Templated from amended South Carolina S.751 (Committee Report May 6, 2026) for cross-state replication. Other-state advocates, legislators, and staffers can adapt this language to their jurisdiction. Historical S.751 versions preserved below.
DRAFTING STARTING POINT, NOT LEGAL ADVICE. State-specific counsel is required before introduction. No representation is made that this language will pass review in any particular jurisdiction. Each state's regulatory framework differs — this template captures S.751's structural choices, not its full statutory context.
BILL STATUS: S.751 introduced January 13, 2026. Passed Senate 42-0 on March 4, 2026. Reported favorable with amendment from House Judiciary Committee on May 6, 2026. Floor vote pending. Track S.751 at scstatehouse.gov →
Replace each placeholder with the equivalent for your jurisdiction. The bracketed-uppercase convention is intentional — placeholders stand out from ordinary statutory punctuation and survive both manual edit and find-and-replace.
Placeholder
Meaning
Example
[STATE]
Your state name
Virginia, Tennessee, Florida
[STATE_CODE_TITLE_AND_CHAPTER]
Your state code's title and chapter where this article will live
Title 18.2, Chapter 7 (VA)
[STATE_ARTICLE_NUMBER]
Article number, or "Subchapter" / "Part" depending on your code's structure
Article 25, Subchapter K
[STATE_CODE_SECTION]
Section-number prefix for the new article
18.2-371 (VA), 39:9-A (NJ)
[STATE_PUBLIC_HEALTH_AGENCY]
Your state's public-health agency, full name
Virginia Department of Health
[STATE_LAW_ENFORCEMENT_AGENCY]
Your state's law-enforcement division
Virginia State Police
[STATE_TOBACCO_RETAIL_DEFINITION_CITATION]
Your state's existing statutory definition of "tobacco retail establishment"
Va. Code § 18.2-371.2
[GOVERNOR_OR_HEAD_OF_STATE_EXECUTIVE]
"Governor" in most states
Governor
[AGE_THRESHOLD]
Age of majority for nitrous oxide sale
18, or 21 if aligning to T21
MODEL BILL TEXT
Templated from S.751 amended (May 6, 2026). The four amber callouts that follow flag adaptation points where bad replication has the highest downstream consequences. Read them.
A BILL
TO AMEND THE [STATE] CODE OF LAWS BY ADDING SECTION [STATE_CODE_SECTION].2510 SO AS TO DEFINE TERMS TO INCLUDE NITROUS OXIDE AND NITROUS OXIDE PRODUCTS; BY ADDING SECTION [STATE_CODE_SECTION].2520 SO AS TO CREATE THE OFFENSE OF SELLING OR PROVIDING NITROUS OXIDE TO MINORS, AND TO PROVIDE PENALTIES, AND TO CREATE A CIVIL PENALTY FOR A MINOR THAT MISREPRESENTS HIS AGE TO ATTEMPT TO OR TO PURCHASE NITROUS OXIDE; BY ADDING SECTION [STATE_CODE_SECTION].2530 SO AS TO PROVIDE PURCHASER VERIFICATION AND RECORDKEEPING REQUIREMENTS; BY ADDING SECTION [STATE_CODE_SECTION].2540 SO AS TO ESTABLISH PENALTIES.
Be it enacted by the General Assembly of the State of [STATE]:
SECTION 1. [STATE_CODE_TITLE_AND_CHAPTER] of the [STATE] Code is amended by adding:
Article [STATE_ARTICLE_NUMBER]
Nitrous Oxide
Section [STATE_CODE_SECTION].2510. As used in this article:
(1) "Department" means the [STATE_PUBLIC_HEALTH_AGENCY].
(2) "Division" means the [STATE_LAW_ENFORCEMENT_AGENCY].
(3) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.
(4) "Nitrous oxide" means dinitrogen monoxide (N2O) and any compound, liquid, gas, or chemical that contains nitrous oxide whether compressed, liquified, or contained in a cartridge, cylinder, tank, canister, or other vessel.
(5) "Nitrous oxide products" means a cartridge, cylinder, tank, or other container that contain nitrous oxide.
(6) "Characterizing flavor" means a distinguishable taste or aroma described by reference to a fruit, candy, dessert, beverage, mint, menthol, or any other flavor or aroma.
(7) "Flavored nitrous oxide product" means a nitrous oxide product that is labeled, advertised, marketed, or sold by reference to a characterizing flavor.
(8) "Exempt entity" means:
(a) a physician, dentist, veterinarian, hospital, clinic, or other licensed medical healthcare facility acting within the lawful scope of practice;
(b) a licensed commercial food and beverage business that holds a valid [STATE] retail food establishment permit or food service permit and uses nitrous oxide solely for legitimate culinary or beverage preparation in the ordinary course of business;
(c) an automotive business operating with a business license and with an authorized dealer or distributor agreement and having the primary purpose of providing automotive supplies and services and using nitrous oxide solely for a lawful automotive performance, testing, or competition purpose;
(d) an industrial or manufacturing business operating with a business license using nitrous oxide solely for lawful industrial or manufacturing purposes;
(e) an institute of higher education, laboratory, or research facility using nitrous oxide solely for scientific research or instruction; or
(f) a governmental entity or emergency services agency acting within the scope of official duties.
(9) "Sell" or "sale" means to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell, furnish, give, distribute, provide, deliver, or offer for sale.
ADAPT NOTE 1 · EXEMPTION DOCUMENTATION
The exemption framework is enforceable only if the documentation requirements are state-specific.
The categorical exemptions above (medical, food, automotive, industrial, research, government) generalize cleanly across states. The documentation requirements (specific permit names) do not.
For your state:
Identify your state's equivalent commercial licenses — retail food establishment permit, food service permit, automotive dealer agreement, industrial business license. Naming and issuing agencies differ.
Don't strip the documentation; rename it. Without an explicit, citable license category for each exemption, the framework is unenforceable.
Verify your state has equivalents. If your state lacks a "retail food establishment permit" structure, substitute the closest analogue (e.g., a county-level health permit) and consult counsel on whether that meets the documentation bar.
Without state-specific documentation, this section becomes aspirational. Don't import it as-is.
Section [STATE_CODE_SECTION].2520.
(A) Except as provided in subsection (E), it is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products in this State.
(B) Except as provided in subsection (E), it is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.
(C) A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.
(D)(1) It is unlawful for any person to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell a flavored nitrous oxide product in this State.
(2) A person engaged in the sale of nitrous oxide or nitrous oxide products made through the internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is [AGE_THRESHOLD] years of age or older, and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least [AGE_THRESHOLD] years of age purchasing for an exempted use before nitrous oxide or a nitrous oxide product will be released to the purchaser, unless the internet or other remote sales methods employ the following protections to ensure age verification:
(a) the customer creates an online profile or account with personal information including, but not limited to, name, address, social security information, and a valid phone number, and that personal information is verified through publicly available records; or
(b) the customer is required to upload a copy of his government-issued identification in addition to a current photograph of the customer; and
(c) delivery is made to the customer's name and address.
(E) Subsections (A) and (B) do not apply to the sale, distribution, or transfer of nitrous oxide or nitrous oxide products to an exempt entity or to an individual for the exempt entity's or individual's lawful purpose, provided the seller complies with Section [STATE_CODE_SECTION].2530. An individual who is over the age of [AGE_THRESHOLD] may have the following lawful purpose:
(1) for personal mechanical repair of automotive or recreational vehicles, provided the product was purchased from a licensed automotive business;
(2) for home culinary use, limited to nonrefillable cartridges of not more than 8 grams per cartridge; or
(3) for medical use, as prescribed by a medical doctor.
(F) Each unlawful sale, delivery, distribution, or transfer constitutes a separate offense.
(G)(1) A retailer must not sell to an individual purchasing for an excepted personal use more than a case per day. A case contains a maximum of twenty-four individual cartridges that contain 8 grams of nitrous oxide.
(2) An automotive business operating with a business license and with an authorized dealer or distributor agreement may only sell containers of nitrous oxide when mixed with not less than one hundred parts per million of sulfur dioxide as a fuel additive for combustion engines to exempt individuals as described in subsection (E). Retailers may only sell to exempt entities either by delivery to a business address or by invoice to an exempted entity.
(3) A tobacco retail establishment with the primary purpose of selling tobacco products, as defined in [STATE_TOBACCO_RETAIL_DEFINITION_CITATION], is prohibited from selling nitrous oxide or nitrous oxide products.
ADAPT NOTE 2 · AGE THRESHOLD
S.751 sets [AGE_THRESHOLD] at 18. Consider whether your state should align to 21 (T21).
The Federal Tobacco 21 Act (T21) sets the federal floor for tobacco at 21. Many states have aligned other commercial age thresholds with T21 for retail-system consistency.
Considerations for your state:
21 is more restrictive and easier to enforce. Same retail systems, same training, same enforcement workflow as your existing tobacco/vape minimum.
Kershaw County, SC enacted a local 21-year ordinance for nitrous oxide that is more restrictive than the proposed S.751 floor. Local jurisdictions in your state may do the same.
If you set 21: align the entire bill to that threshold consistently — definitions, civil penalties, criminal penalties, and remote-sale verification all reference the same age.
If you set 18: justify the lower threshold relative to your state's tobacco norm. The retail industry will ask why nitrous oxide is treated differently.
The threshold is the single most-discussed provision in committee. Choose it deliberately.
Section [STATE_CODE_SECTION].2530.
(A) A person who sells or distributes nitrous oxide or nitrous oxide products pursuant to Section [STATE_CODE_SECTION].2520(E) shall take reasonable steps to verify that the purchaser is an exempt entity or is using nitrous oxide or nitrous oxide products for an exempt purpose.
(B) At a minimum, reasonable steps include obtaining and retaining:
(1) the purchaser's business name and business address or personal name and address;
(2) a copy of, or the identifying number for, the purchaser's applicable license, permit, or registration demonstrating exempt entity status, or an electronic copy of the person's driver's license or other government-issued identification; and
(3) an invoice or receipt documenting the date of sale or transfer and the quantity and form of nitrous oxide or nitrous oxide products sold or transferred.
(C)(1) Records required by this section must be retained for not less than two years and must be made available for inspection by the department, division, or local law enforcement during normal business hours upon reasonable request.
(2) The division may inspect premises during normal business hours for enforcement of this article.
(D) The department may promulgate regulations in consultation with the division to administer and enforce the provisions of this article, including purchaser verification standards and recordkeeping requirements. Nothing in this article confers enforcement authority upon the department, and suspected violations shall be referred to appropriate law enforcement.
ADAPT NOTE 3 · ENFORCEMENT AGENCY ARCHITECTURE
S.751 separates regulatory rule-making from enforcement. This is structurally distinctive.
The bill assigns two roles:
"Department" = state public-health agency. Promulgates regulations, defines documentation standards, in consultation with the enforcement division.
"Division" = state law-enforcement agency. Inspects premises and refers violations.
The May 6 House Judiciary amendment added explicit language: "Nothing in this article confers enforcement authority upon the department, and suspected violations shall be referred to appropriate law enforcement." This separation prevents the regulatory agency from acting as a de facto police force, and ensures violations are processed through criminal-justice channels rather than administrative ones.
For your state:
Identify your equivalent agencies. Most states have analogous structures: Department of Health + State Police / State Bureau of Investigation.
If your state has a single combined agency for regulation and enforcement, decide whether to consolidate (simpler) or import the dual-agency separation (cleaner). Importing may face institutional resistance.
Verify your state's administrative-procedure act permits the regulatory agency to consult with law enforcement on rule-making.
Wrong agency in the bill = unenforceable law. Don't guess; verify.
Section [STATE_CODE_SECTION].2540.
(A) A person who knowingly violates Section [STATE_CODE_SECTION].2520 is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not more than one thousand dollars or imprisoned for a term not to exceed six months, or both;
(2) for a second offense, must be fined not more than five thousand dollars or imprisoned for a term not to exceed one year, or both; and
(3) for a third or subsequent offense, must be fined not more than ten thousand dollars or imprisoned for a term not to exceed three years, or both.
(B) In addition to criminal penalties, a business entity convicted of a violation of this article is subject to administrative action by the state or local authority that issued the business license, permit, or registration, including suspension or revocation, consistent with law.
SECTION 2. This act takes effect upon approval by the [GOVERNOR_OR_HEAD_OF_STATE_EXECUTIVE].
ADAPT NOTE 4 · PENALTY PROPORTIONALITY
$1K/6mo → $5K/1yr → $10K/3yr is S.751's escalation. Match your state's existing tier.
Considerations:
Penalty proportionality must align with your state's existing controlled-substance and commercial-regulation tiers. S.751's $10,000 fine and 3-year imprisonment at third offense is third-degree-felony territory in some states.
State practice varies widely. Florida and Georgia treat repeat sale-to-minor offenses as felonies directly. Connecticut caps first-offense at $100. Match your state's existing alcohol or tobacco sale-to-minor schedule for consistency.
Out-of-line penalties face equal-protection challenges. A bill that punishes nitrous oxide sale more harshly than alcohol sale to minors will draw constitutional scrutiny in your state's courts.
Civil penalties for retailer display violations (separate from criminal sale penalties) provide an enforcement layer that works against repeat-offender retailers. Verify your state's administrative-penalty system can accommodate.
Penalty schedules that don't fit the state's existing tier structure get litigated. Pre-empt that.
SOURCE
Templated from S.751 as reported favorable with amendment from the South Carolina House Judiciary Committee on May 6, 2026 (House Journal page 17). The full amended text is preserved in NLM's archive and is publicly available at scstatehouse.gov/sess126_2025-2026/prever/751_20260506.htm.
Three structural amendments in the May 6 House Judiciary report: (1) "exempt entity" expanded to include "other licensed medical healthcare facility"; (2) recordkeeping retention period explicitly set at not less than two years; (3) departmental authority language revised to require regulatory consultation with the law-enforcement division and to disclaim enforcement authority on the public-health department. The third change is the structural separation that distinguishes S.751.
HISTORICAL VERSIONS
Earlier S.751 versions are preserved here. They are not the model; they are the bill's evolution.
Original Bill (Introduced January 13, 2026)
The original bill established the foundational framework. Penalties were limited to $100 fine or 30 days imprisonment. Retained as a starting template for states beginning the legislative process.
SECTION 1. Chapter 53, Title 44 of the S.C. Code is amended by adding:
Article 25
Nitrous Oxide
Section 44-53-2510. As used in this article:
(1) "Department" means the South Carolina Department of Public Health.
(2) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.
(3) "Nitrous oxide" means any compound, liquid, gas, or chemical that contains nitrous oxide.
(4) "Nitrous oxide products" include products and accessories used to inhale nitrous oxide, including but not limited to canisters.
Section 44-53-2520.
(A) It is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products to a minor under the age of eighteen years.
(B) An individual who knowingly violates (A) is guilty of a misdemeanor and, upon conviction, shall be fined one hundred dollars or imprisoned for a term not to exceed thirty days, or both. Failure to demand identification to verify an individual's age is not a defense.
(C) A minor who knowingly misrepresents his age to purchase or attempt to purchase a nitrous oxide product commits a noncriminal offense and is subject to a civil fine within the court's discretion.
(D) The Department may promulgate regulations to administer and enforce the provisions of this section.
Section 44-53-2530. It is unlawful for a retailer to display or store nitrous oxide products in a retail location in a manner that would allow the product to be accessed by an individual under the age of eighteen.
Section 44-53-2540.
(A) Exemptions for commercial use under this article apply to:
(1) medical or dental applications;
(2) food preparation; or
(3) manufacturing, including but not limited to automotive purposes.
SECTION 2. This act takes effect on January 1, 2027.
Senate-amended version: introduced flavor prohibition, online sales age-verification protocols, exemption documentation requirements (food permit, dealer agreement), escalating criminal penalties to $1,000/6mo, $5,000/1yr, $10,000/3yr, and assigned regulatory authority to the Department of Public Health with enforcement to the State Law Enforcement Division.
Full bill text archived at scstatehouse.gov 02/18/2026 version.
House Judiciary-Amended Bill (May 6, 2026) · CURRENT
Most recent version. House Judiciary Committee adopted three amendments: (1) "exempt entity" expanded to include "other licensed medical healthcare facility"; (2) recordkeeping retention not less than two years; (3) regulatory authority requires consultation with law enforcement and explicitly disclaims enforcement authority on the public-health department. Reported favorable with amendment by Rep. W. Newton for Committee. Bill is now ready for House floor consideration.
The full amended bill text is the source for the model legislation above. To read it in original SC-specific form (without placeholders), see the canonical archive at scstatehouse.gov.
LICENSE
This model template (NLM’s placeholder system, adaptation notes, and structural choices) is licensed under the Creative Commons Attribution 4.0 International License (CC BY 4.0). You may freely reuse, adapt, and redistribute — including for legislation drafted in your state — with attribution.
Suggested attribution: “Adapted from No Laughing Matter (nolaughingmatter.net), CC BY 4.0; underlying statutory text from South Carolina S.751 (public domain).” The S.751 statutory text itself is a state legislative work and is in the public domain; CC BY 4.0 covers NLM’s contribution (templating, placeholder system, adaptation guidance).