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Illinois Criminal Code of 1961

Article 24.5: Possession of Nitrous Oxide

In this portion of the Illinois Criminal Code, legislators describe a very specific crime: possession of nitrous oxide. For those who may not be aware, nitrous oxide is a chemical compound that can cause feeling of intoxication, euphoria, or dizziness if inhaled. It is also known more familiarly as laughing gas. Any person who possesses nitrous oxide with intent to use it for recreational purpose may find themselves facing the criminal charge of unlawful possession of nitrous oxide. A conviction is a Class A Misdemeanor.

This section also makes it illegal to manufacture or deliver nitrous oxide for the purpose of recreational use. A conviction is a Class 3 felony.

Need an Illinois criminal defense attorney? If you've been arrested or charged with a crime in Illinois, call our Chicago criminal defense attorneys today at (312) 466-9466 to discuss your case.

The text below comes from Article 24 of the Illinois Criminal Code of 1961. This law may have changed -- please read the important legal disclaimer at the bottom of this page.

Illinois Criminal Code of 1961 - Article 24

Sec. 24.5-5. Unlawful possession.
    (720 ILCS 5/24.5-5)

Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation of this Section is guilty of a Class 4 felony. This Section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent. (Source: P.A. 91-366, eff. 1-1-00.)

Sec. 24.5-10. Unlawful manufacture or delivery.
    (720 ILCS 5/24.5-10)

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

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DISCLAIMER: These excerpts from the law are provided for reference purposes only. Visitors to our Chicago criminal defense lawyer website should be aware that Illinois criminal laws have been amended many times and that Illinois crime laws posted on this site may not be current. In addition, Illinois criminal case law defines precedents for legal determinations that are not defined in the original laws.

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