1 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 6.103 (NITROUS OXIDE) TO TITLE 6 OF THE
ANAHEIM MUNICIPAL CODE (PUBLIC HEALTH AND
SAFETY) TO REGULATE THE SALE OF NITROUS OXIDE TO
PREVENT ILLEGAL AND RECREATIONAL USE IN ORDER
TO PROTECT PUBLIC HEALTH AND SAFETY
WHEREAS, the City of Anaheim (“City”) is a municipal corporation organized under the Constitution and laws of the State of California, and is empowered by Article XI, Section 7 of the California Constitution to adopt and enforce ordinances and regulations within its jurisdiction so long as they do not conflict with general laws; and
WHEREAS, the City is further authorized under California Health and Safety Code section 101450, as amended, to take measures necessary to preserve and protect public health, including by adopting ordinances, regulations, and orders consistent with general laws; and WHEREAS, nitrous oxide is an odorless, colorless chemical with legitimate uses, including as an anesthetic agent in medical and dental settings, as a propellant in food products, and for certain industrial purposes; and
WHEREAS, nitrous oxide is also subject to widespread recreational misuse and abuse, in part because it is readily available from retail vendors, relatively inexpensive, and often packaged in small, colorful, flavored canisters with labeling that encourages recreational use rather than legitimate purposes; and
WHEREAS, recreational misuse of nitrous oxide poses significant health risks, including oxygen deprivation, hypoxia, neurological damage, cognitive impairment, loss of consciousness, and even death; and
WHEREAS, misuse of nitrous oxide has increased nationally and globally over the past decade, with growing medical recognition of its long-term health consequences; and WHEREAS, California Penal Code section 381b makes it a misdemeanor to possess nitrous oxide with the intent to breathe, inhale, or ingest it for intoxication; and WHEREAS, California Penal Code section 381c makes it a misdemeanor to sell, furnish, administer, distribute, or give away nitrous oxide to persons under 18 years of age; and WHEREAS, California Penal Code section 381d imposes misdemeanor liability on anyone who distributes nitrous oxide with actual or constructive knowledge that the recipient intends to use it for intoxication, where such misuse results in great bodily injury or death; and 2 WHEREAS, California Penal Code section 381e further requires sellers of nitrous oxide to maintain purchaser-signed transaction records and make such records available to law enforcement and the California Board of Pharmacy; and
WHEREAS, despite these regulations, State law does not specifically prohibit retail sellers— such as tobacco shops or liquor stores—from selling nitrous oxide to adults, even when the seller has actual or constructive knowledge that the buyer intends to use it for intoxication; as a result, retail sales continue under a “don’t ask, don’t tell” approach that enables ongoing misuse and abuse; and
WHEREAS, Anaheim Police Department officers have observed nitrous oxide for sale at tobacco shops and liquor stores throughout the City; and WHEREAS, between January 1, 2024, and September 30, 2025, the Anaheim Police Department received 986 calls for service related to nitrous oxide, seized nitrous oxide as evidence 454 times, and made 373 arrests for possession of nitrous oxide with intent to inhale or ingest; and WHEREAS, the City currently does not regulate the retail sale of nitrous oxide and finds that, absent local regulation, the substance remains subject to significant risk of misuse and abuse; and WHEREAS, the City therefore seeks to adopt reasonable local regulations to protect public health and safety and to deter sellers from supplying nitrous oxide to individuals they know or reasonably should know intend to use it for recreational inhalation or other unlawful purposes; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to the requirements to prepare environmental documentation pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because the proposed chapter will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. Further, this ordinance is covered by the common sense exemption pursuant to Section 15061(b)(3), which is that CEQA applies only to projects that have the potential for causing a significant effect on the environment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS:
SECTION 1. Anaheim Municipal Code Chapter 6.103 is hereby added to read in full as follows:
6.103 NITROUS OXIDE.
3 .010 Authority and Purpose. This Chapter is enacted pursuant to the City’s plenary police powers to protect the public safety, health and welfare. The express purpose of this Chapter is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, which is a dangerous gas that can be illicitly used as an intoxicant. .020 Definitions. For purposes of this Chapter only, the following definitions shall apply. .0201 “Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide.
.0202 “Nitrous oxide” means the colorless nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as “laughing gas,” “NOS,” “Galaxy Gas,” “whippits,” among other names.
.0203 “Person” means any individual or legal entity however constituted or organized.
.0204 “Wholesale capacity” means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
.030 Prohibition on Sale or Distribution. Except as otherwise explicitly authorized by law or allowed under this Chapter, it is unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide. .040 Exceptions to Prohibition. This Chapter does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following exempt circumstances:
.0401 If the nitrous oxide is contained in a food product for use as a propellant. .0402 If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in section
6.103.020.0204 of this Chapter. This exemption only applies if the wholesaler does not know, and has no reason to know, that the recipient intends to use the nitrous oxide or device in violation of section 6.103.030 of this Chapter. 4 .0403 If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.
.0404 If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations. .0405 If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, intern pharmacist, or pharmacy as defined by California Business & Professions Code sections 4030, 4036, and 4037, as amended, in the course of their duties as a pharmacist or intern pharmacist, or wholesalers licensed by the California Board of Pharmacy. .0406 Any other circumstances explicitly exempted under law.
Any sale or distribution of nitrous oxide under this Chapter shall comply with all documentation requirements set forth in California Penal Code section 381e, as that section may be amended from time to time
.050 Violations and Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
Alternatively, violations may be addressed through the use of an administrative citation as set forth in Chapter 1.20 (Civil Citations). Use of criminal enforcement and/or civil citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this Chapter. This section of this Chapter shall not serve to limit any other legal remedies or actions that the City may have to address any violations of this Chapter.
.060 Severability. If any section, paragraph, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have adopted this Chapter irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Chapter be enforced.
SECTION 2. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. 5 SECTION 3. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2025, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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