Assemblyman Keith Brown, R-Commack, is pictured during a recent trip to Washington, D.C.

A state lawmaker wants to make it harder for people to purchase nitrous oxide – though it’s not clear if the proposal would affect the sale of cans of whipped cream that are found littering the side of many area roads.

Assemblyman Keith Brown, R-Commack, has introduced legislation in the state Assembly (A.9287) to criminalize certain sales and possessions of nitrous oxide while also creating a new criminal charge of criminal possession of nitrous oxide as well as a charge of driving while ability impaired by nitrous oxide.

Retail sales restrictions would not apply to food service establishments, manufacturers or industrial operations, health care professionals and 21-year-olds who are using nitrous oxide for automotive or rocketry purposes. Businesses that are found selling nitrous oxide to those under the age of 21 could face a $500 fine for a first offense and up to $5,000 for subsequent offenses.

“This comprehensive bill shall strengthen the laws against use, possession, and sale,” Brown said in his legislative justification. “Selling nitrous oxide for purposes outside of its accepted use will carry stiffer penalties and will stop the availability of these products at smoke/vape shops and gas stations. This bill also adds to the public health law by noting the dangers of using nitrous oxide and will allow for the commissioner to consult with the commissioner of the Office of Addiction Services and Supports when developing education and outreach programs to help stem the tide of this drug’s use.”

The U.S. Food and Drug Administration warned consumers in March that inhaling nitrous oxide gas for its euphoric effects can cause dangerously low blood pressure, leading to loss of consciousness and injuries. The agency flagged a number products sold in colorful packaging at gas stations, vape shops and online including Cosmic Gas, Galaxy Gas and MassGass. Nitrous gas is traditionally used as a sedative for patients in dental offices and hospitals. It’s also found in pressurized cans of whipped cream. But teens and adults have long misused those products to get high. The gas can briefly disrupt oxygen flow to the brain.

Companies selling the products cited by regulators advertise them “for culinary use only” and often include disclaimers on their websites warning against inhaling. But videos of young people using the products recreationally have circulated on social media platforms for years.

The FDA said it has seen “an increase in reports of adverse events” with nitrous products. And poison control centers have also reported emergency calls from people who had to be rushed to the hospital after collapsing while misusing the products.

There are no federal limits on who can purchase nitrous oxide, although some states have passed minimum age requirements. The FDA regulates the gas as a medical product when used by doctors and dentists, although it’s unclear how much oversight it would have of products marketed for culinary use.

According to the American Addiction Centers in 2020, 6% of 8th graders, roughly 3% of 10th graders, and 2% of 12th graders surveyed reported using inhalants in the last 12 months. More than 13 million Americans have misused nitrous oxide in their lifetimes, according to the 2023 National Survey on Drug Use and Health. The Centers for Disease Control and Prevention reports that the number of deaths attributed to nitrous oxide poisonings rose by more than 110% between 2019 and 2023.

“Several states have legislation concerning the sale of nitrous oxide,” Brown wrote. “New York in 2021 passed a law which prohibited the sale of steel cylinders filled with nitrous oxide to individuals under the age of 21 (S.2819/A.754). However, given the continued usage and sale of this product, this law does not go far enough.”

A Kiantone man was charged earlier this year regarding numerous whip cream cans that were being left on south county roads and some near the Pennsylvania state border. Whipped cream cans littering the sides of roads – particularly on Route 62 between Jamestown and Warren – has been a common sight over the past couple of years.