et seq. does not appear to correspond to an inhalant-specific provision. The relevant statute is §39-17-422. Confirmed via Justia, FindLaw, and LawServer cross-references.
6. TENNESSEE — PENDING LEGISLATION (114th GA, 2025-2026)
Tennessee has two pairs of companion bills pending in the 114th General Assembly (2025-2026 session),
each approaching N₂O regulation from a different angle.
Bill Pair A: HB 1539 / SB 2113 — Criminal Offense Creation
Status: HB 1539 assigned to Criminal Justice Subcommittee (1/15/2026). SB 2113 referred to Senate Judiciary Committee (2/5/2026).
| FIELD | HOUSE | SENATE |
|---|
| Bill Number |
HB 1539 |
SB 2113 |
| Title |
Criminal Offenses — As introduced, creates an offense to knowingly inhale, ingest, use, or possess any compound, liquid, gas, or chemical that contains nitrous oxide. |
| Amends |
TCA Title 39; Title 57, Ch. 7; Title 63; and Title 67, Ch. 4, Part 10 |
| Committee |
Criminal Justice Subcommittee |
Senate Judiciary Committee |
Key Provisions
— Creates a standalone criminal offense for knowingly inhaling, ingesting, using, or possessing any compound containing nitrous oxide.
— Amends multiple titles of TCA to create a comprehensive N₂O-specific criminal framework beyond the existing inhalant statute.
Bill Pair B: HB 1644 / SB 1843 — Nitrous Oxide Abuse Prevention and Retail Sale Prohibition Act
Status: Introduced in 2026 session. Reports indicate SB 1843 has advanced through committee consideration. Proposed effective date: July 1, 2026.
| FIELD | DETAIL |
|---|
| Bill Numbers |
HB 1644 (House) / SB 1843 (Senate) |
| Short Title |
Nitrous Oxide Abuse Prevention and Retail Sale Prohibition Act |
| Sponsor |
Rep. Vincent Dixie (D-Nashville, District 54) |
| Proposed Effective Date |
July 1, 2026 |
Key Provisions
— Retail ban: Prohibits the retail sale of nitrous oxide by vape shop retailers, distributors, wholesalers, importers, and manufacturers.
— Medical exemption: N₂O may still be sold for medical purposes.
— Civil penalties (escalating):
| VIOLATION | PENALTY |
|---|
| First violation (retailer) | Up to $500 per individual product offered for sale |
| Subsequent violations (retailer) | Higher fines + potential license suspension or revocation |
| Manufacturer knowingly distributing banned products | Up to $10,000 per product |
Combined Checklist for TN Pending Bills
| PROVISION | HB 1539 / SB 2113 | HB 1644 / SB 1843 |
|---|
| Age threshold | NOT SPECIFIED | NOT SPECIFIED |
| Retail ban scope | Criminal offense for use/possession | YES — vape shops/retailers banned from selling |
| Online sales provisions | NOT ADDRESSED | NOT ADDRESSED |
| Flavored product ban | NOT ADDRESSED | NOT ADDRESSED |
| Enforcement | Criminal law enforcement | Civil penalties; license actions via TN ABC |
7. TENNESSEE — RELATED CONTEXT
June 2025 — Death of Kelly Rosenthal (Nashville), age 31.
Found deceased surrounded by N₂O canisters. Autopsy pending at time of news reports.
Had 36 blood clots throughout her body and brain. Prompted HB 1644/SB 1843.
WSMV4 Undercover Investigation (May 2025)
— WSMV4 Nashville conducted an undercover investigation in May 2025 exposing the legal sale of N₂O at Nashville vape shops.
— Reporters purchased large and small N₂O canisters at vape shops. While packaging stated the product was for making whipped cream and should not be inhaled, it was sold at establishments that sell inhalation products.
— Kelly Rosenthal participated in the investigation, sharing her story of N₂O addiction. She died approximately four months later in June 2025.
WSMV4 Follow-Up: Amazon Sales (September 2025)
— WSMV4 published a follow-up investigation in September 2025 examining N₂O canister reviews on Amazon, where users described the "best high ever" in product reviews.
Legislative Response
— Rep. Vincent Dixie (D-Nashville) introduced legislation after the WSMV4 investigation and Rosenthal's death.
— WKRN quoted a researcher calling N₂O abuse "a silent epidemic" and warning of serious neurological damage, cognitive impairment, and long-term spinal cord injury.
— Tennessee Disability Coalition advocacy group has listed HB 1644/SB 1843 among its 2026 member legislation priorities.
8. SOURCE ARCHIVE
All sources referenced in this briefing are listed below with access dates. Primary sources
(state legislature websites, official statute databases) are prioritized. News sources are
used for context sections only.
Primary Statute Sources
[S1] FL House — 2025 Statutes §877.111 —
flhouse.gov — Accessed 2026-02-24
[S2] FL Senate — 2024 Statutes §877.111 —
flsenate.gov — Accessed 2026-02-24
[S3] FL Legislature — 2025 Statutes §877.111 —
leg.state.fl.us — Accessed 2026-02-24
[S9] Justia — TCA §39-17-422 (2024) —
justia.com — Accessed 2026-02-24
[S10] FindLaw — TCA §39-17-422 —
findlaw.com — Accessed 2026-02-24
[S11] LawServer — TCA §39-17-422 —
lawserver.com — Accessed 2026-02-24
Primary Legislative Sources (Pending Bills)
[S4] FL Senate — SB 432 (2026) —
flsenate.gov — Accessed 2026-03-05
[S5] FL Senate — SB 432 Full Text (PDF) —
flsenate.gov — Accessed 2026-03-05
[S6] FL Senate — SB 432 Full Text (HTML) —
flsenate.gov — Accessed 2026-03-05
[S12] TrackBill — TN HB 1539 —
trackbill.com — Accessed 2026-02-24
[S13] LegiScan — TN SB 2113 —
legiscan.com — Accessed 2026-02-24
News and Context Sources
[N1] FL Governor's Office press release —
flgov.com[N10] WSMV4 (death follow-up) —
wsmv.com
RESEARCH METHODOLOGY: This briefing was compiled on 2026-02-24 using primary sources from
state legislature websites (flhouse.gov, flsenate.gov, capitol.tn.gov, leg.state.fl.us), legal databases
(Justia, FindLaw, LawServer), legislative tracking services (LegiScan, TrackBill, FastDemocracy),
official government press releases (flgov.com), and verified news sources. All statute text was
cross-referenced across multiple databases. Pending bill statuses reflect the most recent publicly
available information as of the research date.
GAPS AND CAVEATS:
— Full bill text for TN HB 1644/SB 1843 was not directly accessible via web search; provisions are based on news reporting and bill summary services.
— The exact original enactment date of TCA §39-17-422 could not be determined from available sources.
— Neither FL nor TN pending bills appear to address online sales or flavored N₂O products explicitly, representing significant regulatory gaps.
— FL SB 432 passed the full Senate 37-0 on 3/4/2026. Now in House; added to Special Order Calendar for 3/9/2026. HB 309 was previously listed as a companion but is a xylazine bill, not N2O.
— The sponsor of TN SB 2113 (Senate companion to HB 1539) was not confirmed from available sources.