10/10/2024

Is it Legal to see Whippets (Nitrous Oxide) in MA?

A frequently asked question, and apparently there is a spike in these products being offered for sale in MA.  Chapter 270, Sect. Section 18: Substance having property of releasing toxic vapors states:

“No person shall intentionally smell or inhale the fumes of any substance having the property of releasing toxic vapors, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulled senses or nervous system, nor possess, buy or sell any such substance for the purpose of violating or aiding another to violate this section.

This section shall not apply to the inhalation of anesthesia for medical or dental purposes.

Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.

Any person who is discovered by a police officer or special police officer in the act of violating this section may be arrested without a warrant by such police officer or special police officer, and held in custody, in jail, or otherwise, until a complaint is made against him for such offense which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.” 

Thank you to Rob Beauregard, the Andover Tobacco Control Director, for providing us with the research on this product.