The Warren County Board of Supervisors Legislative & Rules Committee is looking at the county’s options to limit or curtail sales of nitrous oxide after a request by Warren County resident Kate Boyle, whose son died earlier this year after ingesting it recreationaly.
After discussion at the Legislative & Rules Committee monthly meeting Thursday, August 28th, 2025, Warren County Attorney Larry Elmen said he would research state law and enforcement options and look at the county’s legal options before reporting back to the committee at its next meeting in late September.
The Legislative & Rules Committee discussed nitrous oxide concerns at its monthly meeting after Boyle spoke at the Board of Supervisors’ August 15th meeting about her son’s death earlier this year after inhalation of nitrous oxide he purchased at a Warren County “smoke shop.”
Nitrous oxide is a gas used as an anesthetic by dentists and a propellant in aerosol food sprays, such as whipped cream and cooking oils.
In recent years, large canisters of the gas have appeared for sale for recreational use in smoke shops and convenience stores with added flavors and aromas, and concerns are that recreational use has increased, despite serious dangers from misuse.
The U.S. Food and Drug Administration issued advisories in March and June because of health and safety concerns and “an increase in reports of adverse events after inhalation of nitrous oxide products.”
At Thursday’s meeting, Warren County Public Health Program Administrator Dan Durkee gave the Legislative Committee information about where NY State laws stand, and what action has been taken in other areas of the country to curtail recreational use of nitrous oxide.
Durkee said there have been 700 deaths attributed to nitrous oxide misuse in the U.S. in recent years. Louisiana is the only state that has banned retail sales of nitrous oxide and no NY counties have taken action. However, he added “there’s always got to be somebody who is first, somebody has to start it.”
Durkee said smoke shops are using a “loophole” in state law to sell nitrous oxide, and the Public Health Department would support a ban of its sale in smoke shops.
“The marketing says this is for use in a way that’s not intended,” Durkee said. “These products are being designed in a way to encourage inhalation and use recreationally. We are starting to see that.”
Queensbury at-Large Supervisor Michael Wild proposed that the Board of Supervisors enact a county law banning nitrous oxide sales for recreational use. NY state law bans its sale to those under 21, but smoke shops are profiting from its unintended use, Wild added
“They are making money at the expense of our youth,” Wild said.
Supervisors discussed what impact a local law would have, who would enforce a new law and whether a statewide push was warranted. But the length of time it could take for NY State to act was viewed as prohibitive.
Bolton Supervisor Ron Conover suggested the county Public Health Department work with its counterparts around New York, and Durkee said the issue can be taken up with New York State Association of County Health Officials for statewide impact.
“Let’s do our homework and see what we can come up with,” Conover said.
No date has been set for the next meeting. A new county law would have to be passed by the full Board of Supervisors, and would be subject to a public hearing beforehand.
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