From: Gabe Teran <[email protected]>
Sent: Wednesday, July 9, 2025 3:58 PM
To: City Clerk Internet EMAIL Group <[email protected]> Cc: City Manager Internet EMAIL Group <[email protected]>; Kevin Kildee <[email protected]>
Subject: Oxnard - Proposed Nitrous Oxide Ordinance
Good afternoon,
I plan to provide a comment this evening for items not on the Council agenda. I wanted to provide these additional materials for review and consideration by Staff and the City Council.
https://oxnardca.portal.civicclerk.com/event/5385/files/report/6054
As I will state in my comment, I would like to share this information with neighboring jurisdictions and the public, as I am concerned that the market for these devices may migrate to neighboring cities - and I view this as a public and community health issue that we should all be aware of.
Please let me know if there are any questions at all.
Thank you!
Gabe Teran (he/him/él)
Mayor Pro Tem
City Councilmember, District 2
City of Oxnard
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.3
DATE: July 15, 2025
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Prohibition of Nitrous Oxide Ordinance. (10 minutes)
RECOMMENDATION
That the City Council approve the first reading by title only and waive further reading of the proposed ordinance titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE XXVII TO CHAPTER 7 TO THE OXNARD CITY CODE PERTAINING TO THE PROHIBITION OF NITROUS OXIDE.”
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/C2gN_LLcl18
BACKGROUND
Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products. While nitrous oxide has legitimate purposes in certain professional and controlled settings, the improper inhaling or ingesting as an intoxicant causes serious harm to those who misuse it recreationally. Nitrous Oxide is subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive.
Access by those who improperly abuse Nitrous Oxide for recreational purposes can cause short-term dangers through intoxicating the brain, such as illogical thinking or irrational behaviors, permanent vitamin deficiencies in the blood, as well as causing long-term physical, neurological, and psychological damage, including paralysis and death in severe cases. This serious and growing problem of the abuse of nitrous oxide causes lasting negative impacts on individuals, their families, and our local communities.
The incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both within the City and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse. Nitrous Oxide recreational misuse and abuse has been associated with multiple traffic incidents and criminal incidents throughout the City in the past several years.
Penal Code section 381b specifically makes the following a misdemeanor: (1) possessing nitrous oxide, or any substance containing nitrous oxide, for the purpose of intoxication or (2) being under the influence of nitrous oxide or any material containing nitrous oxide. Within the past twenty-four months, the Oxnard Police
Department has issued 35 citations for violations of Penal Code section 381(b). Additionally, a citation for a violation of Penal Code section 381e was issued to one smoke shop for failing to record sales transactions for Nitrous Oxide as required under the Penal Code.
However, Penal Code section 381b does not prevent the sale of nitrous oxide; rather, it criminalizes the abuse of Nitrous Oxide. Currently, the City seeks to regulate the sale of Nitrous Oxide and finds and declares that, in the absence of City regulations, Nitrous Oxide creates a significant risk to the public through the sale of Nitrous Oxide to individuals who intend to misuse or abuse the product. The City desires to regulate the sale of Nitrous Oxide in order to preserve and protect the community from individuals that use the products for illegal purposes. This proposed Ordinance specifically prohibits the sale or distribution of regular and flavored nitrous oxide. The Ordinance was drafted to ensure there is no confusion that flavored nitrous oxide is also prohibited.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Michelle McCarron, Assistant City Attorney, Andrew Gonzalez, Deputy City Attorney
ATTACHMENTS
1. Nitrous Oxide Ordinance
2. Proposed Prohibition of Nitrous Oxide Ordinance Presentation Council
AN ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA,
ADDING ARTICLE XXVII TO CHAPTER 7 OF THE OXNARD CITY
CODE PERTAINING TO THE REGULATION OF NITROUS OXIDE
Andrew Gonzalez, Deputy City Attorney
City Attorney Office
City Council
07/15/2025
Recommendation
2 That the City Council review and approve the first reading by title only and waive further reading of the proposed ordinance titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING
ARTICLE XXVII TO CHAPTER 7 TO THE OXNARD CITY CODE
PERTAINING TO THE PROHIBITION OF NITROUS OXIDE.”
Background
• Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products.
While nitrous oxide has legitimate purposes in certain professional and controlled settings, the improper inhaling or ingesting as an intoxicant causes serious harm to those who misuse it recreationally. Nitrous Oxide is subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive.
3 Background
• Access by those who improperly abuse Nitrous Oxide for recreational purposes can cause short-term dangers through intoxicating the brain, such as illogical thinking or irrational behaviors, permanent vitamin deficiencies in the blood, as well as causing long-term physical, neurological, and psychological damage, including paralysis and death in severe cases. This serious and growing problem of the abuse of nitrous oxide causes lasting negative impacts on individuals, their families, and our local communities. 4 Background
• The incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both within the City and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse. Nitrous Oxide recreational misuse and abuse has been associated with multiple traffic incidents and criminal incidents throughout the City in the past several years. Penal Code section 381(b) specifically makes the following a misdemeanor: (1) possessing nitrous oxide, or any substance containing nitrous oxide, for the purpose of intoxication or (2) being under the influence of nitrous oxide or any material containing nitrous oxide.
5 Background
• However, Penal Code section 381(b) does not prevent the possession of nitrous oxide in general. The City does not currently regulate the sale of Nitrous Oxide and finds and declares that in the absence of local regulation, Nitrous Oxide remains subject to significant risk of misuse and abuse through sale to individuals who intend to misuse or abuse the product. The City desires to regulate the sale of Nitrous Oxide in order to preserve and protect public health and to dissuade sellers of Nitrous Oxide products from selling to individuals who they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation).
6 QUESTIONS?
CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.
ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE XXVII TO CHAPTER 7 OF THE OXNARD CITY CODE PERTAINING TO THE
REGULATION OF NITROUS OXIDE
WHEREAS, Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products; and WHEREAS, Nitrous Oxide is also subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive; and WHEREAS, Penal Code section 381b specifically makes the following a misdemeanor: (1) possessing nitrous oxide, or any substance containing nitrous oxide for the purpose of intoxication or (2) being under the influence of nitrous oxide or any material containing nitrous oxide. However, Penal Code section 381b does not prevent the possession of nitrous oxide in general; and
WHEREAS, the recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin deficiencies in the blood, and can cause long-term neurological effects, including paralysis and death; and
WHEREAS, the incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both within the City and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse; and
WHEREAS, Nitrous Oxide recreational misuse and abuse has been associated with multiple traffic incidents and criminal incidents throughout the City in the past several years; and WHEREAS, the City does not currently regulate the sale of Nitrous Oxide and finds and declares that in the absence of local regulation, Nitrous Oxide remains subject to significant risk of misuse and abuse through sale to individuals who intend to misuse or abuse the product; and WHEREAS, the City desires to regulate the sale of Nitrous Oxide in order to preserve and protect public health and to dissuade sellers of Nitrous Oxide products from selling to individuals which they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
Part 1. Incorporation of Recitals. The findings and determinations reflected above are true and correct, and are incorporated by this reference as though fully set forth herein as the cause and foundation for the action taken by and through this Ordinance.
Part 2. Codified Amendment. The City Clerk is directed to request that the publisher of the City Code add thereto the amendments listed in Part 3 of this Ordinance to Chapter 7, Article XXVII and sections 7-370 through 7-375 as set forth below.
Part 3. Article XXVII sections 7-370 through 7-375 are hereby added to Chapter 7 of the Oxnard City Code to read as follows:
“ARTICLE XXVII. REGULATION OF NITRIOUS OXIDE
Sec. 7-370 Authority and Purpose
This article is enacted to protect the public safety, health and welfare by eliminating retail access for recreational use of nitrous oxide which is a dangerous gas that is illicitly used as an intoxicant.
Sec. 7-371 Definitions
For purposes of this article, the following definitions apply. (A) "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide. (B) "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," "NOX," "galaxy gas," "whippits," amongst others. (C) "Person" means any individual or legal entity however constituted or organized. (D) "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 the 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). (E) “Flavored Nitrous Oxide” means any nitrous oxide product that contains a taste or smell, other than the taste or smell of nitrous oxide, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a nitrous oxide product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a nitrous oxide product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of nitrous oxide will constitute presumptive evidence that the product is a flavored product.
Sec. 7-372 Prohibition on Sale or Distribution of Nitrous Oxide Except as otherwise authorized by law or allowed under this article, 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.
Sec. 7-373 Prohibition on Sale or Distribution of Flavored Nitrous Oxide Except as otherwise authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person flavored nitrous oxide, a device to dispense or administer flavored nitrous oxide, or any device that contains any quantity of flavored nitrous oxide.
Sec. 7-374 Exceptions to Prohibition
This article 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 circumstances:
(A) If the nitrous oxide is contained in a food product for use as a propellant. (B) 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 subsection (D) of section 7-371. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of sections 7-372 or 7-373. (C) 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. (D) 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.
(E) If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code §§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy. (F) Or any other circumstances exempted under law.
Sec. 7-375 Violations and Penalties
Any person who violates this Article 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 County Jail for a period of not more than six (6) months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of this Article. A violation of sections 7-372 or 7-373 is grounds for a revocation of a business license, pursuant to section 11-25(A) of the Oxnard City Code.”
Part 4. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
Part 5. The City Council exercises its independent judgment and made findings herein above, that this ordinance is not subject to CEQA, because the activity is covered by the general rule that CEQA applies only to projects that will have a significant effect on the environment. There is no possibility that the passage of this ordinance will have a significant effect on the environment and adoption of this ordinance is exempt from CEQA.
Part 6. Pursuant to Government. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
Part 7. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. _____ was first read on July 15, 2025, and finally adopted on July ____, 2025 to become effective thirty days thereafter.
APPROVED AND ADOPTED this ______ day of July, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Luis A. McArthur, Mayor
ATTEST:
________________________________
Lourdes A. López, City Clerk
APPROVED AS TO FORM:
________________________________
Stephen M. Fischer, City Attorney