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South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 44-53-2520: Unlawful to sell or possess nitrous oxide; exemptions.

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Where this section sits in the code
  1. Title 44 - HEALTH
  2. CHAPTER 53 Poisons, Drugs, and Other Controlled Substances
  3. ARTICLE 25 Nitrous Oxide

(A) Except as provided in subsection (E), it is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products in this State.

(B) Except as provided in subsection (E), it is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.

(C) A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.

(D)(1) It is unlawful for any person to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell a flavored nitrous oxide product in this State.

(2) A person engaged in the sale of nitrous oxide or nitrous oxide products made through the internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen years of age or older, and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age purchasing for an exempted use before nitrous oxide or a nitrous oxide product will be released to the purchaser, unless the internet or other remote sales methods employ the following protections to ensure age verification:

(a) the customer creates an online profile or account with personal information including, but not limited to, name, address, social security information, and a valid phone number, and that personal information is verified through publicly available records; or

(b) the customer is required to upload a copy of his government-issued identification in addition to a current photograph of the customer; and

(c) delivery is made to the customer's name and address.

(E) Subsections (A) and (B) do not apply to the sale, distribution, or transfer of nitrous oxide or nitrous oxide products to an exempt entity or to an individual for the exempt entity's or individual's lawful purpose, provided the seller complies with Section 44-53-2530. An individual who is over the age of eighteen may have the following lawful purpose:

(1) for personal mechanical repair of automotive or recreational vehicles, provided the product was purchased from a licensed automotive business;

(2) for home culinary use, limited to nonrefillable cartridges of not more than 8 grams per cartridge; or

(3) for medical use, as prescribed by a medical doctor.

(F) Each unlawful sale, delivery, distribution, or transfer constitutes a separate offense.

(G)(1) A retailer must not sell to an individual purchasing for an excepted personal use more than a case per day. A case contains a maximum of twenty-four individual cartridges that contain 8 grams of nitrous oxide.

(2) An automotive business operating with a business license and with an authorized dealer or distributor agreement may only sell containers of nitrous oxide when mixed with not less than one hundred parts per million of sulfur dioxide as a fuel additive for combustion engines to exempt individuals as described in subsection (E). Retailers may only sell to exempt entities either by delivery to a business address or by invoice to an exempted entity.

(3) A tobacco retail establishment with the primary purpose of selling tobacco products, as defined in Section 16-17-501, is prohibited from selling nitrous oxide or nitrous oxide products.

Collected 2026-10-25T04:06:35Z. Source file · JSON

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