LRB-1264/2
JEO:mfd:km
1997 - 1998 LEGISLATURE
March 25, 1997 - Introduced by Representatives Underheim, Dobyns, Freese,
Kelso, Hasenohrl, Kreibich, Ward, Rutkowski, Hahn, Seratti, Owens, Gard,
Albers, Lazich and
Ott, cosponsored by Senators Buettner, Welch and
Huelsman. Referred to Committee on Criminal Justice and Corrections.
AB215,1,2
1An Act to create 941.315 of the statutes;
relating to: nitrous oxide and
2providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates prohibitions relating to certain uses of nitrous oxide that are
not regulated by current law. Under the bill, a person may not do any of the following:
1) possess nitrous oxide or any substance containing nitrous oxide with the intent to
induce intoxication by ingesting, inhaling or otherwise introducing the nitrous oxide
into his or her body; 2) intentionally induce a state of intoxication in himself or
herself by ingesting, inhaling or otherwise introducing nitrous oxide into his or her
body; or 3) be in a state of intoxication that the person caused by intentionally
ingesting, inhaling or otherwise introducing nitrous oxide into his or her body.
A person who violates any of these prohibitions relating to the use of nitrous
oxide may be fined not more than $1,000 or imprisoned for not more than 90 days or
both. The prohibitions relating to the use of nitrous oxide do not apply to a person
to whom nitrous oxide is administered for the purpose of providing medical or dental
care, if the nitrous oxide is administered at the direction or under the supervision of
a physician or dentist.
Finally, the bill also prohibits a person from distributing or delivering, or
possessing with intent to distribute or deliver, nitrous oxide or any substance
containing nitrous oxide if he or she knows or has reason to know that the nitrous
oxide will be used in violation of the bill's restrictions relating to the use of nitrous
oxide. A person who violates this prohibition may be fined not more than $10,000
or imprisoned for not more than 9 months or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB215, s. 1
1Section
1. 941.315 of the statutes is created to read:
AB215,2,5
2941.315 Possession, distribution or delivery of nitrous oxide. (1) In this
3section, "intoxication" includes elation, euphoria, dizziness, stupefaction, dulling of
4the senses and change, distortion or disturbance of the human audio, visual or
5mental processes.
AB215,2,6
6(2) No person may do any of the following:
AB215,2,97
(a) Possess nitrous oxide or any substance containing nitrous oxide with the
8intent to induce intoxication by ingesting, inhaling or otherwise introducing the
9nitrous oxide into his or her body.
AB215,2,1110
(b) Intentionally induce a state of intoxication in himself or herself by
11ingesting, inhaling or otherwise introducing nitrous oxide into his or her body.
AB215,2,1312
(c) Be in a state of intoxication that the person caused by intentionally
13ingesting, inhaling or otherwise introducing nitrous oxide into his or her body.
AB215,2,14
14(3) Whoever violates sub. (2) is guilty of a Class B misdemeanor.
AB215,2,18
15(4) Whoever distributes or delivers, or possesses with intent to distribute or
16deliver, nitrous oxide or any substance containing nitrous oxide knowing or having
17reason to know that the nitrous oxide will be used in violation of sub. (2) is guilty of
18a Class A misdemeanor.
AB215,3,3
1(5) Subsection (2) does not apply to a person to whom nitrous oxide is
2administered for the purpose of providing medical or dental care, if the nitrous oxide
3is administered at the direction or under the supervision of a physician or dentist.
