Nitrous oxide whippet abuse bill signed into Michigan law
Close-up of miniature cylinder of nitrous oxide, a drug of abuse referred to as Whip Its, Whipits or Whippets, discarded in a gutter in Walnut Creek, California, March 13, 2020. (Photo by Smith Collection/Gado/Getty Images)
LANSING (FOX 2) - Governor Gretchen Whitmer signed legislation to help ban the sale of objects used for the recreational inhalation of nitrous oxide on Tuesday.
Nitrous oxide, sometimes referred to as "laughing gas," can cause euphoria and mild hallucinations when inhaled. It has been used in dentistry as a light general anesthetic since 1844, but it is now also used in food products, most notably to add volume to whipping cream.
The bill, brought forward by Sen. Joseph Bellino’s bill, SB 58, adds the sale or offer for sale of an object designed to facilitate the inhalation of nitrous oxide for recreational use to the existing penalties for other drug paraphernalia.
The penalties include a misdemeanor, imprisonment for up to 90 days and a fine of up to $5,000. Penalties for adults who violate the act by selling to a minor increase to up to one year in jail, a fine of up to $7,500, or both.
"Although this gas is used in some food preparation and medical services, people are also using the charging canisters for the sole purpose of getting high," said Bellino (R-Monroe). "These new laws will address the problem by targeting those who are selling these canisters without selling whipping cream or dispensers for a legitimate use — stopping easy access by those who use this gas like a drug."
A whipping cream dispenser works by releasing nitrous oxide into the cream from a small metal canister called a charger. The chargers contain eight grams of nitrous oxide, which is enough gas to whip one pint of cream. These chargers can be bought at restaurant supply stores or online.
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When combined with a "cracker," a device designed to puncture the canister and control the release of gas, and a durable balloon, the chargers can be used for drug-like purposes.
"This will help prevent nitrous oxide abuse — and it represents the type of positive, bipartisan change we can achieve by working together to protect our kids," Bellino said.
Senate Bill 57, sponsored by Sen. Stephanie Chang, D-Detroit, amends the Public Health Code to add "an object specifically designed for inhaling nitrous oxide for recreational purposes" to the statute containing the definition for drug paraphernalia.
In doing so, it bans them from being sold or offered for sale with the knowledge that it will be used to introduce a controlled substance into the human body.