MI HB5463

Prohibits selling or distributing devices containing solely nitrous oxide to persons under 18 unless they are employees accepting delivery in that capacity, with violators subject to civil fines up to $500.

Bans sale or distribution of any nitrous oxide device for purposes of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of senses, with exceptions for denatured nitrous oxide and licensed food sellers, industrial gas distributors, pharmacists, and health care professionals.

Establishes criminal penalties: misdemeanor with up to 93 days imprisonment or $100 fine for first offense; misdemeanor with up to 1 year imprisonment or $500 fine for one prior conviction; felony with up to 4 years imprisonment or $2,000 fine for two or more prior convictions.

Defines "diligent inquiry" as a good-faith effort to verify age through official government-issued photo identification including Michigan driver's license, personal ID card, or military ID.

Effective August 8, 2018, contingent upon enactment of House Bill 5464.