Humboldt County’s Recreational Nitrous Oxide and Tobacco Retail Licensing Ordinance Policy Work October 2025
Fortuna City Council Meeting
Recreational Nitrous Oxide Use in Humboldt
According to the 2021-2023 California Healthy
Kids Survey (CHKS) Humboldt County Secondary
Report, 4% of Grade 7 and Grade 11 students
reported that they have already used inhalants
(California Department of Education, 2023).
In the 2021, “Your Thoughts on Substance Use in
Humboldt County” survey, young people and
community members highlighted that nitrous
oxide misuse and litter should be a priority area
for our prevention work.
In May 2024, a fatal pedestrian collision involving
a driver under the influence of recreational
nitrous oxide occurred in the City of Eureka. Photo courtesy of: Lost Coast Outpost; July 8, 2024 Commercial Tobacco and Vaping Use in Humboldt County
34%
In Humboldt County,
smoking tobacco causes
or contributes to 34% of
all deaths (Humboldt
County Public Health
Data, 2005-2018).
20%
25% of Humboldt County
ninth-graders have used
vape products (California
Healthy Kids Survey Data,
2021-2023).
66%
67% of Humboldt 11thgraders report it is "fairly" or
"very easy” to obtain vape
(e-cigarette) products
(California Healthy Kids
Survey Data, 2021-2023).
Recreational NO Use: Short-Term Effects
Short-term effects may include (Alcohol and Drug
Foundation, 2025)
Dizziness and light-headedness
Blurred vision
Sweating
Unusual tiredness or weakness
Fainting or loss of blood pressure
Heart attack (in extreme cases)
Potential for hypoxia (lack of oxygen).
Packaging for “Great Whip” brand mini
and large sized nitrous tanks, found in
Fortuna at a busy apartment complex
of families with young children.
Recreational NO Use: Long-Term Effects
Long-term effects may include (Alcohol
and Drug Foundation, 2025)
Neurological damage
Memory loss
Vitamin B-12 depletion
Potential brain and nerve damage
Ringing or buzzing in the ears
(tinnitus)
Incontinence
Numbness in hands or feet
Limb spasms; loss of muscle control
Weakened immune system
Disruption to reproductive systems
Potential birth defects, if used during
pregnancy
Peripheral neuropathy
Psychological dependence
Potential for psychosis.
Nitrous oxide “whippet” canister litter
found at the mouth of the Van Duzen River
near Alton.
Canister
Small metal cartridges that contain compressed nitrous oxide gas Chargers, whippets or “Whip-Its”
Cracker:
Metal container that “cracks” the canisters and dispenses nitrous oxide gas Tanks
Dispense a steady stream of nitrous oxide gas without having to use canisters
Small to extra-large containers available.
Recreational NO Use: Paraphernalia Defined
Implementation Timeline
JANUARY 2024 JUNE 2024 2024-2025
The Humboldt County
Board of Supervisors
directed the DHHS
Public Health Branch to
address retail sales of
recreational nitrous
oxide through education
and policy approaches.
Public Health’s
Substance Use
Prevention program
was awarded funding
to work on
recreational nitrous
oxide education and
prevention.
Public Health’s
Substance Use
Prevention program
teamed up with
community partners
from October 2024-April
2025 to conduct a retail
landscape analysis.
DHHS Public Health
collaborated with City
Managers from
incorporated cities to
develop a Recreational
Nitrous Oxide
Ordinance and unified,
countywide approach.
2025
MAY 6, 2025 MAY 21, 2025
DHHS Public Health
did a presentation
about Nitrous
Oxide to the Arcata
City Council on May
21, 2025. Council
voted to adopt the
ordinance on June
4, 2025.
DHHS Public Health
introduced the Nitrous
Oxide Ordinance to the
Board of Supervisors on
May 6, 2025, with the
proposal that it be
adopted on
June 3, 2025.
DHHS Public Health
did a presentation
about nitrous oxide
at the UIHS Board of
Directors Meeting on
April 25, 2025.
APRIL 2025 JUNE 3, 2025
The Nitrous oxide
ordinance for
Humboldt’s
unincorporated
areas was adopted
on June 3, 2025, and
set to be enacted
July 3, 2025.
Implementation Timeline Continued
JUNE 3, 2025 JUNE 3, 2025 JUNE 18, 2025 JULY 2, 2025
DHHS Public Health
and PHEI did a
presentation about
nitrous oxide to the
Rio Dell City Council
on June 3, 2025. Rio
Dell voted to adopt
their ordinance on
June 17, 2025
DHHS Public Health
and PHEI did a
presentation about
nitrous oxide to the
Ferndale City Council
on June 18, 2025.
HWMA provided
public comment in
support of the policy
work.
1,881 community
members responded
to a LoCO Poll. 67%
voted that they
support county and
city jurisdictions
work to ban the sale
of recreational
nitrous oxide.
DHHS Public
Health and PHEI
are scheduled to
present to the
Fortuna City
Council on Aug.
18, 2025.
DHHS Public
Health and PHEI
did a presentation
about nitrous
oxide to County
Prevention
Coordinators on
July 2, 2025.
DHHS Public Health
and PHEI will present
about nitrous oxide
to Hoopa Valley
Prevention team
and UIHS All Staff
and Coalition
Meetings.
AUG. 18, 2025
DHHS Public Health
and PHEI did a
presentation about
nitrous oxide at UIHS
regional meeting on
July 11, and the
California Rural
Indian Health Board
(CRIHB) on July 15-16.
JULY 2025
DHHS Public
Health and PHEI
planning to
present about
nitrous oxide to
the Eureka City
Council in
Summer 2025.
SUMMER 2025 SUMMER 2025
Observation Timeline
OCTOBER
22 Retailers
Unincorporated
Humboldt
NOVEMBER
18 Retailers
Eureka Incorporated
Arcata Incorporated
Unincorporated
Humboldt
DECEMBER
20 Retailers
Unincorporated
Humboldt
JANUARY
20 Retailers
Arcata Incorporated
Trinidad Incorporated
FEBRUARY
61 Retailers
Eureka Incorporated
Fortuna Incorporated
Ferndale Incorporated
Rio Dell Incorporated
MARCH/APRIL
3 Retailers
Ferndale Incorporated
Eureka Unincorporated
Public Health and HASPI-CAN completed 144 retail observations from October 2024-April 2025.
This work included observations in unincorporated and incorporated Humboldt and did not include observations in tribal areas.
Staff observed nitrous oxide products in plain sight at 24 (16.7%) of 144 retail outlets.
5 of the outlets only had crackers and canisters
1 only had canisters.
18 retail outlets had crackers, canisters and tanks
Staff disclosed the nitrous oxide observations at 34 (24%) of the 144 retail outlets the team visited.
Recreational Nitrous Oxide Landscape Analysis
Observed NO Products
No NO products observed
0 10 20 30 40 50
Chef
Home Goods
Store/Convenience Store
Pharmacy/Drug Store
Independent
Liquor
Smoke Shops
Gas Stations
Market/Supermarket
3 18
1 1
1 Independent retail outlets include sex shops, glass shops, non-traditional tobacco retailers and variety or general stores.
Observed NO Products No NO Observed
0 2 4 6 8
Feedstores
Stores/Convienience Stores
Pharmacies
Home Goods
Smokeshops
Liquor Stores
Gas Stations
Markets/Supermarkets
Recreational Nitrous Oxide Sales in the Eel River Valley (ERV) 1 3
87.5%
12.5%
Nitrous oxide products in plain sight observed at 4 of 28 retail outlets.
Three Smoke Shops in Fortuna that also sell tobacco and nicotine products.
One Home Goods store in Ferndale selling NO products intended for home-based culinary use.
Anecdotal evidence that another retail outlet in Rio Dell may sell NO out of plain sight.
Community members shared that residents from other jurisdictions in the ERV travel to the outlets in Fortuna to purchase recreational nitrous oxide products.
Key Findings
Recreational nitrous oxide products are
readily available and located in plain sight in
most jurisdictions in Humboldt County.
The majority of retail outlets that sell
recreational nitrous oxide products are
smoke shops.
The retail outlets selling nitrous oxide also
have a variety of flavored nicotine and
tobacco products on their shelves.
The community, including retailers, have
anecdotally shared that other retailers are
likely selling NO in back rooms or behind
closed doors. The Substance Use Prevention program
trains local youth in annual Photo Voice
Projects. This project highlighted issues
of alcohol and other drug litter,
including nitrous oxide products, on the
HCOE Court & Community campus in
Eureka.
Commercial Tobacco and Vape Sales in the Eel River Valley (ERV) 28 tobacco retail outlets were observed in the ERV in February 2025, including 17 retail outlets in Fortuna.
Four tobacco retail outlets sold flavored tobacco products. Three tobacco retail outlets sold recreational nitrous oxide products.
Underage Sales Rates Across the County
In 2022, youth between the ages of 18-20 were sent into local stores to see if they could purchase tobacco products at local stores. 27% 50% 47% 54% In unincorporated
Humboldt In Fortuna In Ferndale In Arcata
Why are we talking about a tobacco retail licensing ordinance? Tobacco use is the number one cause of preventable death in California
230 cities and counties in California, including Humboldt County, have local TRL ordinances
Prevent youth access
Enforce local, state and federal laws
Without a TRL, there is no local enforcement structure or long-term funding for local control over tobacco sales
Unincorporated Humboldt
Pre-TRL: Over 60% of stores selling flavored products
Post-TRL: Less than 5% out of compliance
Flavor ban is state law
Several rounds of outreach, education and enforcement
In Public Health’s recreational nitrous oxide retail
landscape analysis, the majority of retail outlets that sell nitrous oxide products also sell commercial tobacco
products.
TRL and NO Policy Development
Closing loopholes in state Health and Safety Code
For example, no enforcement mechanism
Protecting youth through limited accessibility
Enforcing local, state and federal laws, as applicable
Local control, local community building
Unified policy approach between unincorporated Humboldt County and city jurisdictions
Recent local policies in Humboldt County
Tobacco Retail Licensing Ordinance (July 2023)
Unincorporated Humboldt; cities now considering
Commercial tobacco use
Nitrous Oxide Ordinance
Unincorporated Humboldt, cities of Arcata, Ferndale and Rio Dell (June/July 2025)
Cities of Eureka and Fortuna (planned fall 2025)
Connect with UIHS Board of Directors to consider how DHHS-Public Health and HASPI-CAN can support local Tribal communities in NO work Reciprocal and collaborative work on policy approaches when there’s interest from both parties
Focus on upstream prevention, protecting youth from harmful substances.
Nitrous oxide is available in
small to extra large tanks at
retail outlets throughout
Humboldt. Some tanks
contain flavored NO.
County of Humboldt Nitrous Oxide Ordinance (NO) Provisions Various brands of nitrous oxide tanks.
Photo courtesy of: Mad River Union;
KLH|Union March 13, 2025.
Ban on sale of NO and associated paraphernalia in
Humboldt County
No exceptions for
Culinary
Automotive
Permissible for use
Health care, dental, pharmacy
Contained in food product for use as a
propellant
For example, packaged, canned whipped
cream
Enforcement
Misdemeanor
Public nuisance
Revocation of business license
Revocation of tobacco retail license
Not a current enforcement mechanism
available to Fortuna without a TRL ordinance.
County of Humboldt’s Tobacco Retail Licensing (TRL)
Ordinance
Adopted in July 2023 by Humboldt County Board of
Supervisors for unincorporated Humboldt County
Purpose
Reduce the availability of tobacco for youth in the
community.
Provide local control for local, state and federal tobacco laws.
Public Health’s Division of Environmental Health provides enforcement for the TRL in unincorporated Humboldt.
TRL amendment on May 6, 2025
Reference standalone NO ordinance
Provide additional enforcement for tobacco retailers
who also sell nitrous oxide products and paraphernalia.
Tobacco retailers who also sell nitrous oxide products risk losing their TRL and Humboldt County business license.
Acknowledgement
Special thanks to all the retailers who have been very helpful allies to this work and have provided useful anecdotal information to guide our work. The DHHS-Public Health team appreciates you!
Additionally, thanks for the support from the following community partners and agencies:
Humboldt County Board of Supervisors
Incorporated City Managers
Health & Social Policy Institute: Communities Addressing Nicotine (HASPI-CAN)
United Indian Health Services (UIHS)
Humboldt County Sheriff’s Office
Eureka Police Department
Rio Dell Police Department
Fortuna Police Department
Humboldt Waste Management Authority
DHHS-Public Health’s Division of Environmental Health
DHHS-Public Health’s Nicotine and Tobacco Prevention program.
Contact Information
Briana Sherlock, MPH
Humboldt County DHHS - Public Health
[email protected]
707-296-5484
Katie Jo Slaughter, MA
Humboldt County DHHS - Public Health
[email protected]
707-296-8312
Jay Macedo, MA
Partnership for Health Equity and Inclusion (PHEI)
[email protected]
916-267-7071
Humboldt County DHHS - Public Health, Substance Use Prevention [email protected]
707-268-2132
References
Alcohol and Drug Foundation. (2025, March 7). Nitrous oxide. https://adf.org.au/drug-facts/nitrous-oxide/ Brunt T. M., van den Brink, W. & van Amsterdam, B. (2022). Mechanisms involved in the neurotoxicity and abuse liability of nitrous oxide: A narrative review. International Journal of Molecular Sciences, 23(23). https://www.mdpi.com/1422-0067/23/23/14747
California Department of Education (2023). California Healthy Kids Survey: Humboldt County secondary report, 2021–2023. WestEd.
Humboldt County Department of Health and Human Services Public Health Branch (2019). Humboldt County lung cancer, chronic obstructive pulmonary disease (COPD), and tobacco use mortality data report, 2005-2018.
Lost Coast Outpost (July 8, 2024). DUI suspect in fatal Eureka collision admitted to using nitrous before driving, says EPD. Lost Coast Communications.
Lost Coast Outpost (June 3, 2025). LoCo Pollz: POLL! Do you think Humboldt governments should ban nitrous oxide sales?