LANSING, Mich. (Michigan News Source) – Those seeking nitrous oxide, commonly referred to as “laughing gas” will not be able to obtain canisters in Michigan after new legislation was signed into law. 

How is the gas obtained?

The gas is commonly inhaled through canisters, found in whipped cream cans, and can cause euphoria and mild hallucinations. 

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Under legislation signed by Governor Gretchen Whitmer last week, the bills would forbid shops from selling the nitrous oxide canister. 

“A person shall not sell or offer for sale an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia, knowing that the object specifically designed for inhaling nitrous oxide for recreational purposes will be used to inhale nitrous oxide for recreational purposes or that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance,” according to Public Act 18 of 2024. 

There’s a new warning.

It also contains a warning to those in violation that an arrest for possession would not happen immediately, but would receive notice from the Attorney General Dana Nessel. 

“Before a person is arrested for a violation of subsection (1), the attorney general or a prosecuting attorney shall notify the person in writing, not less than 2 business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the attorney general or prosecuting attorney to be an object specifically designed for inhaling nitrous oxide for recreational purposes or drug paraphernalia,” the PA said. “The notice also must request that the person refrain from selling or offering for sale the material and must state that if the person complies with the notice, no arrest will be made for a violation of subsection (1).” 

PA 18 was formerly Senate Bill 57, sponsored by Sen. Stephanie Chang (D-Detroit). 

Senate Bill 58, sponsored by Michigan State Senator Joseph Bellino (R-Monroe), adds several penalties including a “misdemeanor, imprisonment for up to 90 days and a fine of up to $5,000. Penalties for adults who violate the act by selling to a minor increase to up to one year in jail, a fine of up to $7,500, or both.”

Senate republicans praise the passage.

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Sen. Bellino shared how the gas can be used in professional settings but specified what the legislation is targeting. 

“Although this gas is used in some food preparation and medical services, people are also using the charging canisters for the sole purpose of getting high,” said Sen. Bellino in a statement. “These new laws will address the problem by targeting those who are selling these canisters without selling whipping cream or dispensers for a legitimate use — stopping easy access by those who use this gas like a drug.”

While whipping cream dispensers contain some of the nitrous oxide in a small metal container called a charger, some abuse the chargers which can be bought online and converted for recreational drug use. Individuals can create a device combined with a “cracker” wherein the canister can be controlled to release the gas through a balloon. 

“This will help prevent nitrous oxide abuse — and it represents the type of positive, bipartisan change we can achieve by working together to protect our kids,” Sen. Bellino said in a statement.