CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
Item No. Item No.
Item No.
Item No.
TO: Honorable Mayor and Members of the City Council FROM: City Manager
SUBJECT: Urgency and Regular Ordinance Prohibiting the Sale and Distribution of Nitrous Oxide Meeting Date: October 13, 2026
RECOMMENDATION:
It is recommended that the City Council Consider:
Adopting the proposed Urgency Ordinance No. 838, by a four-fifths (4/5) vote, adding Chapter 6.09 to Title 6 of the Commerce Municipal Code (“CMC”) to prohibit the sale and distribution of nitrous oxide, subject to specified exceptions for lawful uses, effective immediately upon adoption; and Reading by title only, waiving further reading, and introduce Ordinance No. 838, amending Title 6 of the CMC to establish Chapter 6.09 prohibiting the sale and distribution of nitrous oxide, subject to specified exceptions for lawful uses, effective 30 days after second reading and adoption; and Determining that adoption of the Ordinances are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Title 14 California Code of Regulations section 15061(b)(3), based on the findings in the Ordinances and the record before the City Council.
EXECUTIVE SUMMARY:
The proposed urgency ordinance and regular ordinance (together “the Ordinances”) address retail access to nitrous oxide, which can be inhaled for intoxication and has been associated with serious health and safety harms. It prohibits selling, offering, distributing, or otherwise providing nitrous oxide and covered dispensing devices within the City of Commerce (“City”), while preserving the lawful uses specified in the attached Ordinances.
Two ordinances are recommended for adoption as a “belt and suspenders” measure to ensure that the City can enforce the restrictions immediately, and, in the event a court were to eventually determine an urgency ordinance was not appropriate, the regular ordinance will remain in place. The urgency ordinance will take effect immediately; the regular ordinance would (after second reading and adoption) take effect on November 26, 2026.
ANALYSIS:
The Ordinances are being brought forward in response to concerns raised by City Council members, community, and law enforcement professionals about the escalating misuse of nitrous oxide for intoxication and the absence of a local law prohibiting its sale and distribution. The adoption of the ordinance will align the City with several neighboring jurisdictions that have already enacted similar regulations to better safeguard community health and safety.
Often referred to by names such as “laughing gas,” “nox,” or “whippets,” nitrous oxide is a colorless and odorless gas with legitimate applications in medical, dental, industrial, and food preparation. However, the rise in non-medical, recreational use, driven by its low cost and easy retail access, has become a public health issue. Some retailers have chosen to sell nitrous oxide due to legal gaps, even when the purchaser intends to misuse the substance. Scientific studies have documented the serious health risks associated with recreational inhalation, further highlighting the need for local regulation.
In recognition of this issue, on September 18, 2026, Governor Gavin Newsom approved Senate Bill (“SB”) 936 which will restrict specified containers, inhalation devices, and flavored nitrous oxide, subject to statutory exceptions. However, the new State restrictions are not applicable until January 1, 2027. This leaves both a chronological gap and market-based gap within the City without immediate local regulation.
The Ordinances are a preventative measure that targets the root causes of a growing problem, while maintaining legitimate access for medical, industrial, and commercial use.
PROPOSED ORDINANCES
If approved, the proposed ordinance(s) would make it unlawful for any individual to sell, offer, distribute, or otherwise provide nitrous oxide or devices intended for its administration to any person. However, several important exceptions are included to protect legitimate commercial and medical uses:
Products containing nitrous oxide as a propellant in food items; Wholesale transactions where the seller does not have reason to believe the product will be misused; Devices and canisters used specifically for enhancing automotive performance; Medical or dental uses under the supervision of licensed professionals; Sales by pharmacists, pharmacy interns, or licensed wholesalers in accordance with state law; and Any other exceptions as provided under applicable laws.
Violations of the Ordinance(s) may be prosecuted as misdemeanors at the discretion of the citing officer or City Attorney. Upon conviction, penalties may include a fine, imprisonment, or both. Businesses that violate the Ordinance(s) may be subject to a business license revocation.
Need for Urgency Ordinance
The proposed Urgency Ordinance is drafted to preserve the public health, safety and welfare of the City’s residents. If passed, the proposed Urgency Ordinance would take effect immediately. In order to adopt such an urgency ordinance, the following must be done:
Adoption requires a four-fifths vote of the City Council; and The proposed Urgency Ordinance must contain findings, which are included with the proposed Urgency Ordinance, stating why the proposed Urgency Ordinance is needed to address a current and immediate threat to public health, safety, or welfare.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed Urgency Ordinance is exempt from CEQA pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance does not have the potential to significantly impact the environment. .
FISCAL IMPACT:
Adoption of the Ordinances is not expected to have a significant direct fiscal impact on the City. The ordinances may result in indirect fiscal impacts associated with enforcement activities, including staff time and resources. Any costs associated with enforcement are expected to be managed within the existing budget.
RELATIONSHIP TO STRATEGIC GOALS:
This item relates to the 2016 Strategic Plan’s Community Quality of Life, Guiding Principle 4. By restricting retail access to nitrous oxide for recreational misuse, the Ordinances advances the City’s goal of promoting healthy lifestyles and enhancing public safety for residents and businesses.
Prepared by: Mark Murray, City Attorney
Reviewed by: Jessica Serrano, Director of Community Development Reviewed by: Alvaro Castellon, Director of Finance
Approved as to form: Noel Tapia, City Attorney
Respectfully submitted: Ernie Hernandez, City Manager
ATTACHMENTS:
Urgency Ordinance No. 838 - Prohibiting the Sale and Distribution of Nitrous Oxide Ordinance No. 839 – Prohibiting the Sale and Distribution of Nitrous Oxide
City of Commerce Staff Report – Urgency and Regular Ordinance Prohibiting the Sale and Distribution of Nitrous Oxide October 13, 2026