Is Nitrous Oxide (Whippits) Legal in New Hampshire After the 2026 Policy Reforms?

No, nitrous oxide (commonly known as “whippits”) is not legal for recreational use in New Hampshire. The state classifies it as a Schedule IV controlled substance under RSA 318-B:2, aligning with federal DEA scheduling. Recent 2026 amendments to the Uniform Controlled Substances Act expanded restrictions, targeting non-medical possession. Local health departments, including the New Hampshire Department of Health and Human Services (DHHS), enforce penalties for unauthorized distribution or use.


Key Regulations for Nitrous Oxide (Whippits) in New Hampshire

  • Schedule IV Classification: Under RSA 318-B:2, nitrous oxide is federally and state-regulated as a Schedule IV controlled substance, restricting non-medical possession or sale.
  • Licensing Requirements: Only licensed medical or industrial entities may legally possess nitrous oxide; unauthorized distribution faces felony charges under RSA 318-B:26.
  • 2026 Compliance Shifts: Amendments to RSA 318-B:26 now impose stricter penalties for possession of canisters (e.g., “whippits”) with intent to inhale, including fines up to $25,000 and imprisonment for repeat offenses.