Wed. Jan 29th, 2025

Here is an example of confiscated canisters of nitrous oxide. (Photo from the Indiana Alcohol & Tobacco Commission)

The Indiana Alcohol and Tobacco Commission (ATC) today warned 8,200 tobacco sellers throughout Indiana about the illegal sale of nitrous oxide for recreational purposes.

“It is illegal in Indiana to sell nitrous oxide for the purposes of intoxication, and Indiana State Excise Police have discovered an alarming trend of this activity among certain gas stations, convenience stores, smoke shops, and tobacco/vaping businesses throughout the state,” said Jessica Allen, ATC executive director.

A person who knowingly or intentionally uses or distributes nitrous oxide with the intent to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses of another person commits a Class B misdemeanor.

The ATC reported that 18 Indiana tobacco certificate holders have recently been cited for this illegal activity and some of their employees have been referred for criminal prosecution.

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“We’re seeing some sellers hiding the nitrous oxide tanks and only offering them for sale upon request and selling nitrous oxide tanks with no additional culinary items such as whipping cream,” warns Superintendent Matt Strittmatter of the Indiana State Excise Police.

Strittmatter said some of these sellers are also giving customers, including minors, instructions on how to use a tank for the purposes of intoxication. Excise also found some of the nitrous oxide products even appear to contain certain flavors such as blue raspberry, cotton candy, and watermelon.

While commonly used in clinical settings as a sedative or anesthetic, nitrous oxide is also used to make whipped cream. This makes the substance readily accessible to use it recreationally to get high or intoxicated, the ATC news release said.

When inhaled for recreational purposes, the compound can cause side effects such as blurred vision, dizziness, dissociation, disorientation, loss of balance, impaired memory and cognition, numbness, and weakness in the legs. In large amounts, nitrous oxide can cause a lack of oxygen amongst users which may lead to loss of blood pressure, fainting, heart attack, and even death.

“Not only are these products risky to store and when used to become intoxicated, but they are also extremely costly to dispose of,” said Allen.

Allen estimates that cost of disposal could amount to $1 million by 2026 if the trend continues.

The ATC encourages the public to submit anonymous tips or complaints about this matter to Indiana State Excise Police or their local law enforcement agency.

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