§ 76-10-107.5. Abuse of nitrous oxide -- Penalty.

(1) As used in this section, "nitrous oxide" means:

(a) N2O, a colorless gas or liquid that is also referred to as dinitrogen monoxide, nitrogen oxide, or laughing gas; and

(b) any substance containing nitrous oxide.

(2) A person is guilty of abuse of nitrous oxide who:

(a) possesses nitrous oxide with the intent to breathe, inhale, or ingest it for the purpose of:

(i) causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses;

(ii) in any manner changing, distorting, or disturbing the audio, visual, or mental processes;

(b) knowingly and intentionally is under the influence of nitrous oxide; or

(c) offers, sells, or provides nitrous oxide to another person, knowing that other person or a third party intends to possess or use the nitrous oxide in violation of Subsection (2)(a) or (b).

(3) Subsection (2)(b) does not apply to any person who is under the influence of nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person holding a license under state law that authorizes the administration of nitrous oxide.

(4) Subsection (2)(c) does not apply to any person who administers nitrous oxide for the purpose of medical, surgical, or dental care and who holds a license under state law that authorizes the administration of nitrous oxide.

(5) A violation of this section is a class A misdemeanor.

Enacted by Chapter 23, 2002 General Session