ATC chair expresses concerns over increase in illegal sales of whippets, Galaxy Gas
Indiana ATC chairwoman Jessica Allen said the State Excise Police, which acts as the enforcement arm of the ATC, has cited 18 state-certified tobacco vendors and confiscated more than 15,000 canisters of nitrous oxide since early 2024. The citations and confiscations followed an increase in complaints about illicit sales to the ATC, which coincided with an increase in people purchasing nitrous oxide for recreational drug use.
While it is legal to sell and purchase nitrous oxide for culinary, vehicular or medical use in Indiana, using or selling it for recreational purposes can result in a criminal offense.
Allen said ATC officials are concerned about the increased availability of recreational nitrous oxide for sale and that its use could lead to "public health issues and public safety issues." She also cited the cost to the state of disposing of nitrous oxide canisters, which have specific destruction requirements; Allen estimates the ATC will spend more than $1 million through 2026 in destruction costs if the current trend of illegal nitrous oxide usage in Indiana continues.
Nitrous oxide (dinitrogen monoxide) is a colorless, odorless gas comprised of two nitrogen atoms and one oxygen atom. The chemical compound appears in the sedative known as "laughing gas" used to reduce pain during medical procedures. Food product manufacturers also use nitrous oxide, most commonly to create the many small bubbles that give whipped cream its light, foamy texture.
When nitrous oxide enters your lungs, it displaces other gases like oxygen. In small, medically prescribed doses, nitrous oxide limits the amount of oxygen that reaches your brain, effectively slowing down your central nervous system and limiting pain signals, hence its use for pain control. Nitrous oxide also blocks certain neurotransmitters and triggers the release of endorphins, creating a lightheaded, euphoric sensation, hence its appeal as a recreational drug.
"Whippets" or "whip-its" are a slang term for nitrous oxide for recreational drug use. Users typically buy canisters of nitrous oxide intended for culinary use (the drug gets its name from the whipped cream canisters) and inhale the gas inside, either directly or via a balloon, to experience a sense of euphoria.
Galaxy Gas is a brand of flavored whipped cream "chargers" (small canisters of nitrous oxide) and dispensers. The widespread recreational use of Galaxy Gas — once popularly documented by users on TikTok — has led to the product's name becoming interchangeable with nitrous oxide, laughing gas and whippets.
Anyone in Indiana, including minors, can purchase nitrous oxide for what the state deems legitimate purposes, such as food preparation and vehicle performance. While restaurants and medical offices account for most legal nitrous oxide purchases, car enthusiasts may also use the gas to give a car's engine a boost (although some insurance companies will not cover nitrous-augmented vehicles).
A section of Indiana Code 35 prohibits the use or sale of nitrous oxide with intent to cause intoxication or euphoria unless for medical purposes. Violating the code can result in a Class A or B misdemeanor, with penalties up to one year in jail and or fines of up to $5,000.
Examples of code violations, Allen said, include selling nitrous oxide with other equipment used to get high, such as balloons, or selling the gas with instructions on how to use it recreationally. However, it can be difficult to determine the intent of a nitrous oxide sale beyond such clear-cut cases, a challenge that hinders excise police's ability to enforce the law.
"I think it is broad, and because of the way the law is written, we have to know what the intent is at the time of the sale," Allen said. "So it's difficult to prove what the intent was from the manufacturer to the distributor to the retailer, because there certainly are lawful reasons a business would be selling it."
Like many recreational drugs, nitrous oxide comes with a variety of risks, including:
Tissue damage from low oxygen. Because our lungs' alveoli (air sacs) take in nitrous oxide much faster than they can expel its waste products like nitrogen, inhaling it dilutes the volume of oxygen available in the lungs. This can lead to tissue death, including in the brain. Symptoms of hypoxia can range from headaches, dizziness, loss of consciousness and nausea to, in extreme cases, heart attack or brain damage.
Central nervous system damage. Nitrous oxide impedes our ability to metabolize vitamin B12, which the body uses to protect nerves in the brain and spinal cord. Heavily abusing nitrous oxide can degrade one's central nervous system, leading to muscle weakness or spasms.
Further research suggests but does not confirm that inhaling directly from nitrous oxide canisters may cause lesions in the lungs or allergic reactions from breathing in microscopic particles of metals like zinc and aluminum.
Data on use of nitrous oxide is sparse although a 2019 study by the U.S. Substance Abuse and Mental Health Services Administration reported that almost 13 million Americans aged 12 and older had "misused" nitrous oxide at least once.
A spokesperson for Indianapolis' Community Fairbanks Recovery Center, which treats a variety of drug abuse and addictions, said the center has seen no notable increase of people admitting they used nitrous oxide recreationally.
Lack of data and self-reporting makes it difficult to identify the scale of nitrous oxide abuse. If you are aware of illegal drug activity, you can contact Crime Stoppers of Central Indiana.
You can also find your local excise board officer and how to contact them on the ATC's website if you wish to report a business illegally selling drugs. Concerned citizens can also leave a tip with the US Drug Enforcement Administration.
Contact IndyStar reporter Bradley Hohulin at bhohulin@indystar.com. You can follow him on Twitter/X @Bradley Hohulin.
This article originally appeared on Indianapolis Star: Illegal sales of laughing gas on the rise per Indiana ATC chair
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