Green Bay halts effort to ban nitrous oxide sales due to state law

GREEN BAY, Wis. (WFRV) – After months of discussion, the Green Bay Common Council’s attempt to draft an ordinance banning the sale of nitrous oxide in the city has fallen through.

According to the city attorney’s office, the City of Green Bay cannot prohibit the sale of nitrous oxide citywide because Wisconsin state statute already addresses the substance, and an ordinance would contradict it.

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“Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under the age of 21. Do not inhale the contents of this cartridge,” the statute reads.

This allows local smoke and vape shops to continue selling nitrous oxide as long as they advertise it for culinary purposes. Another restriction is that a person may only buy nitrous oxide once.

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Common Council members began exploring an ordinance to ban nitrous oxide following a report by Local 5 in March.

Experts warned about the life-changing and even deadly effects of nitrous oxide and its public safety risks, particularly when people are under the influence while driving.