Nitrous Oxide Sales Prohibited; Class 1 Misdemeanor Penalties
Summary
Virginia Governor signed SB360 into law (Chapter 192) on April 6, 2026, effective July 1, 2026. The law prohibits the sale or distribution of nitrous oxide delivery devices, flavored nitrous oxide products marketed to resemble food or beverages, and containers exceeding eight grams, with limited exceptions. Violations constitute a Class 1 misdemeanor. The bill passed unanimously in both chambers.
What changed
Virginia SB360 enacts a comprehensive ban on nitrous oxide sales and distribution, targeting three categories: (i) devices designed to deliver nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide marketed with food or beverage flavors distinguishable by ordinary consumers; and (iii) nitrous oxide containers exceeding eight grams, with defined exceptions. The law applies to any person or entity selling or distributing these products in Virginia.
Retailers, distributors, and online sellers of nitrous oxide products in Virginia must immediately assess their product lines for compliance with these three prohibited categories. Businesses must remove affected products before the July 1, 2026 effective date. Given the unanimous legislative passage (39-0 in Senate, 97-0 in House) and the identical companion bill HB 648, Virginia has signaled strong bipartisan support for this public health measure targeting recreational nitrous oxide abuse.
What to do next
- Confirm whether any products in inventory fall under prohibited categories (inhaled delivery devices, flavored nitrous oxide, containers over 8 grams)
- Cease sale or distribution of prohibited nitrous oxide products before July 1, 2026 effective date
- Review and update product compliance policies to reflect the new prohibitions and exemptions
Penalties
Class 1 misdemeanor for violation of prohibited sale or distribution of nitrous oxide products
Archived snapshot
Apr 9, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
ChangeBridge / Virginia / SB360 Signed by Governor SB360 Senate Bill Signed by Governor 2026-04-06
Nitrous oxide; sale, distribution, etc., prohibited, penalties.
Distributing nitrous oxide prohibited; penalties. Prohibits the sale or distribution of (i) a device that is designed or intended to deliver a gas containing nitrous oxide through direct inhalation, with exceptions defined in the bill; (ii) nitrous oxide that has, or is marketed as having, the taste or smell of any food or beverage that is distinguishable by an ordinary consumer either prior to or during consumption or use of such nitrous oxide to any person not exempted in the bill; and (iii) a container of nitrous oxide that exceeds eight grams, with exceptions defined in the bill. A violation of such prohibitions is a Class 1 misdemeanor. This bill is identical to HB 648.
Bill Details
State Virginia
Session 2026 Regular Regular Session
Chamber Senate
Official Source lis.virginia.gov/bill-details/20261/SB360
LegiScan View on LegiScan
Sponsors
Richard Stuart (Sen - R)
Action History
2026-04-06 Approved by Governor-Chapter 192 (effective 7/1/2026) 2026-04-06 Approved by Governor-Chapter 192 (effective 7/1/2026) 2026-03-10 Governor's Action Deadline 11:59 p.m., April 13, 2026 2026-03-10 S Enrolled Bill communicated to Governor on March 10, 2026 2026-02-27 S Fiscal Impact Statement from Department of Planning and Budget (SB360) 2026-02-27 S Signed by President 2026-02-27 H Signed by Speaker 2026-02-27 S Bill text as passed Senate and House (SB360ER) 2026-02-27 S Enrolled 2026-02-25 S House substitute agreed to by Senate (40-Y 0-N 0-A) 2026-02-23 H Passed House with substitute (97-Y 0-N 0-A) 2026-02-23 H Engrossed by House - committee substitute 2026-02-23 H committee substitute agreed to 2026-02-23 H Read third time 2026-02-20 H Read second time 2026-02-19 S Fiscal Impact Statement from Department of Planning and Budget (SB360) 2026-02-18 H Committee substitute printed 26108201D-H1 2026-02-18 H Reported from Courts of Justice with substitute (22-Y 0-N) 2026-02-03 H Referred to Committee for Courts of Justice 2026-02-03 H Read first time 2026-02-03 H Placed on Calendar 2026-01-27 S Read third time and passed Senate (39-Y 0-N 0-A) 2026-01-26 S Engrossed by Senate 2026-01-26 S Engrossed by Senate Block Vote (Voice Vote) 2026-01-26 S Read second time 2026-01-23 S Passed by for the day 2026-01-23 S Passed by for the day (Voice Vote) 2026-01-23 S Constitutional reading dispensed (on 1st reading) (39-Y 0-N 0-A) 2026-01-23 S Rules suspended 2026-01-22 S Fiscal Impact Statement from Department of Planning and Budget (SB360) 2026-01-21 S Reported from Courts of Justice (15-Y 0-N) 2026-01-13 S Referred to Committee for Courts of Justice 2026-01-13 S Prefiled and ordered printed; Offered 01-14-2026 26104977D
Votes
2026-01-21 Reported from Courts of Justice (15-Y 0-N) Yea: 15 Nay: 0 2026-01-23 Constitutional reading dispensed (on 1st reading) (39-Y 0-N 0-A) Yea: 39 Nay: 0 2026-01-27 Read third time and passed Senate (39-Y 0-N 0-A) Yea: 39 Nay: 0 2026-02-18 Reported from Courts of Justice with substitute (22-Y 0-N) Yea: 22 Nay: 0 2026-02-23 Passed House with substitute (97-Y 0-N 0-A) Yea: 97 Nay: 0 2026-02-25 House substitute agreed to by Senate (40-Y 0-N 0-A) Yea: 40 Nay: 0
Committee Referrals
2026-01-13 S Courts of Justice 2026-02-03 H Courts of Justice
Bill Text Versions
2026-01-13 Introduced 2026-02-18 Comm Sub 2026-02-27 Enrolled Legislative data powered by LegiScan (CC BY 4.0)
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