Indiana criminal charge
Nitrous oxide distribution; nonmedical purposes in Indiana
Nitrous oxide distribution; nonmedical purposes is a criminal offense under Indiana law, defined by Ind. Code § 35-46-6-3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-46-6-3.
What is the penalty for nitrous oxide distribution; nonmedical purposes in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Nitrous oxide use/distribution for nonmedical intoxicating purposes (first offense) — A person knowingly or intentionally uses or distributes nitrous oxide to cause intoxication or similar effects, not for medical purposes, with no prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Nitrous oxide use/distribution for nonmedical intoxicating purposes (first offense) — A person knowingly or intentionally uses or distributes nitrous oxide to cause intoxication or similar effects, not for medical purposes, with no prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Nitrous oxide use/distribution for nonmedical intoxicating purposes (repeat offense) — Same conduct as subsection (a) but the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Nitrous oxide use/distribution for nonmedical intoxicating purposes (repeat offense) — Same conduct as subsection (a) but the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | up to 180 days (Sale, use, or distribution of flavored nitrous oxide (first offense) — A person knowingly or intentionally sells, uses, or distributes flavored nitrous oxide, not falling under the subsection (c) exceptions, with no prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Sale, use, or distribution of flavored nitrous oxide (first offense) — A person knowingly or intentionally sells, uses, or distributes flavored nitrous oxide, not falling under the subsection (c) exceptions, with no prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Sale, use, or distribution of flavored nitrous oxide (repeat offense) — Same conduct as subsection (b) but the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Sale, use, or distribution of flavored nitrous oxide (repeat offense) — Same conduct as subsection (b) but the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-3-2 |
Applies to current.
How is nitrous oxide distribution; nonmedical purposes classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Nitrous oxide use/distribution for nonmedical intoxicating purposes (first offense) | Class B Misdemeanor | A person knowingly or intentionally uses or distributes nitrous oxide to cause intoxication or similar effects, not for medical purposes, with no prior unrelated conviction under this section. | Ind. Code § 35-46-6-3(a) |
| Nitrous oxide use/distribution for nonmedical intoxicating purposes (repeat offense) | Class A Misdemeanor | Same conduct as subsection (a) but the person has a prior unrelated conviction under this section. | Ind. Code § 35-46-6-3(a) |
| Sale, use, or distribution of flavored nitrous oxide (first offense) | Class B Misdemeanor | A person knowingly or intentionally sells, uses, or distributes flavored nitrous oxide, not falling under the subsection (c) exceptions, with no prior unrelated conviction under this section. | Ind. Code § 35-46-6-3(b) |
| Sale, use, or distribution of flavored nitrous oxide (repeat offense) | Class A Misdemeanor | Same conduct as subsection (b) but the person has a prior unrelated conviction under this section. | Ind. Code § 35-46-6-3(b) |
Common questions about nitrous oxide distribution; nonmedical purposes in Indiana
Is nitrous oxide distribution; nonmedical purposes a felony or a misdemeanor in Indiana?
It depends on the circumstances: nitrous oxide distribution; nonmedical purposes ranges from a Class B Misdemeanor to a Class A Misdemeanor in Indiana under Ind. Code § 35-46-6-3.
Nitrous oxide use/distribution for nonmedical intoxicating purposes (first offense): Class B Misdemeanor (Ind. Code § 35-46-6-3(a)) · Nitrous oxide use/distribution for nonmedical intoxicating purposes (repeat offense): Class A Misdemeanor (Ind. Code § 35-46-6-3(a)) · Sale, use, or distribution of flavored nitrous oxide (first offense): Class B Misdemeanor (Ind. Code § 35-46-6-3(b)) · Sale, use, or distribution of flavored nitrous oxide (repeat offense): Class A Misdemeanor (Ind. Code § 35-46-6-3(b))
What are the penalties for nitrous oxide distribution; nonmedical purposes in Indiana?
Which Indiana statute covers nitrous oxide distribution; nonmedical purposes?
Nitrous oxide distribution; nonmedical purposes is governed by Ind. Code § 35-46-6-3 (Nitrous oxide distribution; nonmedical purposes).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.