Nassau seeks to restrict sale of nitrous oxide, key chemical used in 'whip-its'

Nassau lawmakers are moving to restrict the sale of small cartridges filled with nitrous oxide, known as “whip-its" or "laughing gas," a chemical compound commonly found in whipped cream canisters used by millions of Americans each year to get high.

The county legislature’s Republican majority introduced a bill restricting the sale of the cartridges to licensed food businesses. Lawmakers are expected to vote on the bill on Monday.

Under the proposed legislation, nitrous oxide cartridge retailers must verify a retailer's food license before completing the sale. Selling to an unlicensed business would be a misdemeanor crime punishable with a fine of $1,000, 1 year in jail or both. Those found selling to a minor would face a $1,500 fine, 1 year in jail or both. Repeat offenders would be fined $2,500 for each additional violation.

If passed, Nassau’s bill would complement New York State law, which in 2021 made it illegal to sell the products to people under 21. In 2023, lawmakers in the United Kingdom made it illegal to even possess nitrous oxide, punishing sellers with up to 14 years in prison.

Inhaling from the canisters — legally sold at convenience stores, vape shops, gas stations and online — can cause depression, anxiety, B12 deficiency, paralysis and disabling neurological damage, according to medical research. Abusing nitrous oxide temporarily displaces oxygen in the lungs, causing users to faint.

Chronic users of the popular party drug reported their limbs suddenly going numb, even losing the ability to walk.

Lining the shelves of corner stores and widely sold on sites like Amazon, the canisters are marketed to young customers with bright colors and elaborate designs. They have names like Galaxy Gas, Whip-it! and Miami Magic, infused with flavors like watermelon lemonade, tropical punch and strawberry cream.

The Federal Drug Administration issued a warning last year against misusing the products.

In its safer forms, nitrous oxide is used as a sedative during medical procedures. It’s also used in restaurants as an agent to make whipped cream, mousses and foams for food and cocktails.

"This isn’t about punishing responsible restaurant owners or suppliers," Howard Kopel, the legislature’s presiding officer, wrote in a statement. "It’s about making sure these products are used the way they’re intended — in kitchens, not in ways that put people at risk. We have a responsibility to step in before more young people get hurt."

As of 2022, nearly 14 million Americans over the age of 12 reported using nitrous oxide, according to the Substance Abuse and Mental Health Services Administration. Between 2010 and 2023, more than 1,200 people died from nitrous oxide poisoning.

The trend became so popular among children and young people that TikTok banned the phrase "nitrous oxide" and related search terms, instead redirecting users to a page on substance abuse support.

"These products serve a legitimate purpose in the food industry," Rose Walker, chair of the legislature’s Health and Social Services Committee, wrote in a statement. "Unfortunately, they can also be misused and are being sold by non-culinary establishments for this purpose. This legislation will put reasonable restrictions in place to protect our children and our community from a serious and deadly form of substance abuse."