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In page Nitrous oxide:

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Possession of nitrous oxide is legal under United States federal law and is not subject to DEA purview.[5] It is, however, regulated by the Food and Drug Administration under the Food Drug and Cosmetics Act; prosecution is possible under its "misbranding" clauses, prohibiting the sale or distribution of nitrous oxide for the purpose of human consumption without a proper medical license. Many states have laws regulating the possession, sale and distribution of nitrous oxide. Such laws usually ban distribution to minors or limit the amount that may be sold without special license.[citation needed] For example, in California, possession for recreational use is prohibited and qualifies as a misdemeanor.[6]