House panel considers sales ban on flavored nitrous oxide

Flavored nitrous oxide is used in the professional culinary world in products like whipped cream, but it’s becoming increasingly popular among kids to get high. 

Nicknamed “Galaxy Gas,” it’s legally available for purchase by teens at retailers and is being marketed to children as a fun “safe high” because it’s legal, said Rep. Elliott Engen (R-White Bear Township).

He sponsors HF325 to ban retailers from selling flavored nitrous oxide to consumers.

The House Commerce Finance and Policy Committee laid the bill over Wednesday for possible inclusion in a later bill.

Rep. Elliott Engen presents HF325 to the House Commerce Finance and Policy Committee March 5. The bill would prohibit a retailer from selling flavored nitrous oxide to consumers. (Photo by Andrew VonBank)

Engen is proposing a ban, rather than regulation of it, because it’s become so pervasive and widely available. “These are being sold with gas masks for inhaling purposes. This is blatant. It’s in our face. It’s obvious that it’s not about culinary arts.”

There are both physical and neurological effects from using flavored nitrous oxide. Engen introduced his bill with a story about a 29-year-old woman who died of substance abuse disorder and believed she wasn’t doing anything wrong because she could legally buy it.

The bill is specific to direct retail sales to consumers. Several committee members want to ensure the bill doesn’t prohibit legitimate uses for flavored nitrous oxide.

Bruce Nustad, president of the Minnesota Retailers Association, wrote that he looks forward to working with Engen to balance the public health concerns with protecting lawful businesses.

“Minnesota Retailers recognizes the concerns surrounding the misuse and abuse of this product, and we support efforts to address these important issues,” Nustad wrote.