No, nitrous oxide (commonly known as whippits) is not legal for recreational use in North Dakota. The North Dakota Century Code classifies it as a Schedule IV controlled substance analog under N.D.C.C. § 19-03.1-01, prohibiting possession or distribution without a valid prescription. Local law enforcement, including the North Dakota Bureau of Criminal Investigation, actively enforces these restrictions, particularly in response to rising misuse trends reported by the North Dakota Department of Health in 2025.
Key Regulations for Nitrous Oxide (Whippits) in North Dakota
- Prescription Requirement: Only licensed medical professionals may legally prescribe nitrous oxide for legitimate medical or dental use under N.D.C.C. § 19-03.1-05.
- Retail Restrictions: Businesses selling nitrous oxide cylinders must verify purchaser identity and maintain sales records per N.D.C.C. § 19-03.1-12, enforced by the North Dakota Attorney General’s Office.
- Penalties for Violation: Unauthorized possession or distribution constitutes a Class C felony, punishable by up to 5 years imprisonment and $10,000 fines under N.D.C.C. § 12.1-32-01.