Inhaling drugs or other noxious chemical substances, etc.; distribution of nitrous oxide.
Summary
HB2308 amends Virginia’s existing law on inhaling drugs or other noxious chemical substances to add a new restriction on nitrous oxide delivery devices. The bill makes it unlawful for any person to sell, distribute, or offer to sell or distribute a device designed or intended to deliver nitrous oxide to anyone under 18 years of age for any purpose. It also defines “diligent inquiry” as a good-faith age check that includes examining valid photo identification.
The bill preserves the existing prohibitions on deliberately inhaling noxious substances to become intoxicated or on inducing others to do so, and it keeps those offenses as Class 1 and Class 2 misdemeanors, respectively. It also specifies that “noxious chemical substances” includes nitrous oxide and other listed chemicals, and it creates exceptions for denatured nitrous oxide devices and for certain businesses and health care providers that handle catering supplies, food-processing equipment, or compressed gases for industrial or medical use.
Impact
The bill expands Code of Virginia § 18.2-264 by adding a youth-access restriction on nitrous oxide delivery devices and by clarifying age-verification expectations for sellers. It affects retailers, distributors, and other sellers of nitrous oxide-related devices, while carving out exemptions for denatured products, industrial/medical gas businesses, and health care providers. Violations of the new youth-sales provision are punishable as a Class 1 misdemeanor, increasing criminal exposure for noncompliant sellers and reinforcing the state’s existing anti-inhalant misuse framework.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It advanced through subcommittee, committee, and floor votes with overwhelming or unanimous support in both chambers, including a 97-0 House passage, 39-0 Senate passage, and a 95-1 House agreement to the conference report. The voting history suggests strong bipartisan agreement that restricting youth access to nitrous oxide delivery devices was a public-safety measure.
Contention
The main point of contention was not the policy goal itself but the exact form of the Senate substitute, which the House initially rejected before the chambers resolved differences in conference. The final compromise likely centered on how broadly to regulate nitrous oxide devices while preserving exemptions for legitimate commercial and medical uses. No committee transcript debate is available, but the voting record indicates that any disagreement was limited to drafting and scope rather than the underlying prohibition.