site.btaParliament Criminalizes Sale of Laughing Gas to Minors, Passes Tougher Penalties for Alcohol and Tobacco

Anyone who sells nitrous oxide (commonly known as laughing gas) to a person under the age of 18, or to someone who does not understand the nature or consequences of their actions, will face up to four years’ imprisonment and a fine ranging from BGN 5,000 to BGN 10,000, the National Assembly resolved on Friday by a unanimous vote of 161 in favour, during the second reading of amendments to the Criminal Code.

If the offence is committed repeatedly, the punishment will be imprisonment from one to six years and a fine of between BGN 20,000 and BGN 50,000.

Those who sell alcoholic beverages, tobacco products, or smokeless tobacco products to individuals under 18 will be punished with probation and a fine ranging from BGN 2,000 to BGN 5,000. Until now, the Criminal Code prescribed a fine of up to BGN 1,000 and probation for the sale of alcohol to minors, and in cases of repeated offences, up to three years’ imprisonment and a fine of up to BGN 3,000.

Initially, the Vazrazhdane parliamentary group proposed the criminalization of the sale of alcohol, tobacco, smokeless tobacco, or laughing gas to children. Last week, the Legal Affairs Committee decided that the penalty should remain probation, but the fine should be increased to between BGN 5,000 and BGN 10,000.

During Friday’s vote on the amendments, Tsveta Rangelova (Vazrazhdane) explained that, until now, the only sanction imposed on retailers was an administrative penalty. Under the proposed changes, all sellers would be liable, including those engaged in online sales, she said. Rangelova urged MPs to support their proposal for imprisonment of one to five years and a fine of BGN 3,000 to BGN 5,000, arguing that fines and probation alone are not sufficient to deter offenders.

Georgi Krastev (GERB-UDF) proposed an editorial amendment in the plenary session to increase the fines for selling alcohol and cigarettes to minors and to separate the provision on the sale of laughing gas into a distinct paragraph. His proposal was approved with 149 votes in favour and 13 abstentions, after which the entire paragraph was passed unanimously.

Justice Minister Georgi Georgiev also supported the amendment proposed by Krastev. “We cannot equate the sale of laughing gas with that of cigarettes or alcohol to minors,” Georgiev said.