Pa. Senator Targets Smoke Shop ‘Whippets’ After CBS Exposé

Nitrous oxide, the same gas used in medical and culinary settings, is now in the crosshairs in Harrisburg as State Sen. Carolyn Comitta moves to curb sales of the small canisters commonly sold as "whippets" or "laughing gas." Her proposal follows mounting concern about recreational use across the Philadelphia region and is framed as a public-safety fix that keeps legitimate medical and kitchen uses intact while trying to shut off an easy retail supply that critics say is driving addiction and risky behavior.

What the bill would do

In a co-sponsorship memo circulated May 28, 2026, Comitta says her bill would prohibit retail sales of nitrous oxide unless the purchase is directly tied to licensed medical, dental, culinary or industrial uses, ban flavored canisters and require retailers to sign an affirmation that each sale is intended for a lawful purpose, as outlined in the co-sponsorship memo from the Pennsylvania Senate. The memo also directs the Department of Health to set up a real-time online portal to log and monitor sales and to help flag suspicious purchases.

Poison-center data show rising harms

Medical toxicologists have documented a sharp rise in intentional nitrous-oxide exposures reported to U.S. poison centers over the last two decades, with roughly a 390% increase in yearly cases between 2003 and 2022 and a disproportionate jump in more serious outcomes, according to the American College of Medical Toxicology. Clinicians warn that repeated heavy use can cause vitamin B12 deficiency, peripheral neuropathy and other potentially permanent neurologic damage.

Comitta says current law falls short

Pennsylvania law already makes it a misdemeanor to sell nitrous oxide "for the purpose of intoxication," but Comitta argues that the penalty is not enough and that gaps in how products are marketed and sold leave the statute ineffective, per the Pennsylvania Senate. Her proposal zeroes in on tightening retail rules rather than creating broad new possession crimes, aiming to give local authorities and public-health officials tools they can realistically use.

Families, reporting pushed the issue

The move comes after local reporting found flavored and high-volume nitrous canisters being sold openly at smoke shops across Philadelphia, Chester, Montgomery and Delaware counties, along with interviews with parents dealing with addiction in their families. One West Chester father told CBS Philadelphia that his son "starts at 9 a.m. in the morning and goes until the smoke shops close," a schedule that underlines how the short-lived high can turn into an all-day cycle.

Other states have moved, too

Comitta's memo notes that several states have already tightened retail access, and local reporting shows a patchwork of approaches nationwide, from sales restrictions to retailer penalties. Michigan, for example, adopted restrictions on selling "whippets" in March 2024, and Louisiana ordered retailers to clear shelves ahead of enforcement actions, per reporting by ClickOnDetroit and FOX8.