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720 ILCS 5/24.5-5 – Unlawful Possession

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Posted by Christopher Combs on April 8, 2026

720 ILCS 5/24.5-5 – Unlawful Possession

This law makes it illegal to have or use nitrous oxide to get high or dizzy.

This law says that if someone has or uses nitrous oxide (laughing gas) to get high or change how they feel or think, it’s against the law. Doing it once is a misdemeanor, but doing it again can be a felony. Medical use by doctors or dentists is allowed.

Sec. 24.5-5 Anyone who has nitrous oxide, or anything that contains it, and plans to breathe, inhale, or take it in to feel high, dizzy, or to change their senses or mind is breaking the law.

Anyone who knows they are under the influence of nitrous oxide and intended to use it that way is also breaking the law.

This offense is a Class A misdemeanor for the first time someone does it. If they do it again, it becomes a Class 4 felony.

This rule does not count for people who use nitrous oxide for medical, dental, or surgical reasons when a licensed professional gives it to them.

View the full statute here.

Contact us online or call (314) 900-HELP to talk with a Southern Illinois criminal defense lawyer.

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