ORLANDO, Fla. – With the start of the 2026 Florida legislative session underway, hundreds of bills are starting the long and, at times, fruitless journey through the respective chambers where they were introduced.
One of those bills, House Bill 1341, relates to the Department of Business and Professional Regulation, and among other things, it would prohibit the sale of nitrous oxide by most retailers.
Nitrous oxide, a colorless gas, is used for legitimate purposes, like whipped cream cannisters and medical procedures, but it is discouraged for recreational use. Inhaling nitrous oxide can cause dizziness, unconsciousness, and even death, according to the Centers for Disease Control and Prevention.
[WATCH: Law enforcement officials announce crackdown on nitrous oxide sales]
While it is illegal to inhale the gas in Florida, licensed dealers are permitted to sell up to 16 grams of nitrous oxide from their premises. Current Florida statute makes selling more than 16 grams of nitrous oxide a third-degree felony.
HB 1341—and its companion bill in the Senate—would make it illegal for licensed dealers to sell any amount of nitrous oxide from the dealer’s premises. The prohibition, however, would not apply to places like grocery stores or supermarkets, where nitrous oxide is used in products as a propellant.
“The supermarkets are not carrying these large canisters,” said Leigh Caldwell. “The problem actors in this situation are smoke shop owners and manufacturers.”
Caldwell has been closely tracking HB 1341. In November 2024, her sister, Meg, was found dead outside a smoke shop on Orange Blossom Trail, following an overdose.
[WATCH: Nitrous oxide lawsuit crops up after Florida woman’s death]
News 6 first met the Caldwell family in early 2025, when they filed a lawsuit against smoke shops and manufacturers, alleging that the defendants “knowingly manufacture and distribute products that result in addiction and cause grievous bodily harm to the public.”
“[Meg] would tell us, ‘I’m buying this legally,’” Caldwell recounted in an interview with News 6 Wednesday. “And we would say, ‘This is harmful.’ She never believed that it was as harmful as it could be.’”
Last September, First Lady Casey DeSantis and Lt. Gov. Jay Collins joined state leaders at a news conference to announce a statewide undercover operation in retail stores, yielding 70 felony arrests.
Caldwell, who spoke at that news conference, told News 6 Wednesday that she is not hoping to curb the sale of nitrous oxide for legitimate uses, but she does not believe that anyone buying a nitrous oxide product in a smoke shop is doing so for a legitimate purpose.
“If you’re a restauranteur you’re not going to a smoke shop to buy your nitrous oxide,” Caldwell said.
News 6 called the office of the sponsor of HB 1341 and left a message for the sponsor’s legislative aide.
Caldwell said she plans to travel to Tallahassee if the bill or its companion is brought before a committee.
“I’m very optimistic,” Caldwell said. “My family’s very optimistic that these will advance and pass.”