Cities Across California Move to Ban Recreational Nitrous Oxide Sales

Nitrous oxide (N2O), commonly known as "laughing gas," serves legitimate purposes in various industries, including medical and dental care, food preparation as a propellant, and in some automotive applications. However, a growing trend of recreational misuse and abuse of nitrous oxide has prompted cities and counties across California to adopt local ordinances banning its unlawful sale and distribution.

The Rising Concern of Recreational Nitrous Oxide Use

The recreational use of nitrous oxide has become a significant public health concern, particularly among young people, due to its easy accessibility, low cost, and severe health risks. It is often sold in small metal cylinders or "whip-its," as well as larger canisters, readily available in smoke shops and convenience stores, sometimes near schools and public recreation areas. Recent years have also seen the emergence of large, 600-gram-plus canisters and flavored nitrous oxide products, raising concerns about increased neurotoxic effects, dependency, and marketing towards children.

Health risks associated with recreational inhalation are profound, ranging from nerve damage, cognitive impairments, memory loss, and Vitamin B-12 depletion to psychosis and, in severe cases, death. A 2025 study highlighted that youth as young as 14 can suffer irreversible neurological damage.

Tragic incidents have underscored the urgency of this issue. In May 2024, a fatal vehicle-pedestrian accident in Eureka, Humboldt County, involved a driver impaired by recreational nitrous oxide. In Costa Mesa, from January 2020 through May 2025, there was a 100% rise in nitrous oxide-related incidents and a 125% increase in arrests and calls for service between 2023 and 2024, alongside two likely overdose deaths since 2020.

While state laws exist to prohibit inhalation for intoxication and restrict sales to minors, and require transaction records, a lack of specific local regulations has contributed to the persistence of misuse and easy access. Federally, nitrous oxide is not a controlled substance, making prosecution for recreational sales difficult without proving intent.

A Wave of Local Ordinances

In response to these concerns, a growing number of cities and counties are implementing local bans:

• Humboldt County (unincorporated areas) adopted a standalone nitrous oxide ordinance and a Tobacco Retail Licensing (TRL) amendment (allowing license revocation for selling NO) on June 3, 2025, effective July 3, 2025.
• Arcata adopted its nitrous oxide ordinance on June 4, 2025, taking effect in early July.
• Rio Dell introduced its ordinance on June 3, 2025, with a vote to adopt on June 17, 2025.
• Ferndale had its first reading of a proposed ordinance scheduled for June 18, 2025.
• Eureka is planning the introduction of its nitrous oxide and TRL ordinances in August 2025, spurred by the 2024 fatal accident.
• Fortuna held a study session on August 18, 2025, to consider directing its City Manager to draft a ban and a TRL ordinance.
• Costa Mesa is introducing an ordinance to prohibit the unlawful sale or distribution of nitrous oxide, aligning with regulations adopted by the County of Orange Board of Supervisors on February 25, 2025.
• Port Hueneme introduced an ordinance on July 21, 2025, specifically banning the sale of nitrous oxide at tobacco retailers.
• Oxnard adopted Ordinance 3065, prohibiting nitrous oxide.

Key Provisions and Exemptions

These new ordinances typically make it unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide nitrous oxide or devices intended for its administration.

However, they include important exceptions to protect legitimate uses:

• Nitrous oxide contained in a food product for use as a propellant (e.g., packaged whipped cream).
• Wholesale transactions for resale in services or products, where the seller has no reason to believe the product will be misused.
• Products specifically designed for vehicle performance enhancement, provided they are flavorless and sold by a licensed retailer.
• Sales for medical or dental care under the supervision of a licensed practitioner.
• Sales by pharmacists, pharmacy interns, or licensed wholesalers in accordance with state law.

Enforcement and Public Support

Violations of these ordinances are generally considered a misdemeanor, with penalties that can include a fine of up to $1,000, imprisonment for up to six months, or both. Many ordinances also establish violations as grounds for revocation of a business license. The Humboldt County TRL amendment specifically allows for the revocation of a tobacco license if a retailer is found selling nitrous oxide.

These local bans aim to reduce the availability of nitrous oxide for recreational use, deter health and safety incidents, close loopholes in state law regarding local sales, and empower law enforcement to prevent irresponsible sales practices. The fiscal impact is often deemed minimal, as enforcement activities are integrated into existing code enforcement and public safety operations.

Public opinion largely supports these measures. A June 2025 "LoCO Pollz" in Humboldt County revealed that 67% of 1,881 respondents supported banning recreational nitrous oxide sales, citing concerns about environmental litter and the negative health impacts and addiction it causes. This widespread community and governmental response highlights a unified effort to safeguard public health and safety from the dangers of recreational nitrous oxide.