South Carolina Lawmaker Proposes Crackdown on 'Whip-Its' Sales

Bill would ban flavored nitrous oxide products and impose new restrictions on retailers

Published on Feb. 11, 2026

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State Senator Ed Sutton is pushing to amend South Carolina's laws to crack down on the retail sale of nitrous oxide used recreationally in the form of "whip-its". The proposed bill, S. 751, would define terms to include nitrous oxide, create offenses for selling or providing it to minors, and impose civil penalties on retailers for displaying or storing nitrous oxide where minors can access it. The bill aims to reduce youth access and ensure accountability while protecting lawful medical, culinary, and industrial uses of the gas.

Why it matters

Nitrous oxide, or "whip-its", has become a growing concern due to its potential to cause severe neurological and psychiatric symptoms with repeated recreational use, especially among young people. This legislation seeks to address the issue of how these products are marketed and sold in a way that makes them attractive to minors.

The details

Sen. Sutton's bill would amend South Carolina's code of law to define terms related to nitrous oxide, create the offense of selling or providing it to minors, and impose civil penalties on minors who misrepresent their age to purchase it as well as on retailers who display or store it where minors can access it. Flavored nitrous oxide products like "Galaxy Gas" would be banned, while access would still be allowed for medical, culinary, and industrial uses under stricter verification and recordkeeping rules.

  • The bill, S. 751, was prefiled in December and referred to the Committee on Judiciary in January.

The players

Ed Sutton

A state senator in South Carolina who is sponsoring the bill to crack down on the retail sale of nitrous oxide used recreationally as "whip-its".

Russell Ott

A Midlands-area state senator who is also sponsoring Sen. Sutton's bill.

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What they’re saying

“This amendment is about youth protection first and foremost. We are seeing these products pushed and packaged in ways that make them attractive to kids and marketed as a way to get high. That is dangerous, and it demands a clear legal response.”

— Ed Sutton, State Senator (abcnews4.com)

“We can protect responsible businesses and professional uses while drawing a firm line against products and marketing practices that put our kids at risk.”

— Ed Sutton, State Senator (abcnews4.com)

What’s next

The bill has been referred to the Committee on Judiciary and its progress will be monitored as it moves through the legislative process.

The takeaway

This proposed legislation highlights growing concerns around the recreational use of nitrous oxide, especially among young people, and the need to find a balance between protecting public health and safety while still allowing for legitimate medical, culinary, and industrial uses of the gas.