Item 70/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 2/24/2026
Subject: Introduction and First Reading of an Ordinance adding Chapter 6.50 to Title 6 of the Garden Grove Municipal Code restricting the sale and distribution of nitrous oxide products. (Action Item)
OBJECTIVE
For the City Council to introduce an ordinance restricting the sale and distribution of nitrous oxide products.
BACKGROUND
After the adoption of regulations by the County restricting the sale and distribution of kratom and nitrous oxide products, and a report by Supervisor Janet Nguyen presented to the City Council, the City Council directed the City Attorney to prepare an ordinance establishing similar regulations to apply in the City.
Nitrous Oxide
Nitrous oxide, often referred to as "laughing gas", "NOX," or "whippets," is a colorless and odorless gas with legitimate applications in medical, dental, industrial, and food preparation.
However, the recreational misuse and abuse of nitrous oxide is becoming a more preva lent public health issue in Orange County, driven by its low cost and easy retail access. According to the DEA, 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. An August 2025 Special Report of the Orange County Health Care Agency pertaining to nitrous oxide is attached as Attachment 1.
The possession and sale of nitrous oxide is currently regulated under California Penal C ode sections 381b through 381e. The California Penal Code prohibits the possession of nitrous oxide with the intent to inhale for intoxication, makes it unlawful to sell or distribute nitrous oxide to anyone under the age of 18, requires those who sell or dispense the gas to maintain transaction records available for inspection, and makes it a misdemeanor to provide nitrous oxide to someone who is known or should reasonably be known to intend inhalation, particularly if such use results in great bodily harm or death.
Item 70/2026
DISCUSSION
The proposed ordinance attached as Attachment 3 will enact restrictions on the sale and distribution of nitrous oxide products.
The ordinance prohibits any person from selling, offering, distributing or otherwise providing nitrous oxide to any other person, including any device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide, subject to specific exemptions such as when contained in a food product for use as a propellant or for use in medical or dental practices, or when otherwise permitted under applicable law.
FINANCIAL IMPACT
There is no financial impact in the adoption of this ordinance.
RECOMMENDATION
It is recommended that the City Council:
Introduce and conduct the First Reading of an ordinance restricting the sale and distribution of nitrous oxide products and pass it to second reading.
ATTACHMENT(S)
1. OC Health Care Agency - Nitrous Oxide Report
2. Nitrous Oxide Products Photos
3. Ordinance