ARIZONA STATE SENATE
Phoenix, Arizona
nitrous oxide containers
An emergency measure
prohibiting businesses from selling or providing nitrous oxide containers to
minors under age 18 and making it illegal for minors to attempt to obtain
nitrous oxide containers.
Nitrous oxide, commonly
known as laughing gas, has multiple uses: doctors and dentists use it as an
anesthetic for patients, racecar drivers use it to boost engine power, caterers
and cooks use it to produce whipped cream and recreational drug users use it to
obtain a “high.” When inhaled, nitrous
oxide can produce a sense of disorientation, euphoria, auditory and visual
hallucinations, and an increased pain threshold. Nitrous oxide can also be addictive and effects of long-term,
heavy use may include such things as neurological and reproductive
problems. In addition, as with other
types of inhalants, nitrous oxide use can result in death because it deprives
the body of oxygen. However, unlike
other products used as inhalants, minors under age 18 are not expressly
prohibited from obtaining nitrous oxide in Arizona.
H.B. 2011 modifies laws
governing inhalants by specifically prohibiting the sale of nitrous oxide to
minors under age 18 in most instances.
It also prohibits minors from attempting to obtain nitrous oxide.
The fiscal impact on the
state general fund, if any, is unknown at this time.
1. Makes knowingly selling, giving or delivering a nitrous oxide container to a person under age 18 a class 5 felony, unless the person under age 18 is acting in the capacity of an employee when delivering or accepting delivery of a nitrous oxide container.
2. Provides exceptions to a class 5 felony sentence by authorizing the courts to either a) enter a judgment of conviction for a class 1 misdemeanor, or b) place the person on probation and designate the offense as a felony or misdemeanor after probation is terminated.
3. Makes misrepresenting a person’s age, either by the person attempting to obtain a nitrous oxide container or by someone else attempting to influence a business to provide a nitrous oxide container to a person under age 18, a class 1 misdemeanor.
4. Makes a person under age 18 who solicits another person to obtain a nitrous oxide container guilty of a class 3 misdemeanor.
5. Requires business operators and employees who have reason to question whether a person attempting to obtain a nitrous oxide container is 18 years old to ask for proof of age.
6. Lists acceptable forms of identification and allows businesses to copy the identification presented.
7. Specifies that a business operator or employee who provides a nitrous oxide container to a person under age 18 without recording and retaining proof of the person’s age is deemed to have constructive knowledge of the person’s age.
8. Provides for the suspension of the right of a person under 18 years of age to have or apply for a driver license or nonoperating identification license if one of these licenses is used to misrepresent a person’s age when obtaining a nitrous oxide container. The suspension is for six months on the first offense and 12 months on a second or subsequent offense.
9. Defines a nitrous oxide container as a container or canister exclusively containing nitrous oxide.
10. Makes technical and conforming changes.
11. Contains an emergency clause.
Amendments
Adopted by Committee of the Whole
Adds an emergency clause.
JUD 2/13/01 DPA/SE 10-0-0-0
JUD 3/20/01 DP
7-0-1
3rd Read 3/6/01 58-0-2-0 3rd Read 4/4/01 30-0
Prepared by Senate Staff
April 5, 2001