Arizona Bill Would Make Possession of Poppers a Felony

The Arizona Legislature is set to hear a bill next week that would make amyl nitrates — commonly known as “poppers” — illegal in the state, escalating penalties for a substance long sold in a legal gray area and closely associated with LGBTQ+ nightlife and sexual culture.

House Bill 2191, scheduled for a hearing in the House Judiciary Committee on Jan. 21, would classify the possession or use of poppers as a class 5 felony — or in certain circumstances as a misdemeanor — an offense that can carry prison time and thousands of dollars in fines. The bill would also ban the sale of nitrous oxide, often called “laughing gas.” The bill is sponsored by Chandler Republican and Majority Whip Rep. Julie Willoughby.

The proposal comes as federal scrutiny of poppers has intensified over the last year, at the same time amyl nitrates have become more popular among younger people. In March 2025, several manufacturers abruptly shut down operations following reported intervention by the U.S. Food and Drug Administration: Double Scorpio, an Austin-based poppers manufacturer, said it had “stopped all operations following a search and seizure at our offices by the FDA,” according to reporting from NBC News and KXAN after being raided by the administration. Other poppers brands reportedly scrubbed websites or limited their online presence amid fears of a broader crackdown.

Although poppers are illegal to sell for recreational use under federal law, they have persisted for decades through a loophole allowing them to be marketed as commercial products, such as nail polish remover, leather cleaner or air freshener. The small bottles — often resembling energy shots — are widely sold at sex shops, smoke shops and convenience stores.

In a 2021 advisory, the FDA urged consumers not to purchase or use nitrite-based products, citing risks including dangerously low blood pressure, heart rhythm disturbances, oxygen deprivation, seizures, coma and death — especially when used alongside other sex-enhancing drugs, such as Sildenafil. Public health researchers have also warned that some poisonings occur when people mistakenly ingest the liquid instead of inhaling it.

But the recent enforcement actions have drawn scrutiny because the FDA operates under the Department of Health and Human Services, now led by Robert F. Kennedy Jr., who has repeatedly promoted the scientifically disproven claim that poppers — rather than HIV — caused AIDS.

In public statements and a 2023 video, Kennedy falsely claimed that early AIDS deaths were driven by poppers use and a so-called “gay lifestyle,” dismissing HIV as the cause. Medical experts and advocates have widely condemned those claims as dangerous misinformation, noting that HIV was conclusively identified as the cause of AIDS in the 1980s.

LGBTQ+ advocates and public health groups have raised concerns that aggressive criminalization could drive poppers further underground, increasing harm rather than reducing it. If HB 2191 advances, Arizona would be among the few states to explicitly make possession of poppers a felony, transforming a loosely enforced federal ban into a severe state-level criminal offense.