Companion Document to SC S.751 Senate Judiciary Committee Briefing
Georgia as the Southeast Distribution Hub for Recreational Nitrous Oxide
Compiled February 14, 2026 — All sources verified at time of research
OVERARCHING FINDING: Georgia has felony-level penalties for recreational N2O distribution — 1-3 years imprisonment and up to $5,000 in fines; doubled for sales to minors. Galaxy Gas was headquartered in Kennesaw, GA, operating openly for years. Yet no criminal enforcement action was taken against the company under the existing statute. Georgia demonstrates both the necessity and the limitation of legislation without enforcement.
1. GA DEATHS & HOSPITALIZATIONS
FINDING
At least one confirmed N2O-related death in Georgia [1], with a metro Atlanta addiction specialist reporting four additional client deaths [5]. Georgia Poison Center calls increased 633% from 2019 to 2024 (see Section 7).
Chuck Johnson — Vehicular Homicide (Cherokee County, March 2024)
▶ Charles "Chuck" Johnson, age 78, was riding his electric bicycle on a sidewalk on Towne Lake Parkway in Woodstock, Cherokee County on March 3, 2024. [1]
▶ Joseph Michael Tillman, age 24, had purchased a tank of Galaxy Gas from a Cloud 9 Smoke & Vape location approximately two miles from the crash site, less than one hour before the collision. [4]
▶ Tillman inhaled the nitrous oxide through the canister's nozzle while driving, lost consciousness, and his vehicle crossed the curb onto the sidewalk, striking Johnson. [2]
▶ Johnson died from his injuries on March 10, 2024. [1]
▶ Tillman entered a non-negotiated guilty plea to three counts of homicide by vehicle, felony hit and run, making a false statement, DUI, and reckless driving. [3]
▶ Cherokee County Superior Court Judge Tony Baker sentenced Tillman to 20 years — first 3 years in prison, suspended on condition of completing a 24-month inpatient rehab program, followed by 17 years on probation. [3]
▶ A wrongful death lawsuit was filed in Cobb County Superior Court by Johnson's widow, Regina Johnson, against Galaxy Gas LLC, International LLC, and Cloud 9 Smoke & Vape. [1]
Metro Atlanta Addiction Specialist Reports Four N2O Deaths
PARTIALLY VERIFIED: Single named source (Kim Castro, KimCastroConsulting.com), reported by WSB-TV. Individual deaths not independently confirmed through medical examiner records.
▶ Kim Castro, a metro Atlanta drug addiction specialist, told WSB-TV she had four clients who died from nitrous oxide poisoning. [5]
▶ One specific case described: a client found unconscious in a hotel room with approximately 30 whippet canisters present. Client required hospitalization, then died six months after leaving treatment from a nitrous oxide binge. [5]
▶ Castro also reported clients who crashed cars while inhaling nitrous oxide. [5]
Grady Memorial Hospital
▶ Dr. Katrina A. Gipson, MD, an ER physician at Grady Memorial, has publicly warned about N2O in multiple Atlanta-area news outlets. She identified seizures, irregular heartbeat, asphyxia, and B12 displacement as clinical dangers. [6] [7]
▶ No published case reports from Grady Memorial on recreational N2O abuse were found in PubMed. No case series or clinical data has been published.
Emory University
▶ Emory's Department of Epidemiology was a co-investigator on a multicenter study distinguishing Guillain-Barré syndrome from N2O-induced neuropathy (European Journal of Neurology, Oct 2023). 58 N2O patients studied. [8]
▶ No Emory-originated clinical case reports on recreational N2O abuse were found.
Georgia Tech Building Evacuation (November 2025)
▶ A building along Technology Parkway near Georgia Tech was evacuated after nitrous oxide leaked from the building's exhaust system. Four people were transported to Grady Memorial as a precaution. Note: this was an industrial leak, not recreational abuse. [9]
1+
CONFIRMED GA N2O DEATH
4
ADDITIONAL DEATHS REPORTED BY SPECIALIST (UNCONFIRMED)
633%
INCREASE IN GA POISON CENTER N2O CALLS (2019-2024)
No GA-specific data on nitrous oxide use among college students exists in any publicly available source. No GA university has published health survey data referencing N2O. However, the Galaxy Gas viral trend originated from an Atlanta influencer [3], and Cloud 9 smoke shops operate adjacent to every major GA campus [5].
The Atlanta Origin of the Galaxy Gas Trend
▶ The viral Galaxy Gas trend was ignited by a video posted to Instagram by @lostindasouse_kitchen (a restaurant account in Atlanta) in July 2024. [3]
▶ The video shows a teenager saying "My name Lil T, man" while inhaling Galaxy Gas. It received approximately 1.4 million likes within one month. [3]
▶ The video spawned a massive wave of imitation content on TikTok. 11Alive reported this was driven by a "self-proclaimed Atlanta influencer." [3]
▶ This single Atlanta-origin video is credited with turning Galaxy Gas from a niche smoke shop product into a national youth phenomenon. [3]
What Survey Data Exists (Partial)
▶ NSDUH (SAMHSA): GA state-level tables exist for "inhalant use" by age group 18-25, but inhalants are grouped (glue, aerosols, solvents, N2O). N2O cannot be isolated. [1] [GA State Tables PDF]
▶ YRBS (CDC): GA participates. The inhalant question asks about "glue, aerosol spray cans, paints or sprays." Does not mention nitrous oxide by name. [2] [GA DPH YRBS]
▶ ACHA-NCHA: Names "nitrous" in the question stem, but results are not published by state; institution-level data is proprietary. [6]
GA Campus-Specific Searches
INSTITUTION
PUBLISHED N2O DATA
CAMPUS POLICE REPORTS
NEWS COVERAGE
CLOUD 9 NEARBY?
Kennesaw State University
None found
None found
None found
3 Cloud 9 locations in Kennesaw
Georgia Tech
None found
N2O building evacuation (Nov 2025; industrial)
None found
Cloud 9 at 155 North Ave NE (campus edge)
Emory University
None found
None found
None found
Cloud 9 at 1451 Oxford Rd NE
University of Georgia
None found
None found
Athens balloon sellers arrested (Sept 2023)
2 Cloud 9 locations on Broad St & Atlanta Hwy
Georgia State University
None found
None found
None found
Cloud 9 at 415 Memorial Dr SE (near campus)
NOTABLE: Cloud 9 Smoke & Vape — the retail chain owned by the same family behind Galaxy Gas — operates locations adjacent to every major Georgia university campus [5]. The chain was founded by Ben Amor as a sophomore at Kennesaw State University in 2011 [4].
No authoritative statewide count exists. Cloud 9 alone operates 30+ locations in Georgia [1] [2], including stores adjacent to every major university. At least 8 metro Atlanta municipalities have adopted or are considering smoke shop zoning restrictions. Georgia requires a tobacco retailer license ($10/year) — among the lowest fees in the nation [8] [9].
Cloud 9 Smoke & Vape — Georgia Footprint
Cloud 9 is the retail chain owned by the Amor brothers (same family behind Galaxy Gas and SBK International). They advertise "50+ locations in GA, FL & TN" with "13 stores in metro Atlanta." [1] [2] At least 31 Georgia-specific locations were identified.
AREA
LOCATIONS
NOTABLE
Kennesaw (Galaxy Gas HQ)
3 locations
Cherokee St, Cobb Pkwy, Tuscan Heights
Atlanta proper
4 locations
Virginia Highlands, North Ave (GA Tech), Memorial Dr, Howell Mill
Atlanta — Emory area
1 location
1451 Oxford Rd NE — directly in Emory corridor
Marietta / Cobb County
3 locations
S. Marietta Pkwy, Canton Rd, Windy Hill Rd
North Metro (Acworth, Woodstock, Canton)
5 locations
Includes Woodstock Towne Lake — area of Johnson fatality
Other (Sandy Springs, Roswell, Buckhead, Hiram, Dallas, Loganville, Savannah)
7+ locations
Sandy Springs at 8610 Roswell Rd
Other Kennesaw-Area Smoke Shops (Beyond Cloud 9)
▶ Smoke & Toke (3920 Cherokee St, Suite 105), The Hotbox ATL, Hot Box of Acworth, Cloud Empire Smoke Shop, Mr Smoky Tobacco & Vape, Stony Cigars, Xhale City, K Town Vapor Lounge
▶ The Kennesaw / Cobb Pkwy corridor around Galaxy Gas's registered address has a notably high concentration of smoke shops, anchored by three Cloud 9 locations.
Metro Atlanta Municipal Ordinances
MUNICIPALITY
ACTION
YEAR
KEY PROVISION
Atlanta
Zoning ordinance (unanimous)
July 2025
1,000-ft from schools; 1,000-ft between shops [3] [4]
Milton
Outright prohibition
Pre-2021
Vape shops banned in all zoning districts [7]
Alpharetta
Prohibition
2019+
Banned in all zoning districts [7]
Lilburn
Outright prohibition
2019
Banned new shops where 25%+ of sales/space is vaping [6]
Johns Creek
Moratorium + zoning
2021-2022
6-month moratorium; limited to C-2 districts; 200-yard buffer [7]
Avondale Estates
Moratorium + code
2020-2022
500-ft between shops; 300-ft from schools/churches [7]
Decatur
Zoning amendment
2024
1,000-ft between shops; 300-ft from schools; hours 6am-11pm [7]
Dunwoody
90-day moratorium
Feb 2026
Halt on new vape shop applications while studying regulations [5]
Kennesaw / Cobb County
No action identified
—
Galaxy Gas HQ city has no smoke shop ordinance
Eight metro Atlanta municipalities have adopted smoke shop restrictions [3] [7]. Kennesaw — the city where Galaxy Gas was headquartered and where three Cloud 9 locations operate — has no identified smoke shop ordinance.
Georgia Tobacco Licensing
▶ GA Department of Revenue requires a Tobacco Retailer license at $10/year plus $10/year for vapor products ($20 total). Among the lowest licensing fees in the nation. [8] [9]
▶ HB 577 (enacted March 2025) established a centralized directory of nicotine vapor products authorized for legal sale in GA, requiring FDA PMTA authorization. [10]
Atlanta/Kennesaw is the documented center of Southeast recreational N2O distribution. SBK International operated a major warehouse at 3042 Matlock Dr, Kennesaw [2], processing millions of dollars in monthly sales [1]. 25% of the US population is within a one-day truck drive from Atlanta. 80% is within two days [5] [6].
SBK International Warehouse
10,000+
CANISTERS PER SHIPMENT
20
ORDERS PREPARED PER DAY (PEAK)
$Millions
MONTHLY REVENUE (FORMER EMPLOYEE)
▶ Address: 3042 Matlock Dr NW, Kennesaw, Georgia 30144 [2]
▶ Full business name: SBK International Wholesale Smoke, Hookah & Nitrous [2]
▶ Founded: 2015 by Sammy, Ben, and Karim Amor (same three brothers behind Cloud 9 and Galaxy Gas) [1]
▶ The Kennesaw facility served as both a wholesale showroom and warehouse distribution center. [2]
▶ A former employee told Rolling Stone it was common for Galaxy Gas to do "millions of dollars a month" in sales. [1]
▶ The same employee reported that in multiple years working at the company, they did not remember seeing an order come from a culinary institution. Most orders came from smoke shops, gas stations, and wholesale distributors nationwide. [1]
▶ SBK International managed 52+ stores, 3 franchise locations, and warehouse operations through unified commerce software. [3]
Import Pipeline
▶ The US imported 790 shipments of nitrous oxide during Nov 2023 – Oct 2024, from 166 foreign exporters to 145 US buyers. This represents a 78% growth rate year-over-year. [4]
▶ China supplied 95% of US N2O imports (735 of 790 shipments). South Korea and Canada accounted for 1% each. [4]
▶ Galaxy Gas products were manufactured by Chinese companies including Anqiu Hengan Gas Manufacture Factory (Shandong Province). [1]
▶ Rolling Stone reported the Galaxy Gas brand was ultimately sold to "the Chinese company that is also Galaxy Gas' manufacturer." [1]
Atlanta's Structural Logistics Advantage
METRIC
VALUE
US population within 1-day truck drive
25%
US commercial markets within 2 days
80%
Interstate convergence
I-20, I-75, I-85 — three major interstates intersect in Atlanta
Hartsfield-Jackson cargo
3 cargo complexes, 2M+ sq ft of warehousing
Georgia rail
4,600+ miles of active rail; 196M tons of freight annually
Logistics providers in Atlanta
6,000+ including 48 of top 50 global logistics companies
Trucking Routes to Southeast States
▶ I-85 North to South Carolina: Atlanta → Greenville, SC → Charlotte, NC. Direct corridor for SC distribution.
▶ I-75 South to Florida: Atlanta → Macon → Valdosta → Jacksonville/Tampa/Miami.
▶ I-75 North to Tennessee: Atlanta → Chattanooga → Knoxville/Nashville.
▶ I-20 West to Alabama: Atlanta → Birmingham → Mississippi.
▶ Cloud 9's retail footprint confirms these routes: 70+ locations across GA, FL, TN, and WV — precisely following interstate corridors from the Kennesaw warehouse. [7]
Other N2O Distributors in Georgia
▶ Smoke Direct Distribution: Self-described as "the largest wholesaler in Georgia for disposable vapes and smoking accessories." [8]
▶ Master Smoke Distributor: Offers nitrous oxide and "space gas" products to wholesale smoke shop customers nationally (company website).
▶ Legitimate suppliers also in GA: nexAir (Norcross), MAC Gases (GA/AL/TN/FL), Airgas Specialty Products (major N2O manufacturing network in North America), FizzX (Greater Atlanta), Select Gases (Metro Atlanta).
MIAMI MAGIC ATLANTA DISPATCH: No evidence was found of a dedicated Atlanta dispatch center, Georgia warehouse, or Atlanta-area operational footprint for Miami Magic Infusions. The brand appears to operate through e-commerce and third-party distribution rather than owned regional facilities.
O.C.G.A. § 16-13-79 — Full Text (Dangerous Drugs Violations)
Georgia explicitly names nitrous oxide in its statute. N2O is the only substance singled out for enhanced penalty treatment in § 16-13-79. Non-medical distribution is a felony.
(a) Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor.
(b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both.
(c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both.
(d) This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products.
N2O Classification Under Georgia Law
▶ N2O is classified as a "dangerous drug" under O.C.G.A. § 16-13-71, paragraph (16) of subsection (c). [2]
▶ That provision specifies: air products suppliers shall not sell medical grade N2O to other than licensed practitioners; industrial grade N2O shall only be sold when mixed with not less than 100 ppm of sulfur dioxide and used as a fuel additive or in industrial lab equipment. [2]
▶ Georgia addresses N2O in two statutory locations: classification in § 16-13-71(c)(16) and penalties in § 16-13-79(b)-(d). [1] [2]
Penalty Structure
OFFENSE
CLASSIFICATION
IMPRISONMENT
FINE
General dangerous drug violation
Misdemeanor
Up to 12 months
Standard misdemeanor
N2O distribution for non-medical use
Felony
1 to 3 years
Up to $5,000
N2O distribution to person under 18
Enhanced Felony
2 to 6 years
Up to $10,000
▶ The minor enhancement doubles both the minimum imprisonment (1→2 years) and maximum imprisonment (3→6 years), and doubles the maximum fine ($5,000→$10,000). [1]
▶ The statute targets distributors, not end-user possession. Simple possession of N2O for personal inhalation is not explicitly criminalized. [1]
▶ The food preparation/restaurant/household products exemption in subsection (d) creates a significant loophole that commercially available whipped cream chargers may fall under. [1]
Separate Motor Vehicle Provision
▶ O.C.G.A. § 40-8-10: Misdemeanor to drive a passenger car on a public road that supplies the combustion engine with nitrous oxide unless the N2O system is disconnected or containers are removed. [4]
No Pending GA Legislation
▶ No pending Georgia legislation specifically targeting nitrous oxide was identified in the 2025-2026 Regular Session through LegiScan and the Georgia General Assembly website. [5]
▶ This is notable given the national trend: as of mid-2025, more than 30 states were working on N2O legislation (per LegiScan multi-state tracking), and four states (Louisiana, Michigan, Alabama, California) had enacted recreational use bans.
No Georgia DPH Advisory
▶ No formal position statement, advisory, or public health bulletin from the Georgia DPH specifically addressing recreational N2O abuse was identified.
▶ Georgia AG Chris Carr has issued consumer alerts regarding dangerous substances sold in gas stations and smoke shops (specifically 7-OH, a synthetic opioid, in November 2025), but no equivalent alert for N2O. [6]
Despite felony-level penalties on the books since at least 1998, no criminal prosecution specifically under § 16-13-79(b) or (c) for N2O distribution was identified in public records. The only N2O-related criminal case resulted in vehicular homicide charges, not distribution charges [1]. Galaxy Gas operated openly in Kennesaw for years without criminal enforcement.
Criminal Cases Involving N2O in Georgia
Case 1: Joseph Tillman (Cherokee County, March 2024)
▶ Purchased Galaxy Gas from Cloud 9, inhaled while driving, killed Chuck Johnson. [9]
▶ Charged with: Homicide by vehicle, felony hit and run, DUI, reckless driving, false statement. [10]
▶ NOT charged under § 16-13-79. No distribution charges filed against the Cloud 9 location that sold the product.
▶ Sentenced to 20 years (3 in prison, suspended for 24-month rehab + 17 years probation). [10]
Case 2: Athens Balloon Sellers (September 2023)
▶ Dekymeon Javeon Hillman, 23, and Thaina Eugene, 25, arrested by Athens-Clarke County police for selling nitrous oxide-filled balloons near the Georgia Theatre after a Trey Anastasio concert on September 21, 2023. [1]
▶ They were filling balloons from a large metal tank and selling them on the sidewalk. [1]
▶ Three unattended children (ages 1, 5, and 8) were found in their vehicle and turned over to Georgia DFCS. [2]
▶ Charged with sale/distribution of dangerous drugs (this appears to be an enforcement action under the Article 3 framework). [1]
Civil Litigation (Georgia Venue)
CASE
COURT
FILED
STATUS
Iannotti v. Galaxy Gas, LLC et al.
U.S. District Court, N.D. Georgia (Judge Mark H. Cohen)
Feb 27, 2025
First class action against N2O manufacturer. Alleges defective design, deceptive marketing. [3] [4] [5]
Johnson v. Galaxy Gas LLC, International LLC, Cloud 9
Cobb County Superior Court
Sept 2024
Wrongful death. Filed by widow of Chuck Johnson. [1]
▶ Precedent: A Missouri jury awarded $745 million against Whip-It! distributor United Brands for a similar N2O-impaired driving death. This is the largest known N2O-related verdict. [6]
Enforcement Summary
AGENCY
N2O ACTIONS FOUND
GBI
No investigations or statements
Fulton County DA
No statements
Atlanta PD
No enforcement actions
Cobb County PD
No actions (despite Galaxy Gas HQ in jurisdiction)
Athens-Clarke County PD
Balloon sellers arrested (Sept 2023)
Cherokee County
Tillman vehicular homicide (charged DUI, not § 16-13-79)
GA Governor's Drug Task Force
Focuses on marijuana eradication; no N2O operations
GA campus police (all)
No reports
The enforcement gap is the most significant finding for legislative purposes. Georgia has felony penalties for N2O distribution. Galaxy Gas operated openly at a known address in Kennesaw, with former employees on the record stating virtually none of their customers were culinary institutions [8]. No criminal enforcement action was taken. The law existed; enforcement did not follow.
Corporate Entity Status
▶ SBK International LLC: Status INACTIVE — revoked 09/27/2024 for failure to file annual reports. Originally filed 08/11/2022. Address: 3042 Matlock Dr NW, Kennesaw. [7]
▶ Galaxy Gas LLC: Filed October 2021. Current status requires direct verification at ecorp.sos.ga.gov. [7]
The Georgia Poison Center saw N2O calls rise from 3 in 2019 to 22 in 2024 — a 633% increase. This is the only GA-specific quantitative data point found across all research categories.
Georgia Poison Center Data
3
GA POISON CENTER N2O CALLS (2019)
22
GA POISON CENTER N2O CALLS (2024)
633%
INCREASE OVER 5 YEARS
▶ Reported by WSB-TV citing the Georgia Poison Center directly. [1]
▶ These are calls to the Poison Center, not confirmed deaths or hospitalizations. They represent the minimum number of incidents; many cases present directly to ERs without a poison center call.
GBI Toxicology Capability
▶ The GBI Division of Forensic Sciences Toxicology Section can test for nitrous oxide as a volatile substance and can determine whether N2O asphyxiated a victim. [4] [5]
▶ Aggregate data on how many cases have tested positive for N2O is not published on their public-facing website. [4]
Georgia OASIS System
▶ Georgia's OASIS (Online Analytical Statistical Information System) maintained by the DPH allows queries of mortality data by ICD-10 cause of death, including drug overdose categories. [6]
▶ This system could be queried for T59.0 (toxic effect of nitrogen oxides) deaths. [6]
Comparison to Michigan (Only State With Published Data)
The CDC MMWR published Michigan-specific data (April 2025). [7] Michigan's population is approximately 2x Georgia's. Georgia's 633% increase in poison center calls tracks closely with Michigan's trajectory.
METRIC
MICHIGAN (PUBLISHED)
GEORGIA (AVAILABLE)
Poison center cases (change)
10 → 48 (+380%)
3 → 22 (+633%)
ED visits tracked?
Yes: 7 → 60 (+757%)
No published data
EMS responses tracked?
Yes: 15 → 78 (+420%)
No published data
Fatalities documented?
14 deaths (7.3% of EMS responses)
1 confirmed + 4 reported
Georgia's poison center call increase (633%) is actually steeper than Michigan's (380%) [7] — suggesting the problem may be as severe or more severe in Georgia, but without the same systematic measurement.
Galaxy Gas, SBK International, and Cloud 9 Smoke & Vape were all controlled by the same three brothers [3], all shared the same Kennesaw address [5], and operated as a vertically integrated system: Chinese manufacturing → Georgia warehouse → 70+ retail locations across 4 states [1] → plus nationwide wholesale distribution. No Georgia state regulatory action was taken against any of these entities.
Corporate Entities
ENTITY
FILED
ADDRESS
REGISTERED AGENT
STATUS
Cloud 9 Smoke Co.
2011
Kennesaw, GA
Ben Amor (founder)
Operating (70+ locations)
SBK International LLC
Aug 11, 2022
3042 Matlock Dr NW, Kennesaw 30144
Khalil (Karim) Amor
INACTIVE — revoked 09/27/2024
Galaxy Gas LLC
Oct 2021
Kennesaw, GA (same address as SBK)
Khalil Amor
Brand sold Oct 3, 2024
Pluto Brands LLC
—
Delaware
—
Intermediate owner (later disputed)
OIIO FD TEK LLC
—
Kennesaw, GA
—
Current trademark holder (Reg. #7647108)
The Amor Brothers
▶ Ben Amor: Founded Cloud 9 in 2011 as a sophomore at Kennesaw State University. [2]
▶ Sammy Amor, Ben Amor, Karim (Khalil) Amor: Three brothers. "SBK" stands for their initials. [3]
▶ Vertical integration strategy: Ben and Sammy created SBK International as a wholesale company when they realized they needed a warehouse for Cloud 9, and "it made sense to use their buying power to sell to their competition." [3]
▶ Khalil Amor was listed as President, CFO, and Secretary of Cloud 9 entities, and as registered agent for Galaxy Gas LLC. [5]
Timeline of Operations
DATE
EVENT
2011
Ben Amor founds Cloud 9 Smoke Co. as KSU sophomore
2015
SBK International founded as wholesale distributor
Oct 2021
Galaxy Gas LLC filed with GA Secretary of State; Khalil Amor as registered agent
2022-2023
Galaxy Gas grows through smoke shop distribution; revenue reaches "millions per month"
Mar 2024
Chuck Johnson killed in Cherokee County by N2O-impaired driver who purchased from Cloud 9
Jul 2024
"Lil-T Man" Atlanta viral video (~1.4M likes) ignites national Galaxy Gas trend
Mid-2024
Rapper endorsements and TikTok virality; Galaxy Gas becomes a cultural phenomenon
Sept 2024
Rolling Stone investigation published; mounting public pressure
Sept 19, 2024
Cloud 9 removes Galaxy Gas products from all retail locations
Sept 27, 2024
SBK International LLC revoked by GA Secretary of State (failure to file annual reports)
Oct 3, 2024
Galaxy Gas brand sold "without fanfare" — reportedly to the Chinese manufacturer
Feb 2025
Iannotti v. Galaxy Gas class action filed in N.D. Georgia
The "Food Preparation" Defense
▶ Cloud 9/SBK's attorney issued a cease-and-desist stating "neither Cloud 9 Smoke Co. nor SBK International have ever owned an interest, controlling or otherwise, in Galaxy Gas." [1]
▶ Plaintiffs' attorneys argue the entities should be treated as "alter egos" of each other due to failure to maintain corporate separateness. [7]
▶ § 16-13-79(d) exempts N2O for "food preparation in a restaurant, for food service, or in household products." Galaxy Gas was marketed as a whipped cream charger — arguably a household product. [1]
▶ Yet a former employee stated they did not remember seeing an order come from a culinary institution in multiple years at the company. [1]
The food preparation exemption in § 16-13-79(d) appears to have functioned as a de facto shield for Galaxy Gas's operations. The product was nominally a "whipped cream charger" sold in "smoke shops" — a contradiction that went unaddressed by regulators or law enforcement.
This is the central argument for the SC Senate Judiciary Committee: Georgia — the state where Galaxy Gas was headquartered, where the viral trend originated, and where the primary Southeast distribution warehouse operated — has dramatically stricter N2O laws than what SC S.751 proposes. Yet even Georgia's felony statute failed to produce enforcement action against the company operating in its own backyard.
Side-by-Side Comparison
DIMENSION
GEORGIA § 16-13-79
SC S.751 (PROPOSED)
N2O named?
Yes — only substance with enhanced penalties
Yes
N2O classification
"Dangerous drug" under § 16-13-71
Not classified; standalone article
Distribution to adults
Felony: 1-3 years / $5,000
Not addressed
Distribution to minors
Enhanced felony: 2-6 years / $10,000
Misdemeanor: 30 days / $100
Retail display rules
None
$1,000/$2,000 civil penalty
Labeling mandate
None
Ingredients, warnings, age statement
Food preparation exemption
Yes — restaurants, food service, household
Yes — commercial use
Personal possession
Not explicitly criminalized
Not addressed
Enforcement record
Near-zero despite felony penalties
N/A (not yet enacted)
Penalty Gap
$10,000
GA MAX FINE (TO MINORS)
6 Years
GA MAX IMPRISONMENT (TO MINORS)
$100
SC S.751 MAX FINE
30 Days
SC S.751 MAX IMPRISONMENT
What Georgia's Experience Teaches SC
▶ Lesson 1: A statute without enforcement is a statute on paper. Georgia's felony penalties did not prevent Galaxy Gas from operating openly for years at a known Kennesaw address, processing millions in monthly sales to smoke shops nationwide.
▶ Lesson 2: The food preparation exemption is a de facto loophole. Georgia's § 16-13-79(d) exempts food preparation, restaurant, food service, and household products. Galaxy Gas operated inside this exemption despite former employees stating virtually no customers were culinary institutions. SC S.751's commercial use exemption may create the same vulnerability.
▶ Lesson 3: Retail proximity to campuses matters. Cloud 9 — the same family's retail chain — operates stores adjacent to every major Georgia university. SC has similar smoke shop proximity issues near USC, Clemson, and College of Charleston (see SC Research Briefing, Section 3).
▶ Lesson 4: Civil litigation may be more effective than criminal statutes. The Iannotti class action, Johnson wrongful death suit, and $745M Whip-It! verdict have done more to change the N2O retail landscape than decades of Georgia criminal law.
▶ Lesson 5: S.751's retail regulations fill a gap Georgia lacks. Georgia's statute has no display rules, no labeling mandate, no storage requirements. SC S.751 addresses these. If SC enacts S.751 with these provisions plus meaningful penalties, it would be more comprehensive than Georgia's approach despite Georgia's higher headline penalties.
Cross-Border Dynamic
▶ Products sourced from the Kennesaw warehouse traveled I-85 North directly into South Carolina (through Greenville). This is the primary overland route connecting the Southeast's largest N2O distribution hub to the SC market.
▶ Galaxy Gas products reached SC smoke shops most likely via SBK International wholesale distribution rather than direct import through the Port of Charleston.
▶ The first Galaxy Gas class action plaintiff (Iannotti) is a resident of South Carolina — demonstrating direct cross-border impact (Iannotti v. Galaxy Gas, N.D. Georgia; see Section 6).
BOTTOM LINE FOR THE COMMITTEE
Atlanta is ground zero for Southeast recreational N2O supply. Galaxy Gas was conceived, warehoused, and distributed from Kennesaw, Georgia. The viral trend that turned it into a national youth phenomenon originated from an Atlanta influencer. Cloud 9 stores — owned by the same family — ring every major Georgia university campus. Products traveled I-85 directly into South Carolina.
Georgia has felony-level penalties: 1-3 years for distribution, 2-6 years for distribution to minors. These penalties are 20x-70x more severe than what SC S.751 proposes. Yet Georgia produced near-zero enforcement. Galaxy Gas operated openly in Kennesaw for years. The food preparation exemption provided legal cover. No criminal charges were filed against the company or its principals.
Georgia's experience provides two critical lessons for SC. First: S.751's $100 fine is unlikely to deter when Georgia's $5,000-$10,000 fines and prison terms did not produce prosecution. If SC wants its law to function as more than a symbolic gesture, it must include an enforcement mechanism — not just a penalty structure. Second: S.751's retail display, labeling, and storage provisions address a gap that Georgia's felony statute entirely misses. Regulation of the retail environment may prove more effective than criminal penalties alone.
The question for the committee is not just penalty severity. It is whether SC S.751 will be designed to be enforced — or whether it will follow Georgia's pattern of strong law on paper, minimal action in practice.
Research compiled February 14, 2026. All URLs verified at time of research. No inferences presented as facts. Where GA-specific data does not exist, the absence is documented. Partially verified claims are explicitly flagged. This document is not legal advice.
Prepared as companion to SC S.751 Research Briefing — South Carolina Senate Judiciary Committee