Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Alcohol and Tobacco Commission on Monday sent a notice to 8,200 tobacco retailers warning of the consequences of selling nitrous oxide, a drug that has recently grown in popularity among teens.
The substance, commonly referred to as “whippets” or “laughing gas,” is legally used in culinary products and dental offices. Recently, it’s gained notoriety as a street drug: In the past year, Indiana excise police have cited 18 shops and have confiscated more than 15,000 canisters.
It’s illegal in Indiana to knowingly distribute nitrous oxide as a drug, except for medical purposes. Although it does have a legal usage—to give whipped cream its fluffy texture—it is often sold in these stores without accompanying culinary items like a whipping siphon, according to the commission. Instead, the gas is often sold with a balloon so users can directly inhale it.
When inhaled, the gas can cause side effects including dizziness, disorientation, dissociation, blurred vision and loss of balance. In large amounts, it can cause decreased oxygen levels, low blood pressure, heart attack and in some cases death.
Jessica Allen, chair of the Indiana ATC, told IBJ that excise police can administratively cite businesses for selling the gas for the purposes of getting high. As punishment for that violation—depending on severity, past violations and corrective actions—the commission can fine, suspend or revoke the tobacco license of offending retailers. In cases where police find that the clerk is giving instructions to customers on how to inhale the gas, charges can be filed with the county prosecutor.
Allen said excise police started receiving more complaints related to nitrous oxide at the beginning of 2024. Although sometimes sold alongside age-restricted materials like tobacco, there is no age restriction on purchase of nitrous oxide. Allen said that many of the complaints ATC has received are from parents of teens who have used the product as a drug.
In some cases, according to a Monday news release from the Indiana ATC, excise police have found sellers instructing customers—some of whom are minors—how to get high using the tanks. Excise police have also found that some of these products are sold in different flavors, including blue raspberry, cotton candy and watermelon.
Smoke shops cited so far for selling the gas often kept it behind the counter and only offered it for sale when customers asked, Allen said.
Under federal law, possession of nitrous oxide is legal. However, the U.S. Food and Drug Administration regulates nitrous oxide under the Food, Drug, and Cosmetics Act. Prosecution is possible for selling or distributing nitrous oxide for the purpose of human consumption.
Allen said the ATC isn’t certain that nitrous oxide has become more popular in use, but it has become more accessible. The gas is widely available from online retailers. A search for “whippets” yields more than 500 results on Amazon. Walmart also lists the products online, including a brand called Galaxy Gas. New York Magazine reported earlier this month that Galaxy Gas’ candy-flavored, three-liter tanks are fueling the trend.
After the canisters are confiscated, the ATC faces the difficult and expensive challenge of destroying them. Allen estimates that cost could amount to $1 million by 2026 if the trend continues.
Indiana isn’t the only state trying to limit recreational use of the gas.
Louisiana became the first state to ban the retail sale of the substance last summer. At the same time, Michigan lawmakers passed a law banning the sale of any device specifically designed for inhaling the gas for recreational purposes, with stiffer penalties for selling paraphernalia to minors.
Please enable JavaScript to view this content.