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Florida DBPR Endorses Nitrous Oxide Legislation

On January 29th, DBPR Secretary Melanie Griffin held a press conference in Tallahassee with the legislative sponsor of HB 1341 and some local law enforcement leaders.

Nitrous oxide has been in the discourse lately as the substance, also called galaxy gas or whippets, has reemerged as a popular drug for youths. Cannisters of compressed nitrous have been spotted at smoke and novelty shops around the state, and bans have been proposed in several states across the country. Last year, state regulators also spoke out against recreational nitrous usage and conducted numerous enforcement actions.

More background on this trend is available in the special report posted by the REGULATED podcast. The agency’s press release is reproduced below.

Statewide Support of Enforcement Legislation to Strengthen Accountability and Protect Floridians 

HB 1341 reinforces public safety, strengthens protections for minors, and enhances licensure integrity across DBPR regulated industries

TALLAHASSEE, Fla. — Today, Secretary Melanie Griffin announced that the Florida Department of Business and Professional Regulation (DBPR) is supporting legislation this session to strengthen enforcement authority, improve interagency coordination, and increase accountability across a broad range of regulated industries. The bill, HB 1341 sponsored by Representative Rachel Plakon, R 36, and SB 1394 sponsored by Senator Jonathan Martin, R-Fort Myers, aims to strengthen DBPR’s sworn law enforcement ability to enforce agency laws, improve interagency coordination, and increase accountability across multiple regulated areas overseen by DBPR. The legislation supports DBPR’s mission to protect the public and promote a safe, lawful marketplace for Florida consumers and businesses.

“Under Governor DeSantis’ leadership, Florida continues to prioritize public safety, accountability, and effective government,” said DBPR Secretary Melanie S. Griffin. “HB 1341/SB 1394 strengthens enforcement where it matters most, helping DBPR take decisive action against bad actors, support responsible businesses, and better protect Floridians.”

“‘Meg’s Law’ is about preventing another family from experiencing an avoidable tragedy. The bill takes direct aim at recreational nitrous oxide misuse by restricting sales in high-risk retail settings and giving the state stronger tools to regulate how these products are marketed, especially when packaging is designed to appeal to kids. This is a commonsense step to protect Florida’s young people and hold bad actors accountable,” said Representative Rachel Plakon, R-36.

“Unlicensed activity and serious violations undermine consumer trust, hurts legitimate businesses, and clogs our courts. This legislation strengthens the enforcement framework and coordination DBPR, and its partners need to act quickly and apply the law consistently statewide. The standard should be fair to all, clear, and enforcement should be certain,” said Senator Jonathan Martin, R-Fort Myers.

“Bad actors count on confusion and gaps in enforcement. This bill helps close those gaps. With stronger coordination and clear authority, we can move quickly, stop illegal activity, and hold offenders accountable,” said Leon County Sheriff Walt McNeil.  

HB 1341/SB 1394 includes provisions that:

  • Expand ABT law enforcement authority by allowing law enforcement officers within the Division of Alcoholic Beverages and Tobacco to investigate, enforce, and prosecute statewide violations involving DBPR licensees and unlicensed activity, consistent with applicable law.

  • Combat recreational nitrous oxide abuse by prohibiting retail vape shops and gas stations from selling or distributing nitrous oxide and providing the Department with the authority to regulate how certain licensed businesses sell and market nitrous oxide products, including restrictions on packaging marketed toward children, with defined exceptions.

  • Enhance employment eligibility verification compliance by strengthening E-Verify-related enforcement and improving interagency notification requirements.

  • Strengthen protections for minors in areas regulated by DBPR.

  • Improve accountability and reporting in regulated education programs to support oversight and transparency.

  • Increase enforcement options related to operating without required licensure in public lodging and food service.

  • Support licensure integrity through identity and work authorization validation processes, consistent with applicable law.

Click link below to watch the full press conference:

1/29/26 Department of Business & Professional Regulation's Press Conference - The Florida Channel

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The Department of Business and Professional Regulation licenses and regulates more than 1.7 million businesses and professionals in the State of Florida across more than 30 fields of industry. The Department’s mission is to license efficiently and regulate fairly. For more information, visit MyFloridaLicense.com.

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DBPRTony GloverDBPR, Florida liquor license, licensing, Nitrous Oxide, 7-OH, Galaxy Gas, Hemp, Is nitrous oxide legal?, drag show ban