OKLAHOMA CITY – A new law that clamps down on the use of nitrous oxide passed the Legislature this year and was recently signed by Gov. Kevin Stitt.
The law could help prevent the misuse of the chemical also known as laughing gas. Written by state Rep.
Danny Sterling, R-Tecumseh, House Bill 1933, the Maddix Bias Act, makes it a misdemeanor to possess, buy, sell or transfer nitrous oxide for the purpose of intoxication. Violators could face up to 90 days in jail, a fine of up to $5,000, or both. He said the law was named after Maddix Bias, a 2023 Tecumseh High School graduate and baseball player who died in a car crash caused by his boss, who was under the influence of nitrous oxide.
Sterling said the nitrous oxide issue is deeply personal to him, as he served as a school administrator for Maddix’s mother.
“When the family came to me in October 2024, they wanted to know what we as a Legislature could do to help prevent another tragedy like this from happening,” Sterling said in a media statement about the bill. “From that moment on, I knew we needed to take this issue seriously and work toward meaningful change to protect Oklahoma families.”
Sold with names like “Whip Trip” and “Galaxy Gas,” pure nitrous oxide is available in 2-liter bottles and is often used as a recreational high. The chemical is also used as a food-grade gas for making whipped cream, foams and mousses.
The new law will increase penalties for possession of larger quantities of the chemical and for those who sell or provide nitrous oxide to minors. Penalties include potential jail time, steeper fines and suspension of business licenses.
The state law aligns with national efforts like House Resolution 7945, the Nitrous Oxide Safety Act of 2026, which aims to curb the sale and misuse of nitrous oxide consumer products while preserving its legitimate applications.
Along with praise from those whose have suffered, law enforcement and city leaders said the measure was needed.
“Elgin, like many other communities across Oklahoma, has seen this as a problem for far too long. We have seen these sold as “cake decorating supplies” but when the only baking supplies they sell is something that is harming our youth, many of us began asking, ‘when is enough, enough,’” said Elgin Mayor JJ Francais. “I applaud all who were involved in passing this law. We hope our c-stores will take action and remove the items from their shelves.”
Although nitrous oxide is not a federally controlled substance, many individual states, including Oklahoma and Michigan, have enacted or are considering expanded legislation to regulate nitrous oxide possession, sale, and distribution.
Between 2019 and 2023, the Centers for Disease Control and Prevention reported 144 poison center cases, 132 emergency room visits, and 192 EMS responses involving nitrous oxide were identified in Michigan.
M. Scott Carter is an awardwinning political and investigative reporter with more than 40 years’ experience covering federal and state government and politics in Oklahoma. He can be reached at scott.carter@swoknews.com.