A proposed ordinance for the Anchorage Assembly to consider during its April 8 meeting would make the recreational use of nitrous oxide (laughing gas) illegal in the municipality.
- Ordinance No. AO 2025-50 is being introduced by Assemblyman Randy Sulte. It would prohibit the recreational use, possession, sale, and offering to another of nitrous oxide (“laughing gas”), amyl or butyl nitrite (“poppers”), and Kratom, by amending Anchorage Municipal Code list the new offenses in the misdemeanor table.
Recreational use of nitrous oxide is not explicitly illegal under federal law in the United States, and is not classified as a controlled substance by the Drug Enforcement Administration. However, its sale or distribution for human consumption (i.e., recreational inhalation) is regulated by the FDA under the Food, Drug, and Cosmetic Act, and misuse can lead to federal penalties if prosecuted as “misbranding.”
At the state level, recreational use of laughing gas for the purpose of causing euphoria is illegal in California, New York, Michigan, Florida, North Carolina, Texas, Pennsylvania, and Illinois. It is not illegal in Alaska.
Nitrous oxide itself has a functional use in canned whipping cream, where it is used as a propellant to dispense the cream from the canister and aerate the cream. But some people looking for a quick rush use the cans as “whippets,” where they release just enough gas from the canister (usually using a balloon to capture the gas) and inhale it for a buzz that will last up to a couple of minutes. Repeat use of whippets may have adverse health effects. People also sell and buy nitrous oxide canisters for recreational highs.
Butyl nitrite poppers are a type of recreational inhalant drug consisting of a volatile liquid — butyl nitrite — which is inhaled for its psychoactive effects. Poppers are routinely sold under various brand names like “Rush,” and “Bolt,” and they skirt federal regulations by being advertised as “room odorizer,” “video head cleaners,” or “leather cleaners.” Like nitrous oxide, when inhaled, the vapors produce a rapid, short-lived high, lasting 30 seconds to a few minutes, characterized by euphoria, a “head rush,” and muscle relaxation, especially smooth muscles like those in the anus or blood vessels. Misuse can lead to coma or death.
Kratom is a from a tropical tree native to Southeast Asia. Various products containing it are sold in both retail stores and online. Kratom leaves are often used to self-treat conditions such as pain, coughing, diarrhea, anxiety and depression, opioid use disorder, and opioid withdrawal, according to the Food and Drug Administration. An estimated 1.7 million Americans aged 12 and older used kratom in 2021, according to the Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health. It is not a controlled substance.
- Sulte says the the proposed ordinance fills a gap in criminal law by identifying the chemical compounds in whippets and poppers and prohibiting their use or sale for recreational purposes, as a Class B misdemeanor. Sell or providing them to a minor is classified higher as a Class A misdemeanor.
