Max Ehrich, the actor once engaged to Demi Lovato, was arrested last month after police say they found him in bushes near a nitrous oxide canister at a Florida shopping center, TMZ reported on Monday.
Ehrich, 35, was taken into custody on August 25 after he himself alerted police by calling 911 and then hanging up as soon as the call connected, according to an arrest affidavit obtained by TMZ.
On Tuesday, the charge against Ehrich was dismissed after State Attorney Tomas R. Bakkedahl declined to prosecute him, according to documents obtained by the Daily Mail.
"The law firm of Watson & Vasko can confirm that the charges against Max Ehrich have been dismissed in the very earliest stages of the case. We agree with the prosecutor's analysis that there is clearly insufficient evidence to support the charge," Ehrich's attorney, Matthew J. Vasko of Watson & Vasko, said in a statement to the Daily Mail.
"The criminal justice system presumes that all people are presumed innocent, and some people actually are," Vasko added.
"We appreciate the prosecutor's prompt review of the evidence and are pleased the charge was dismissed at the earliest stage," said Holly Davidson, Ehrich's publicist and founder of ICT PR, in her own statement to the Daily Mail.
What police found
According to the police affidavit, officers responded to the aborted 911 call by driving to the location it came from, where they allegedly found Ehrich in bushes next to a plastic bag containing a large nitrous oxide canister marked with the designation E942, a food safety number used in the European Union.
The canister was labeled "Max Cream Charger," indicating it was intended for whipped cream, the affidavit states. TMZ reported that police described Ehrich as appearing "dazed" when they arrived, with a "lack of balance when standing."
Officers noted in the affidavit that a nozzle had been attached to the canister, which "suggested that the canister was likely being used," though they said Ehrich was not observed using it or trying to inhale from it while they were present.
Ehrich allegedly told officers he wanted to retrieve unspecified medication from his parents' home but said he did not feel comfortable going there. Police said he claimed he had no plans to harm himself.
Officers reportedly spoke with Ehrich's parents, who told them their son is addicted to nitrous oxide, which led to his arrest, according to the report. After his arrest, Ehrich was taken to a hospital because he said he felt unwell before being transported to jail. TMZ reported he was held only briefly before posting bond and being released.
What nitrous oxide is used for
Nitrous oxide has numerous industrial uses and is best known to consumers as a propellant in whipped cream and cooking sprays. It is also used in medical and dental procedures to relieve pain, but it is also used recreationally, with users who inhale the gas experiencing a sense of euphoria.
Previous arrest over his mother
The nitrous oxide arrest follows Ehrich's arrest in October 2025 on a charge of battery on a person 65 or older, which law enforcement sources told TMZ at the time was related to a domestic violence incident involving one of the actor's family members.
The arrest came after the Daily Mail obtained video of a TikTok livestream in which Ehrich appeared to shove his mother, part of a series of disturbing social media posts that had left fans concerned before his arrest. A representative for Ehrich did not respond to the Daily Mail's request for comment at the time.
Ehrich's mother, Rhonda Ehrich, later denied that her son had battered her. In a since-deleted Instagram post, she claimed he had instead been kidnapped and forced to inhale nitrous oxide.
"The media and the narrative of my son attacking me is completely fabricated. A short video clip of an altercation that is being exaggerated for clickbait does not discern the truth of what did and didn't happen," she wrote. "The only villain in this is the fact that my son was kidnapped and forced to ingest a dangerous substance."
Ehrich and Lovato's relationship
Ehrich, an actor and musician, gained a higher profile in March 2020 when he began dating Lovato. The pair got engaged four months later, in July 2020, but the engagement ended after just two months.
