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Nitrous Oxide possession Wisconsin penalties & fines

Charges for possessing nitrous oxide, if convicted, could be penalized as a Class A misdemeanor, which is a fine up to $10,000 and a prison term not to exceed 9 months, or possibly both. It is a Class H felony for other crimes involving the distribution or delivery of intros oxide.

Tom Grieve

OWI & Criminal Defense Attorney

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Criminal Defense Attorney for 941.315 Possession, Distribution Or Delivery Of Nitrous Oxide

Grieve Law is not a general practitioner law firm. Criminal defense is practically everything the firm does. Staffed by criminal defense attorneys who are former prosecutors, our firm understands the letter of the law and how things tend to play out in practice.

If you have been charged with a felony or misdemeanor in greater Milwaukee, please contact us today.

Overview of Wisconsin Statute 941.315: Possession, Distribution Or Delivery Of Nitrous Oxide

The following legal summary may be outdated due to changes in the law. Grieve Law makes no claims regarding the accuracy of the below. If you are faced with criminal charges, you should consult an experienced criminal defense lawyer immediately.

Wisconsin Statute 941.315 covers the law and the penalties for possession, distribution or delivery of nitrous oxide (aka “laughing gas”), which is commonly used by surgeons and dentists as an anesthetic.

In Wisconsin, it is a Class A misdemeanor to possess nitrous oxide with the intent to inhale it and to intentionally inhale it, unless it is possessed and administered by a physician or dentist for the purpose of providing medical or dental care.

It is a Class H felony to distribute, deliver or possess nitrous oxide with the intent to distribute or deliver it to anyone under 21 if you know or have reason to believe they will inhale it. It is also a Class H felony to distribute or deliver any object used, designed for use or primarily intended for use in inhaling nitrous oxide to anyone 21 years or older. If charges brought against you don't seem to fit into either of these classes, look into Class U misdemeanors in Wisconsin

Don't wait--contact the criminal defense lawyers Milwaukee relies on if you or a loved one are in trouble with the law.

In Wisconsin, how long does a Nitrous Oxide charge stay on your record?

Nitrous oxide possession in Wisconsin could lead to a $10,000 fine, but only if convicted, and charges alone could lead to a permanent listing on your record.

How to beat a whippets charge

3 ways to fight a nitrous oxide possession charge

1. Provide proof the arresting officer lacked probable cause.

If you were stopped without probable cause, you can likely prove the stop as unlawful and unjustified. For example, if you were driving, did you commit a traffic violation? If you were walking, did you attempt to run away?

2. Verify your 4th amendment rights were violated

If the whippets/ nitrous oxide in question was found in “plain view” it can most likely get seized and used for evidence. Drugs found in your vehicle or home without consent to search can not be entered into evidence. If you’re able to prove an unlawful search and seizure took place, your chances of beating the case drastically improve.

3. Confirm the nitrous oxide belongs to someone else.

A popular defense to any criminal charge is to claim you didn’t do it. An experienced criminal defense lawyer would pressure the prosecutor to prove the whippets found belonged to you.


Ultimately, the best course of action is to work with a criminal defense lawyer who knows their way around the law.


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