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Last week, Alabama Governor Kay Ivey signed SB78 into law. The bill, introduced by Sen. April Weaver, R-District 14, criminalizes the recreational possession, ingestion or use of various inhalants including nitrous oxide (“laughing gas” or “whippets”) and amyl nitrite (“poppers” or “snappers”).
According to the Cleveland Clinic, the use of inhalant drugs has recently grown in popularity due to social media posts showcasing people inhaling “Galaxy Gas” — colorful containers of pressurized nitrous oxide marketed as whipped cream chargers. The Clinic notes that “abusing inhalants like whippets over time can cause significant damage, particularly to your nervous system, muscles, kidneys and liver.”
Weaver’s SB78 defines the unlawful possession of inhalants as the inhalation, ingestion, use or possession of any compound or mixture containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, nitrous oxide or amyl nitrite. The law establishes unlawful possession of inhalants as a Class A misdemeanor, punishable by up to a year in jail and a $6,000 fine under Alabama law.
The law does make important exemptions for health care facilities and providers as well as patients who have had the substances lawfully prescribed or administered to them by a licensed provider. Nitrous oxide in particular is commonly employed as a sedative and pain medication by health care professionals.
Additionally, SB78 clarifies that the possession of the listed substances is legal in the context of various industrial uses — whether for manufacturing, food preparation or automotive purposes. However, these exemptions may be disputed if the substances in question are flavored or are labeled as flavored, indicating that they are intended for recreational use rather than medical or industrial use.
The law also establishes the unlawful sale of inhalants as a Class D felony, which is punishable by up to 5 years in prison and a $7,500 fine. The manufacture or sale of inhalants for medical, industrial or automotive purposes is also exempt from this section of the law unless the substances are flavored.
Now that it has been signed into law, SB78 and its provisions will go into effect on Oct. 1, 2025.
In addition to Sen. Weaver, Alabama Senate President Pro Tem Garlan Gudger, R-Cullman; Sen. Steve Livingston, R-District 8; Sen. Lance Bell, R-District 11; and Sen. Will Barfoot, R-District 25, also co-sponsored the legislation.
