PHOENIX — The sale of nitrous oxide is legal — more or less — in Arizona.
State Rep. Julie Willoughby says that's no laughing matter. She wants to make use or possession a felony, punishable by 18 months in state prison.
"What we're seeing is an influx in the recreational usage of nitrous oxide, commonly known as laughing gas,'' said the Chandler Republican. "It's being referred to as 'galaxy gas' because it creates a hallucinogenic effect.''
But Willoughby, who is a registered nurse, said that's just part of the problem.
"In unregulated doses, it can cause severe neurological damage that's not reversible, or even death,'' she said.
There are legitimate uses of nitrous oxide.
One is for medical sedation, particularly by dentists.
But it is also used by chefs who make their own whipped cream because the gas is nonreactive with the dairy and leaves no taste. On a commercial level, that's what's used in Reddi Whip.
Rep. Julie Willoughby
There is no prohibition under federal law against possession of nitrous oxide. But there is a regulation under the Food, Drug and Cosmetic Act that makes it illegal to sell or distribute the gas for purposes of human consumption.
Still, you don't have to go to a restaurant supply firm in Arizona to get it. Willoughby said the gas is being sold in some stores that also sell vaping products.
For example, one Phoenix shop offers 2,000-gram containers — about 4.4 pounds — of "Blueberry Mango Galaxy Gas'' for $110.
It also offers large balloons. The need for the balloons is that the gas comes out of containers both too fast and too cold to inhale. So there needs to be some way to safely administer it.
Willoughby said that's a clear indication it's not being sold for legitimate purposes, and that it should be made illegal for everyone.
She acknowledged there are other substances that can be abused that remain legal and available for adults, including alcohol and marijuana.
But Willoughby said this is different.
"Alcohol has been around forever, 'hash' has been around forever,'' she said. "People have learned to use these items in moderation. We have proper legislation around these for protection of the individuals using them and those that might be around,'' she said, such as laws against drunken driving.
She that doesn't exist here: "We don't have the proper safeguards for individuals trying to use nitrous oxide."
"And, to be honest with you, nitrous oxide does so much with your vital signs and your conscious and the sedative portion of it that a health care professional should be monitoring that. And we're not going to be offering a health care professional in every bar," she said.
She did not dispute that some comparisons with legal substances break down. For instance, there is no one monitoring marijuana dispensaries to determine whether someone is in a condition to purchase the drug. And the state's laws on driving while impaired do not include presumptive limits.
Willoughby insisted, however, that there needs to be an absolute ban on the sale of nitrous oxide.
"This is a medicine that was used and intended for sedative purposes, and no one should be sedating themselves at home,'' she said.
Consider, she said, what happened with Michael Jackson, who died after an overdose of propofol, a surgical anesthetic his doctor was administering to help him sleep. The death occurred even with medical supervision, she noted.
She also said the fact that people can have alcohol and marijuana does not mean the state should allow other drugs.
"It's not like we're going to say, 'Hey, you're an adult, you can have fentanyl now, too,' '' she said.
Her House Bill 2191 and its ban on nitrous oxide have a potential issue, however: Just like the federal law, it also has an exception for food preparation. She said there's a good reason for that.
"If they're buying it and using it to make that homemade whipped cream, there's nothing wrong with that,'' she said.
But how does she plan to determine the intent of the buyer?
"There's always going to be ways around it, right?'' Willoughby said. "Trying to find and close every single loophole, we'd be here forever.''
Relying on retailers to police the law isn't realistic, she conceded.
"Let's be honest: The person at the cash register or checking you out probably isn't going to ask you what you're using it for,'' Willoughby said.
The measure is scheduled for a hearing Wednesday in the House Judiciary Committee.
