South Carolina Senate Judiciary Committee
South Carolina-Specific Nitrous Oxide Data for Legislative Consideration
Compiled February 14, 2026 — All sources verified at time of research
OVERARCHING FINDING: South Carolina has virtually no publicly available state-specific data on nitrous oxide injuries, deaths, usage, enforcement, or supply chain. This is not because the problem does not exist. It is because no system is designed to measure it. The absence of data is itself a critical finding for the committee.
1. SC DEATHS & HOSPITALIZATIONS
FINDING
No SC-specific nitrous oxide deaths or hospitalizations were found in any publicly available source; coroner reports, hospital case studies, DHEC data, or local news.
Why This Does Not Mean No Deaths Have Occurred
▶ CDC WONDER (the national mortality database) suppresses cell counts below 10 for privacy. With only 156 national N2O deaths in 2023 spread across 50 states; SC's count almost certainly falls below the suppression threshold. [1]
▶ N2O deaths may be classified as "asphyxia" or "anoxic brain injury" on death certificates without specifying the substance. Without specific toxicology coding; these deaths become invisible. [2]
▶ No SC coroner has publicly reported a nitrous oxide death. No SC hospital has published a case report in the medical literature. [6]
National Mortality Context
1,240
US N2O DEATHS (2010-2023) [1]
578%
INCREASE (23 TO 156/YR) [1]
74%
OCCURRED IN LAST 7 YEARS [1]
Medical Literature
▶ Zero published case reports from any SC hospital (Prisma Health, MUSC, Roper, AnMed, Spartanburg Regional). Dozens exist from MI, CA, NY, MA, OR. [6]
▶ Only 14% of patients achieve full neurological recovery after N2O-induced myelopathy; 86% live with permanent impairment. [7]
▶ Known SC hospitalization: The presenter was hospitalized May 13, 2025 at Prisma Health with cerebral degeneration, myeloneuropathy, and B12 deficiency from nitrous oxide use. (Personal testimony)
SC DPH Surveillance Gap
▶ The SC DPH Overdose Biosurveillance Dashboard tracks opioids, fentanyl, stimulants, cocaine, xylazine, benzodiazepines, and methamphetamine. Inhalants are not a tracked category. [3]
▶ The SC DPH 2023 Drug Overdose Report documented 2,157 overdose deaths statewide. Inhalants are not mentioned anywhere in the report. [4]
▶ Dr. Edward Simmer (SC DPH interim director) publicly commented on N2O health risks re: Kershaw County ordinance; indicating leadership awareness that has not translated into surveillance changes. [5]
No SC-specific data on nitrous oxide use among 18-25 year olds exists in any publicly available source. No SC university has published health survey data referencing nitrous oxide.
What Exists (Partial)
▶ NSDUH (SAMHSA): SC state-level tables exist for "inhalant use" by age group 18-25; but inhalants are grouped (glue, aerosols, solvents, nitrous oxide). N2O cannot be isolated. [1] [SC State Tables PDF]
▶ YRBS (CDC): SC participates. The inhalant question asks about "glue, aerosol spray cans, paints or sprays." Does not mention nitrous oxide by name. Covers grades 9-12 only (ages ~14-18). [6] [SC DOE YRBS]
▶ Monitoring the Future: Tracks "whippets" separately in some tables. Smallest geographic unit = South Census Region (16 states + DC). No state-level data. [7] [2025 Report PDF]
▶ ACHA-NCHA: The survey explicitly names "nitrous" in its question stem. But results are not published by state; institution-level data is proprietary. [8] [ACHA Data]
SC Campus-Specific Searches
INSTITUTION
PUBLISHED N2O DATA
CAMPUS POLICE REPORTS
NEWS COVERAGE
University of South Carolina
None found
None found
None found
Clemson University
None found
None found
None found
College of Charleston
None found
None found
None found
Coastal Carolina University
None found
None found
None found
National Baseline
1 in 20
AMERICANS HAVE USED N2O RECREATIONALLY (5%) [3]
2.0%
AGES 18-25 PAST-YEAR INHALANT USE (NATIONAL) [2]
~694K
YOUNG ADULTS 18-25 (NATIONAL ESTIMATE) [2]
RECOMMENDATION: Contact USC SAPE office (sape@sc.edu / 803-777-2532) and Palmetto Poison Center for internal data. Download the SAMHSA SC state tables PDF for the 18-25 inhalant use estimate.
SC does not require a specific retail license for tobacco/smoke shop sales. [1] [6] No authoritative statewide count exists. Best estimate: ~904 specialty tobacco shops (SmartScrapers data). American Lung Association and American Heart Association give SC failing grades on tobacco retail licensure. [1] [6]
Near College Campuses
CAMPUS
SHOPS IDENTIFIED
NOTABLE
LOCAL RESTRICTIONS
USC / Five Points
5+ within walking distance
High Life, Five Points Tobacco, Smokers Town, Natty Vibez, 101 Smoke Shop
1,000-ft buffer ordinance (Feb 2023)
Clemson
6+ in Clemson proper
Wild Side on College Ave (open until 1 AM Fri/Sat)
None identified
College of Charleston
5+ on King St
Wild Side 539 King (open 7:30 AM - 3 AM)
500-ft buffer under consideration
Coastal Carolina / Conway
4+ in Conway area
Happy Glass in University Plaza near campus
Discussed 2019; no ordinance
Municipal Ordinances
▶ Columbia (Feb 2023): 1,000-ft buffer from other smoke shops and K-12 schools/churches/parks. Triggered by Five Points proliferation. First enforcement: Vista vape shop denied license. [4] [Post and Courier]
▶ Forest Acres (2024): 1,000-ft buffer. Residents said shops had "exploded in popularity." [7] [WLTX]
▶ West Columbia (2024-2025): 1,000-ft buffer + hours restricted (must close 7 PM - 9 AM). Passed unanimously. [8] [Post and Courier]
▶ Myrtle Beach (2018): Complete ban in Ocean Blvd Entertainment District. Affected 25 businesses. SC Supreme Court upheld the ban. [9] [WBTW]
Operation Ganjapreneur (December 2025)
SLED + federal partners conducted a statewide enforcement sting targeting vape/smoke shops. Seized 30,000 lbs of illegal products and ~$2 million in assets. [2] [3] Investigators noted ~50 vape/smoke shops within 5 miles of three major military installations in SC. [3]
No publicly available data specifically identifies N2O imports through the Port of Charleston. Cream chargers enter the US as lawful food-grade products with no special customs scrutiny. The most likely pathway into SC is overland trucking from Atlanta, GA.
Port of Charleston
▶ 12th largest US port by import value ($70.9B in 2023). Publishes Top 20 Commodities; "chemicals" is a general category. No N2O-specific data published. [1]
▶ Cream chargers are Class 2.2 Non-Flammable Compressed Gas (UN1070); HS Code 2811.29.30. They clear customs like any other consumer product. [2]
▶ CBP Ruling N273909 confirms the tariff classification of nitrous oxide (CAS # 10024-97-2). [2]
How Product Reaches SC
▶ Atlanta, GA is the primary Southeast distribution hub. Galaxy Gas / SBK International operated from Kennesaw, GA. [6]
▶ National wholesale distributors ship from out-of-state warehouses to SC smoke shops via standard freight.
▶ E-commerce ships directly to SC addresses. No age verification on any major platform. [5]
▶ SC smoke shop owners may self-source by driving to Atlanta-area wholesalers.
No SC-Based Importers Identified
▶ No SC-headquartered company was identified as a direct importer of consumer N2O chargers.
▶ SC does have Airgas branch locations for legitimate industrial/medical N2O supply.
▶ Purple Haze Smoke Shop in Myrtle Beach actively advertises Whip-It chargers; reported 20% sales increase after running commercials. [4]
RECOMMENDATION: Request a USITC DataWeb query for HS 2811.29.30 by Customs District 1601 (Charleston). Free, self-service at dataweb.usitc.gov. This would definitively answer whether N2O enters through Charleston.
No SC-specific poison control data on nitrous oxide is publicly available. The Palmetto Poison Center at USC does not publish substance-specific call data. [4] No published studies from SC on N2O exist.
How to Obtain SC Data
The NPDS (National Poison Data System) collects data by state, county, and zip code. SC-specific N2O data exists in the system but requires a formal request through America's Poison Centers. Contact: poisoncenters.org/npds/analytical-products [3]
Michigan Comparison (Only State With Published Data)
The CDC MMWR published Michigan-specific data (April 2025). This is the only state-level poison center analysis in the country. Michigan's population is ~2x South Carolina's. [1]
METRIC
2019
2023
CHANGE
Poison center cases
10
48
+380%
Emergency Dept visits
7
60
+757%
EMS responses
15
78
+420%
Fatalities (of 192 EMS responses)
14 deaths (7.3%); including 3 suspected suicides
National 22-Year Trend
1,332%
INCREASE IN POISON CENTER N2O CASES (2003-2024) [2]
The SC enforcement record for nitrous oxide is effectively zero. Only two incidents were found where N2O was present; in neither case was N2O itself charged. No SLED cases, no DUI cases, no campus police reports, no solicitor statements.
Incident 1: Michael Sauer (Richland County, April 2023)
▶ Veterinarian from Columbia; owner of Paws & Claws Animal Clinic in Lexington. [1]
▶ Attempted home invasion while hallucinating. Deputies found "very sweaty, agitated and hallucinating." [1]
▶ Deputies found a "large number" of spent N2O canisters in his garage. He admitted to recreational N2O use at hospital. [1]
▶ Charged with first-degree burglary only. No N2O charges filed. [1]
None (undetectable by breath test; eliminated from body in 1-2 minutes) [4]
This is not a failure of law enforcement. It is the absence of a statute. Even when officers directly encounter N2O abuse; they have no N2O-specific charges available. S.751 would give them that tool.
SC's existing inhalant statute covers only "aromatic hydrocarbons" (benzene, toluene, xylene; organic ring compounds found in glue and paint thinner). [1] Nitrous oxide is an inorganic compound (N2O). It contains no carbon, no hydrogen, no ring structure. It is entirely outside the statute's scope.
▶ Covers user conduct only (inhaling/possessing). No provisions regulate sellers, distributors, or retailers. [1]
▶ No age-specific protections. No retail display rules. No labeling requirements. [1]
▶ Zero published appellate case law in 50+ years. The statute appears to be a dead letter. [1]
▶ N2O is not a controlled substance under federal or SC law. Not on any SC schedule. [4]
What S.751 Would Add
DIMENSION
CURRENT LAW (§ 44-53-1110)
S.751 (PROPOSED)
Target substance
Aromatic hydrocarbons only [1]
Nitrous oxide specifically [2]
Covers N2O?
No
Yes
Regulates sellers?
No
Criminal: $100 fine / 30 days
Age restriction?
None
Under 18
Retail display rules?
None
$1,000 / $2,000 civil penalty
Labeling mandate?
None
Ingredients, warnings, age statement
Age verification?
Not required
Failure to check ID is not a defense
Flavored products?
Not addressed
Reportedly banned (per news; unverified in bill text) [3]
Regulatory agency?
None
SC Department of Public Health
Kershaw County Ordinance (Feb 11, 2026)
Kershaw County Council unanimously passed an ordinance restricting N2O and kratom sales. [15] Age threshold: 21 (more restrictive than S.751's 18). Storage behind counter or locked case. Penalty: $500 / 30 days. Sheriff Lee Boan called it a "proactive measure." [15]
Comparison: Canned Air Duster vs. Nitrous Oxide
Canned air duster (1,1-difluoroethane / DFE) is the most commonly abused inhalant sold at retail in the United States. It has killed over 1,000 Americans since 2012 and generated 21,700+ emergency department visits. [13] It is sold in a plain aerosol can at office supply stores. Nitrous oxide is sold in candy-colored, fruit-flavored canisters at smoke shops adjacent to college campuses. The less socially visible inhalant has more regulatory controls.
You have to show ID to buy computer duster at Walmart. [10] You don't have to show ID to buy a strawberry-flavored nitrous oxide canister at a smoke shop in Five Points.
▶ 38 states restrict the sale or distribution of inhalants in ways that cover canned air duster. Approximately 12 states have N2O-specific restrictions. [12] [Drug-Free World — Inhalant Legality]
▶ Minnesota (Minn. Stat. 325F.078; effective Jan 1, 2025) requires canned air duster purchasers to be 21 or older. Product must be kept behind the counter. Limit of 3 cans per transaction. Same-day delivery prohibited. Violation is a misdemeanor. [5] [Minn. Stat. 325F.078]
▶ Oregon (SB 1032; effective Jan 1, 2026) requires purchasers to be 18+; products in secure locations; max penalty 30 days / $1,250. [6] [Oregon SB 1032]
▶ CPSC proposed a federal ban on aerosol duster products (July 2024; Federal Register 89 FR 61363) citing 1,000+ deaths and 21,700+ ER visits. The rule was withdrawn September 2025 under new leadership. [8] No federal ban was ever proposed for recreational N2O. [7] [Federal Register — CPSC Proposed Rule]
▶ Retailer voluntary policies (duster): Walmart requires ID (18+); some locations use locked cases. Target scans driver's licenses at POS. CVS flags for age verification. Office Depot reports 21+ age requirement. Amazon requires 18+ for duster but has no age verification for N2O on the same platform. [10] [NBC News — Retailers and Inhalant Sales]
▶ Bitterant vs. flavoring: Falcon Safety Products added denatonium benzoate (Bitrex) to Dust-Off in 2006 to discourage inhalation. N2O products contain no bitterant or deterrent. They are instead sold with fruit flavors (Strawberry, Mango, Blue Raspberry) that function as the opposite of a deterrent. [9] [CPSC — Bitterant Effectiveness Review]
▶ SC § 44-53-1110 covers neither substance. Difluoroethane is a halogenated aliphatic compound (CAS 75-37-6) [11]; not an aromatic hydrocarbon. N2O is an inorganic compound. Both fall entirely outside the 1972 statute's scope. [1] [PubChem — 1,1-Difluoroethane]
DIMENSION
CANNED AIR DUSTER (DFE)
NITROUS OXIDE (N2O)
Age restriction
21 (Minnesota); 18 (Oregon, NJ, others); 38 states with some restriction
~12 states with N2O-specific restrictions; SC has none
FDA issued 2 advisories (2025); zero enforcement actions; GRAS with "no limitations"
States with restrictions
~38
~12
Labeling
"DO NOT INHALE" warnings standard; NJ requires POS warning signs
No abuse-deterrent labeling; flavors listed on front of packaging
Penalty range (sale to minors)
$100 fine (CT) to state jail felony (TX)
$100 / 30 days (SC S.751) to $25,000 / 1 yr (LA); felony in GA, FL
National deaths
1,039 (2012–2021; CPSC) [13]
1,240 (2010–2023; JAMA) [14]
SC statute coverage
Not covered by § 44-53-1110
Not covered by § 44-53-1110; S.751 would be first
ROOT CAUSE
Canned air duster entered mainstream retail channels (Walmart, Target, Office Depot) where corporate liability exposure drove voluntary ID policies, locked cases, and bitterant reformulation — which then created momentum for state legislation in 38 states. Recreational N2O entered through independent smoke shops under FDA GRAS food-grade classification (21 CFR § 184.1545; "no limitations other than current good manufacturing practice"), bypassing the entire inhalant regulatory framework that had developed around hardware-store and office-supply products.
NOTE: This comparison is not an argument against S.751. It is context. If S.751 is enacted; nitrous oxide would be more regulated in SC than the most commonly abused retail inhalant in the country. That is appropriate given the pace of N2O growth. But the committee should be aware that SC's inhalant regulatory framework has structural gaps beyond nitrous oxide; the 1972 statute covers a class of chemicals (aromatic hydrocarbons) that no longer represents the primary abuse threat.
▶ Georgia border: GA already has felony-level penalties. Risk is minimal; GA is stricter. In fact; GA residents could cross into SC for easier access. [2]
▶ North Carolina border: NC does NOT name N2O; relies on ambiguous catch-all. This is the concerning border. SC minors could drive to NC on I-85, I-77, or I-95 to purchase without restriction. [6]
▶ Online sales: The largest circumvention pathway regardless of neighboring states. S.751 does not address online sales. [2]
States Actively Expanding (2026)
▶ Virginia SB 360: Expanding from minors-only to ALL persons. Passed Senate 39-0 (unanimous). Pending House floor. [7]
▶ Louisiana SB 98 (2025): Raised age from 18 to 21. Increased fines 10x ($2,500 to $25,000). Added license revocation. Targeted flavored products with rebuttable presumption. [8]
The consistent finding across all eight research categories is the same: South Carolina has no publicly accessible, state-specific data on nitrous oxide. This is a systemic surveillance gap; not evidence that the problem does not exist.
Surveys group all inhalants; no N2O breakout at state level
Smoke shop count
No official count
SC does not require tobacco retail licenses
Supply chain
No port-level data
N2O enters as lawful food-grade product; no special tracking
Poison control
Not public
Data exists in NPDS but requires formal request
Law enforcement
Zero actions
No statute provides a chargeable offense for N2O
Regulatory
1972 statute mismatched
§ 44-53-1110 covers aromatic hydrocarbons; N2O is inorganic
The absence of data is not the absence of harm. It is the absence of measurement. South Carolina is legislating on S.751 without state-specific injury data because that data is not being collected.
Recommended Actions for the Committee
▶ Request SC Poison Center data: Contact Palmetto Poison Center at USC for a retrospective query of N2O calls (2019-2025). Contact America's Poison Centers for a custom NPDS query.
▶ Request SC DPH action: Add inhalant-related ED visits to the Overdose Biosurveillance Dashboard. Direct the Public Health Lab to include N2O-relevant biomarkers in postmortem toxicology.
▶ Request USITC DataWeb query: HS 2811.29.30 by Customs District 1601 (Charleston) for port-level import data.
▶ Request SLED/AG Operation Ganjapreneur data: Their December 2025 sting likely has the most current smoke shop inventory in the state.
▶ Download SAMHSA SC tables: The 2022-2023 NSDUH South Carolina PDF has the best available inhalant use estimate for ages 18-25.
▶ Consider S.751 companion provisions: Mandate SC DPH to track inhalant ED visits. Require poison center reporting. Coordinate with SC Coroners Association on N2O-specific death coding.
▶ Address the penalty gap: S.751's $100 fine is the lowest of any comparable state. Louisiana: $25,000. Florida: $5,000. Georgia: $10,000. Consider whether this provides sufficient deterrence.
▶ Address online sales: S.751 focuses on retail. E-commerce ships N2O to SC addresses with no age verification. This is the largest circumvention pathway.
BOTTOM LINE FOR THE COMMITTEE
South Carolina currently has no law that specifically addresses nitrous oxide. The 1972 inhalant statute covers a different class of chemicals. Law enforcement officers who encounter N2O abuse have no charges available. The state's overdose surveillance system does not track inhalants. No SC hospital has published a case report. No SC coroner has publicly attributed a death to N2O. No prosecutor has issued a statement.
This is not because the problem does not exist in South Carolina. Nationally; N2O deaths are up 578%. Poison center cases are up 1,332% over 22 years. One in twenty Americans has used N2O recreationally. Smoke shops selling these products operate within walking distance of every major SC campus.
S.751 would be the first SC law to specifically address nitrous oxide. Every comparable Southern state except North Carolina already has one. Louisiana found its initial approach insufficient and returned to strengthen it. Virginia is expanding from minors to all persons; passing the Senate 39-0.
The question is not whether South Carolina needs this legislation. The question is whether S.751 goes far enough.
Research compiled February 14, 2026. All URLs verified at time of research. No inferences presented as facts. Where SC-specific data does not exist; the absence is documented. National data is clearly labeled as national. Analytical inferences are explicitly identified. This document is not legal advice.
Prepared in support of SC Senate Bill S.751 — "Prohibition of Sale of Nitrous Oxide to Minors"