SB78 Alabama 2025 Session

Updated Feb 23, 2026

Notable

Summary

Primary Sponsor: April WeaverSenator
Republican
Session: 2025 Regular Session
Title: Crimes and offenses, possession, use, or sale of "whippets," "laughing gas," "poppers," and "snappers" prohibited in certain circumstances, criminal penalties provided
Summary: SB78 would ban possession, use, or sale of butyl nitrite, nitrous oxide, and amyl nitrite in most cases, grant specific exemptions, add a flavoring labeling presumption, and set an October 1, 2025 effective date.
What This Bill Does
It makes unlawful possession of inhalants containing butyl nitrite, nitrous oxide, or amyl nitrite a Class A misdemeanor, and unlawful sale a Class D felony. It lists exemptions for licensed hospitals and health care facilities, licensed medical or dental practitioners with lawful prescriptions or administration, manufacturers in manufacturing processes, certain adult uses (21+), and nitrous oxide use as a propellant in food preparation or automotive contexts. It also adds a rebuttable presumption against these exemptions if the substance includes flavoring or labeling suggesting flavor, and it becomes effective on October 1, 2025.

Who It Affects
General individuals in Alabama who might possess or use these inhalants; they face Class A misdemeanor penalties for unlawful possession and Class D felony penalties for unlawful sale, unless a listed exemption applies.
Hospitals, health care facilities, licensed medical or dental practitioners, manufacturers, and certain businesses (e.g., restaurants/food service and automotive sectors) that use or handle these substances; they may rely on exemptions for lawful medical, manufacturing, or adult uses, but labeling flavorings can rebut those exemptions and affect enforcement.

Key Provisions
Unlawful possession of compounds containing butyl nitrite, nitrous oxide, or amyl nitrite is a Class A misdemeanor.
Unlawful sale or transfer of these inhalants is a Class D felony.
Exceptions: possession or use by licensed hospital/health care facility or licensed practitioner for lawful prescription, order, or administration; possession or use by a manufacturer in manufacturing/industrial operations (21+); possession or use of nitrous oxide as a propellant in food preparation or for automotive purposes (21+).
The presence of additional flavoring or labeling referring to flavoring creates a rebuttable presumption against the listed exceptions.
Effective date: October 1, 2025.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Controlled Substances; Crimes & Offenses