Section 40:989 - Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penaltiesA.(1) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, gas, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.(2) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, gas, or chemical which contains nitrous oxide, commonly known as "laughing gas" and any amyl nitrite, commonly known as "poppers" or "snappers".B. The provisions of Subsection A of this Section shall not apply to any of the following: (1) The possession and use of these substances prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner.(2) The possession and use of these substances by a manufacturer as part of a manufacturing process or industrial operation.(3) The possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products.(4) The possession, use, or sale of nitrous oxide for automotive purposes.C. It shall be unlawful for any person , entity, business, or corporation to produce, manufacture, possess, buy, sell, or otherwise transfer any substance specified in Subsection A of this Section or otherwise violate the provisions of Subsection A.D. Whoever violates the provisions of this Section shall be fined not more than two thousand five hundred dollars or imprisoned with or without hard labor for not more than one year, or both.E. Any person who violates any of the provisions of this Section may, in the discretion of the trial judge, be required to participate in an approved drug rehabilitation program, as a condition of probation. F.(1) The office of alcohol and tobacco control may conduct any investigation as necessary to regulate and enforce the provisions of this Section.(2) The provisions of this Subsection shall not prohibit a law enforcement agency of the state or its political subdivisions with appropriate jurisdiction from enforcing the provisions of this Section.G. The office of alcohol and tobacco control shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide for the regulation and enforcement of this Section. _______________________________________
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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PRESIDENT OF THE SENATE
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GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: __________
Acts 1988, No. 777, §1, eff. July 18, 1988; Acts 1992, No. 933, §1, eff. July 9, 1992; Acts 1993, No. 500, §1.Amended by Acts 2024, No. 248,s. 1, eff. 8/1/2024.Acts 1988, No. 777, §1, eff. 7/18/1988; Acts 1992, No. 933, §1, eff. 7/9/1992; Acts 1993, No. 500, §1.