Sec. 24.5-5. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation of this Section is guilty of a Class 4 felony. This Section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.
Illinois Compiled Statute
720 ILCS 5/24.5-5
Offense Description
Unlawful possession
Offense Classification
Class A Misdemeanor
Statutory Penalties & Sentencing Scope
Up to 364 days county jail · Fine up to $2,500
Supreme Court Rule 551 Mandatory Court Appearance
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
Under Illinois law, 720 ILCS 5/24.5-5 (Unlawful possession) is classified as a Class A Misdemeanor. Statutory sentencing scope: Up to 364 days county jail · Fine up to $2,500. Court appearance is not mandatory (pre-set bond or notice to appear), and pretrial release is presumptively release-eligible under the SAFE-T Act.
Offense Class & Sentencing ScopeClass A Misdemeanor
Up to 364 days county jail · Fine up to $2,500
Court Appearance MandateRelease on Notice (No Mandate)
Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State License SanctionStandard Administrative Protocol
No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
Sec. 24.5-5. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the influence of nitrous oxide or any material containing nitrous oxide is guilty of a Class A misdemeanor. A person who commits a second or subsequent violation of this Section is guilty of a Class 4 felony. This Section shall not apply to any person who is under the influence of nitrous oxide or any material containing nitrous oxide pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly licensed to administer such an agent.
(Source: P.A. 91-366, eff. 1-1-00.)
Frequently Asked Questions & Legal Analysis
Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/24.5-5 in Illinois?
Under Illinois law, 720 ILCS 5/24.5-5 (Unlawful possession) is classified as a Class A Misdemeanor.
Sentencing Scope: Up to 364 days county jail · Fine up to $2,500
Is a court appearance mandatory for 720 ILCS 5/24.5-5 under Illinois Supreme Court Rule 551?
No Mandatory Court Appearance (Pre-Set Bond / Notice to Appear): Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.
Is an individual accused of 720 ILCS 5/24.5-5 detainable before trial under the SAFE-T Act?
Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
What Secretary of State driver's license sanctions apply to 720 ILCS 5/24.5-5?
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
Official Legal Citation Formats
Legal & Academic Reference
Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.
Illinois Supreme Court Citation720 ILCS 5/24.5-5 (West 2026)
The Bluebook Style (21st ed.)720 Ill. Comp. Stat. 5/24.5-5 (2026)
Canonical Web Referencehttps://ilcsindex.com/statutes/720-ilcs-5-24.5-5