Investigation exposing rampant sale of nitrous gas prompts Pennsylvania lawmaker to take action

After a CBS News Philadelphia investigation exposed the rampant sale of nitrous oxide in Pennsylvania smoke shops, a new law is now in the works.

CBS Philadelphia has been covering this topic for nearly two years and uncovered smoke shops all over the region selling nitrous oxide, also known as "whippets" or "laughing gas."

The current law in Pennsylvania says nitrous oxide can't be sold for the purpose of getting high, but often times, workers at the smoke shops don't question consumers about their intent when they buy it.

Now, state Sen. Carolyn Comitta, a Democrat representing parts of Chester County, is introducing a bill that would restrict the sale of nitrous gas in retailers, including smoke shops. She was made aware of the scope of the problem through CBS Philadelphia's reporting and her meetings with Tim and Lisa, West Chester parents looking to help their son overcome his addiction.

Tim has spent countless hours over the last three years researching addiction to nitrous oxide. CBS News Philadelphia first met Tim and his wife, Lisa, last year when they shared their son's longtime struggle with nitrous oxide addiction.

His son gave CBS News Philadelphia permission to do the story, but we're not using their last name to protect his identity. Tim says his son has been to rehab multiple times.

"It has taken over my son's life," he said.

Experts say it's a very challenging addiction to treat, partially because the high only lasts about thirty seconds, leaving some users constantly inhaling.

"He'll start at 9 a.m. in the morning and go until the smoke shops close, you know, around 11," Tim said.

According to a recent study by the National Institutes of Health, intentional nitrous gas abuse reported to U.S. poison centers has risen sharply in the last two decades. Tim says part of the problem is how accessible the drug is.

CBS News Philadelphia went undercover last year and found whippets of all sizes and flavors in smoke shops in Philadelphia, Chester, Montgomery, and Delaware counties. 

Now, one year after our investigation, Comitta is hoping to update the current law. 

Nitrous oxide does have some legitimate purposes, including in the medical and culinary settings. Pennsylvania law says it cannot be sold for the purpose of intoxication.

"Local law enforcement said that the current law is impossible to enforce," Comitta said.

In a memo sent to colleagues, Comitta says she is introducing legislation that would prohibit the sale of nitrous oxide unless associated with legitimate industries, ban the sale of flavored nitrous oxide, and require retailers to sign an affirmation that each purchase is intended for legal purposes, including in the health and food industries.

Under the bill, the Department of Health will be directed to create an online portal to track nitrous oxide sales and prevent abuse.

About a half dozen other states have passed similar legislation and Comitta hopes to introduce the legislation over the summer.