AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 44 SO AS TO PROHI...
This means families may see a decrease in access to nitrous oxide products, potentially enhancing safety for minors.
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S 0751 — AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 53, TITLE 44 SO AS TO PROHIBIT THE SALE OF NITROUS OXIDE OR NITROUS OXIDE PRODUCTS IN THE STATE OF SOUTH CAROLINA, WITH EXCEPTIONS; TO AUTHORIZE THE DEPARTMENT OF PUBLIC HEALTH TO PROMULGATE REGULATIONS IN CONSULTATION WITH THE STATE LAW ENFORCEMENT DIVISION; TO CREATE CRIMINAL PENALTIES; AND FOR OTHER PURPOSES. - RATIFIED TITLE
Last action — Act No. 194
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 10, 2025. Enacted.
Signed by Governor Henry McMaster (Republican) on May 18, 2026.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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Mixed recorded votes
1 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
The bill prohibits the sale of nitrous oxide products in South Carolina with certain exceptions.
This legislation bans the sale of nitrous oxide and its products in South Carolina, particularly to minors. It also allows the Department of Public Health to create regulations for enforcement and establishes criminal penalties for violations.
What this means for you
- Families: This means families may see a decrease in access to nitrous oxide products, potentially enhancing safety for minors.
Summary
Prohibition of sale of nitrous oxide to minors
Bill Text
- Full text View text Current html
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill mandates the prohibition of selling nitrous oxide and nitrous oxide products to minors in South Carolina, establishing specific regulations and penalties related to such sales.
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Section 44-53-2520
It is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products in this State.
This addition makes it illegal to sell nitrous oxide or related products.
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Section 44-53-2520
It is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.
This establishes a prohibition on possessing nitrous oxide for the purpose of selling or distributing it.
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Section 44-53-2520
A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.
This clause prohibits using nitrous oxide for recreational purposes.
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Section 44-53-2520
It is unlawful for any person to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell a flavored nitrous oxide product in this State.
This bans the sale of flavored nitrous oxide products.
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Section 44-53-2520
Subsections (A) and (B) do not apply to the sale, distribution, or transfer of nitrous oxide or nitrous oxide products to an exempt entity or to an individual for the exempt entity's or individual's lawful purpose, provided the seller complies with Section 44-53-2530.
This specifies exemptions for certain entities and uses under defined conditions.
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Section 44-53-2520
Each unlawful sale, delivery, distribution, or transfer constitutes a separate offense.
This reinforces that each incident of violation is treated as a distinct offense.
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Section 44-53-2530
A person who sells or distributes nitrous oxide or nitrous oxide products pursuant to Section 44-53-2520(E) shall take reasonable steps to verify that the purchaser is an exempt entity or is using nitrous oxide or nitrous oxide products for an exempt purpose.
This requires verification processes for sales to exempt entities.
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Section 44-53-2540
A person who knowingly violates Section 44-53-2520 is guilty of a misdemeanor and, upon conviction: (1) for a first offense, must be fined not more than one thousand dollars or imprisoned for a term not to exceed six months, or both; (2) for a second offense, must be fined not more than five thousand dollars or imprisoned for a term not to exceed one year, or both; and (3) for a third or subsequent offense, must be fined not more than ten thousand dollars or imprisoned for a term not to exceed three years, or both.
This establishes criminal penalties for violations related to the sale of nitrous oxide.
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Section 44-53-2540
In addition to criminal penalties, a business entity convicted of a violation of this article is subject to administrative action by the state or local authority that issued the business license, permit, or registration, including suspension or revocation, consistent with law.
This allows for administrative actions against businesses that violate the new law.
Action History
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Effective date 05/18/26
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Act No. 194
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Signed By Governor
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Ratified R 230
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Concurred in House amendment and enrolled (Senate Journal-page 13)
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Read third time and returned to Senate with amendments (House Journal-page 10)
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Roll call Yeas-116 Nays-0 (House Journal-page 116)
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Read second time (House Journal-page 115)
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Amended (House Journal-page 115)
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Debate adjourned (House Journal-page 89)
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Committee report: Favorable with amendment Judiciary (House Journal-page 17)
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Referred to Committee on Judiciary (House Journal-page 31)
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Introduced and read first time (House Journal-page 31)
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Read third time and sent to House
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Roll call Ayes-42 Nays-0 (Senate Journal-page 37)
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Read second time (Senate Journal-page 37)
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Amended (Senate Journal-page 37)
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Committee Amendment Adopted
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Committee report: Favorable with amendment Judiciary (Senate Journal-page 9)
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Referred to Committee on Judiciary (Senate Journal-page 42)
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Introduced and read first time (Senate Journal-page 42)
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Referred to Committee on Judiciary
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Prefiled
Sponsors
- Senator Overture Walker · Cosponsor
- Senator Billy Garrett · Cosponsor
- Senator Jeff Zell · Cosponsor
- Senator Russell L. Ott · Cosponsor
- Senator Ed Sutton · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 165 not signed on
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 111 | 0 | 0 | 7 |
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 1 |
| Total | 115 | 0 | 0 | 8 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (123)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 0 | 0 | 4 |
| Total | 0 | 0 | 0 | 4 |
| % of votes cast | 0% | 0% | 0% | 100% |
How each member voted (4)
| Member | Party | Vote |
|---|---|---|
| Senator Darrell Jackson | — | Not Voting |
| Senator JD Chaplin | — | Not Voting |
| Senator Jeff Zell | — | Not Voting |
| Senator Tom Davis | — | Not Voting |
Subjects
Frequently asked questions
- What does S 0751 do?
- Prohibition of sale of nitrous oxide to minors
- Who sponsors S 0751?
- S 0751 is sponsored by Senator Overture Walker, Senator Billy Garrett, Senator Jeff Zell, Senator Russell L. Ott, and Senator Ed Sutton.
- What is the current status of S 0751?
- This bill has been enacted into law. Introduced December 10, 2025. Enacted.
- Where can I track S 0751?
- Track S 0751 free on One Click Politics — get push/email alerts when it moves.
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