104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2738
 
Introduced 1/13/2026, by Sen. Darby A. Hills
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24.5-5
720 ILCS 5/24.5-10
    Amends the Criminal Code of 2012. Increases, by one class, the penalties for the unlawful possession of nitrous oxide or any substance containing nitrous oxide. Increases, by one class, the penalties for intentionally manufacturing, delivering, or possessing with intent to manufacture or deliver nitrous oxide for any prohibited purpose. 


LRB104 15244 RLC 28394 b

 
 
A BILL FOR
 
SB2738LRB104 15244 RLC 28394 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 24.5-5 and 24.5-10 as follows:
 
6    (720 ILCS 5/24.5-5)
7    Sec. 24.5-5. Unlawful possession. Any person who possesses 
8nitrous oxide or any substance containing nitrous oxide, with 
9the intent to breathe, inhale, or ingest for the purpose of 
10causing a condition of intoxication, elation, euphoria, 
11dizziness, stupefaction, or dulling of the senses or for the 
12purpose of, in any manner, changing, distorting, or disturbing 
13the audio, visual, or mental processes, or who knowingly and 
14with the intent to do so is under the influence of nitrous 
15oxide or any material containing nitrous oxide is guilty of a 
16Class 4 felony A misdemeanor. A person who commits a second or 
17subsequent violation of this Section is guilty of a Class 3 4 
18felony. This Section shall not apply to any person who is under 
19the influence of nitrous oxide or any material containing 
20nitrous oxide pursuant to an administration for the purpose of 
21medical, surgical, or dental care by a person duly licensed to 
22administer such an agent.
23(Source: P.A. 91-366, eff. 1-1-00.)
 
 
 
SB2738- 2 -LRB104 15244 RLC 28394 b

1    (720 ILCS 5/24.5-10)
2    Sec. 24.5-10. Unlawful manufacture or delivery. Any 
3person, firm, corporation, co-partnership, limited liability 
4company, or association that intentionally manufactures, 
5delivers, or possesses with intent to manufacture or deliver 
6nitrous oxide for any purpose prohibited under Section 24.5-5 
7is guilty of a Class 2 3 felony.
8(Source: P.A. 91-366, eff. 1-1-00.)