Montgomery, AL — Governor Kay Ivey has signed Senate Bill 78 (SB78) into law, making it illegal to possess, use, or ingest certain inhalants like nitrous oxide (“whippets”) and amyl nitrite (“poppers”) for recreational purposes. The law, which goes into effect on October 1, 2025, aims to curb the growing trend of inhalant abuse, fueled by social media.
Under the new law:
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Unlawful possession or use of these substances is a Class A misdemeanor, punishable by up to 1 year in jail and a $6,000 fine.
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Illegal sale of inhalants is a Class D felony, with penalties of up to 5 years in prison and a $7,500 fine.
However, the law allows medical use when prescribed by a licensed provider, and industrial use for things like food preparation or automotive purposes, as long as the products are not flavored or marketed for recreational use.
Sen. April Weaver, who sponsored the bill, said it was necessary to protect public health, as long-term inhalant abuse can cause serious damage to the nervous system and other organs.
The law has broad support, though some worry it could affect legitimate businesses selling inhalants for non-recreational use.
SB78 will take effect in the fall, giving time for businesses and the public to adjust
