The Indiana Alcohol and Tobacco Commission (ATC) issued a notice on Wednesday to more than 8,200 tobacco sellers throughout Indiana, warning them about the illegal sale of nitrous oxide.
Nitrous oxide is used to make whipped cream and has medical uses, but it can also be used recreationally to get high or intoxicated, which can cause heart attacks and death.
“It is illegal in Indiana to sell nitrous oxide for the purposes of intoxication, and Indiana State Excise Police have discovered an alarming trend of this activity among certain gas stations, convenience stores, smoke shops and tobacco/vaping businesses throughout the state,” said Jessica Allen, ATC executive director.
In the state of Indiana, a person who knowingly distributes nitrous oxide with the intent to cause intoxication can face a Class B misdemeanor.
To date, 18 Indiana tobacco certificate holders have been cited for this illegal activity and some of their employees have been referred for criminal prosecution, ATC said.
“We’re seeing some sellers hiding the nitrous oxide tanks and only offering them for sale upon request and selling nitrous oxide tanks with no additional culinary items such as whipping cream,” said Superintendent Matt Strittmatter of the Indiana State Excise Police.
Strittmatter said some of these sellers are also giving customers, including minors, instructions on how to use a nitrous oxide tank for the purposes of intoxication. Some of the products are flavored, including blue raspberry, cotton candy and watermelon.
“Not only are these products risky to store and when used to become intoxicated, but they are also extremely costly to dispose of,” said Allen.
Allen said she estimates that cost could amount to $1 million by 2026 if the trend continues.
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