No, nitrous oxide (whippits) is illegal for recreational use in Nebraska under LB 1274, effective January 1, 2026, which classifies it as a Schedule III controlled substance. Distribution or possession with intent to inhale remains a felony, aligning with the Nebraska Department of Health and Human Services’ enforcement priorities.
Key Regulations for Nitrous Oxide (Whippits) in Nebraska
- Controlled Substance Classification: LB 1274 (2025) designates nitrous oxide as a Schedule III substance, mirroring federal DEA scheduling under 21 U.S.C. § 812.
- Possession Restrictions: Unauthorized possession for inhalation is a Class IV felony (Neb. Rev. Stat. § 28-416), with penalties up to 5 years imprisonment and $10,000 fines.
- Retail Sales Limits: Licensed medical or industrial suppliers must verify purchaser identity and restrict sales to quantities exceeding typical consumer needs (Neb. Admin. Code § 172-004-003).