Two Orlando Smoke Shop Clerks Arrested in Undercover Nitrous Oxide Sting Operations

Authorities in Orlando recently announced the arrests of two smoke shop clerks following undercover operations conducted by Florida’s Division of Alcoholic Beverages and Tobacco (ABT). The stings targeted two stores — East Side Smoke and Vapor Krew, both located along East Colonial Drive — and focused on the alleged illegal sale of nitrous oxide products.

Court records reveal that ABT agents carried out both operations on August 27, 2025, within two hours of each other.

• At East Side Smoke, undercover agents engaged with Sebastian Cook, 25, who allegedly sold them a 320-gram canister of nitrous oxide. According to the arrest affidavit, Cook explained how customers could inhale the gas using balloons, even describing it as a “super festival music drug.” Agents say he failed to indicate that the product was for culinary use only — the legal purpose for which such canisters are sold.
• Less than two hours later, agents entered Vapor Krew, where Michael McKellar, 35, was working. McKellar also allegedly described how nitrous oxide could be inhaled to produce a “sixty-second incredible high” and linked its use to the rave and concert scene. Agents purchased two 325-gram tanks during the sting.

Both clerks now face charges of selling/distributing 16 grams or more of nitrous oxide, a serious offense under Florida law.

Why Nitrous Oxide Sales Are Regulated

Nitrous oxide, commonly known as “laughing gas,” has legitimate uses in medicine and the food industry — such as anesthesia and as a propellant for whipped cream dispensers. However, misuse of nitrous oxide for recreational inhalation can lead to:

• Short-term euphoria followed by dizziness or blackouts
• Long-term neurological damage due to oxygen deprivation
• Risk of overdose and death from asphyxiation

Florida law restricts the sale of nitrous oxide when the seller knows or should reasonably know it will be used for inhalation purposes. Providing instructions on how to misuse the product, as alleged in these cases, strengthens the prosecution’s argument that the sales were unlawful.

This is not the first time Florida smoke shops have faced scrutiny over nitrous oxide. Earlier this year, the family of a 29-year-old Lake County woman who died following a nitrous oxide addiction filed a lawsuit against manufacturers and smoke shops, alleging negligence in selling the gas to customers they knew were abusing it.

While the two Orlando shops named in the recent undercover operations were not defendants in that case, these arrests highlight the growing legal and regulatory focus on nitrous oxide sales statewide.

Potential Consequences for Clerks and Businesses

If convicted, clerks like Cook and McKellar face criminal penalties. But liability may not stop there — shop owners and operators could also face:

• Civil lawsuits if their sales are linked to injury or death
• License suspensions or revocations under Florida’s business and alcohol/tobacco regulations
• Reputational damage, which can devastate small businesses in competitive retail markets

In situations where employees sell controlled or restricted substances illegally, employers may be held accountable under vicarious liability if they failed to properly train or supervise staff.

The dangers of nitrous oxide misuse are well-documented, and businesses that profit from illegal sales may face both criminal investigations and civil litigation. Families harmed by these practices may have legal claims against:

• Smoke shop owners and operators
• Distributors who knowingly oversupply shops with nitrous oxide products
• Manufacturers who fail to regulate how their products are marketed and sold

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we understand how devastating it is when businesses profit from dangerous practices that put lives at risk. Our attorneys investigate cases involving illegal product sales, negligent supervision, and wrongful deaths tied to substances like nitrous oxide.

If you or a loved one has been harmed by nitrous oxide misuse or illegal sales, call us at 305-638-4143 for a confidential, no-cost consultation. We fight to hold negligent parties accountable and seek justice for victims and their families.