Community Health & Wellness

Governor signs ban on unauthorized sale of nitrous oxide, AKA ‘whippets’

Gov. Bob Ferguson on Tuesday, March 24, signed into law a ban on the unauthorized sale of nitrous oxide, a sedative historically used for medical purposes that has seen a recent surge in recreational use.

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At the event, the governor said nitrous oxide had been responsible for a number of overdose deaths in the state.

Legislation establishing the ban, passed unanimously in both the House and Senate, makes it a gross misdemeanor to sell and distribute nitrous-oxide products, punishable by up to a year in jail. The law contains carveouts for uses like medical, dental and veterinary care; as a propellant in food products; and for manufacturing and automotive purposes.

Widely available whippets

Nitrous oxide products, often sold in steel cartridges known as whippets, are cheap and widely available at convenience stores and smoke shops. Major retailers like Amazon and Walmart also carry them.

State leaders say these products, sold under names like “Galaxy Gas” and “Whip-it!,” come in colorful packaging and candy-like flavors designed to make them particularly attractive to children and pre-teens.

“Its wide availability and targeted marketing has led to gross misuse, serious health impacts and, tragically, loss of life,” Alice Palosaari, deputy legislative director for the Washington state Attorney General’s Office, said during testimony. “Washington would be a safer and healthier place with a ban on nitrous oxide.”

Research indicates their use ticked up in recent years. One study published in Journal of the American Medical Association last year found that about 74% of the 1,240 deaths associated with nitrous oxide poisoning in the U.S. occurred in the last seven years.

Another in Michigan found poison center cases, emergency room visits and emergency medical responses related to recreational nitrous oxide misuse more than quadrupled between 2019 and 2023.

These products remain largely unregulated, but inhaling them can cause a range of serious health problems, including death, according to The U.S. Food and Drug Administration, which advised against their use last year. 

Tribe led push to ban whippets

Washington is at least the fifth state to adopt a ban on recreational nitrous oxide products, joining Louisiana, Michigan, Alabama and California.

The Suquamish Tribe in Kitsap County led the push for a statewide ban. The tribe banned sales of these products on its reservation in September 2025.

“[Nitrous oxide] is a detrimental product that is harming the lives of our youth and our community,” Suquamish Tribal Council member Azure Boure said during public testimony in January. “This unregulated product is killing our people and leaving lasting impacts.”

Jeff Riggins, a Suquamish community health program manager and tribal member, said in a statement the state’s bans shows what happens when the tribe leads and the state follows through.

“At the end of the day, this is about protecting lives and making our tribal community and the entire state healthier,” he said.