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Indiana statute

Ind. Code § 35-46-6-3 — Nitrous oxide distribution; nonmedical purposes

Current through 2026 Regular Session

Part of Chapter 6: Glue Sniffing, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 35-46-6-3

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-46-6-3Primary source, current through the 2026 Regular Session
Sec. 3. (a) A person who knowingly or intentionally uses or distributes nitrous oxide with intent to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses of another person, unless the nitrous oxide is to be used for medical purposes, commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section. (b) Except as provided in subsection (c), a person who knowingly or intentionally sells, uses, or distributes flavored nitrous oxide commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a prior unrelated conviction under this section. (c) The prohibition on the sale, use, or distribution of flavored nitrous oxide in subsection (b) does not apply to: (1) a retail or wholesale restaurant supply company that sells or distributes flavored nitrous oxide to a person for use in food and beverage preparation or other culinary purposes; (2) a person that uses flavored nitrous oxide in food and beverage recipes or for other legitimate culinary purposes; or (3) a law enforcement agency that is disposing of flavored nitrous oxide by donation to a nonprofit organization.

Official sources

Legal terms used in this section

Questions this section answers

Is nitrous oxide distribution; nonmedical purposes a felony or a misdemeanor in Indiana?

It depends on the circumstances: nitrous oxide distribution; nonmedical purposes ranges from a Class B Misdemeanor to a Class A Misdemeanor in Indiana under Ind. Code § 35-46-6-3.

Nitrous oxide use/distribution for nonmedical intoxicating purposes (first offense): Class B Misdemeanor (Ind. Code § 35-46-6-3(a)) · Nitrous oxide use/distribution for nonmedical intoxicating purposes (repeat offense): Class A Misdemeanor (Ind. Code § 35-46-6-3(a)) · Sale, use, or distribution of flavored nitrous oxide (first offense): Class B Misdemeanor (Ind. Code § 35-46-6-3(b)) · Sale, use, or distribution of flavored nitrous oxide (repeat offense): Class A Misdemeanor (Ind. Code § 35-46-6-3(b))

Which Indiana statute covers nitrous oxide distribution; nonmedical purposes?

Nitrous oxide distribution; nonmedical purposes is governed by Ind. Code § 35-46-6-3 (Nitrous oxide distribution; nonmedical purposes).

This reference is informational and is not legal advice.