Ordinance No. 4342
Prohibiting the Sale or Distribution of Nitrous Oxide
October 21, 2025
Prohibit the Sale or Distribution of Nitrous Oxide
October 7, 2025 - Councilmember Item (Van Der Mark, Twining and Kennedy) proposes prohibiting the sale or distribution of Nitrous Oxide within Huntington Beach Nitrous Oxide
Widely Available as “Culinary Use”
Virtually no Point-of-Sale restrictions
Short Term Effects
Nausea, blackouts, impaired motor control, disorientation Long Term Effects
Nerve damage, paralysis, cognitive impairment, death
Huntington Beach Impact
400% increase in Nitrous Oxide related arrests since 2023
Sale or Distribution Prohibited
Neighboring Jurisdictions—Santa Ana, Costa Mesa, Newport Beach, and the County of Orange all have adopted ordinances Penal Code 381(b) prohibits possession of Nitrous Oxide for intoxication Culinary loophole allows it to be sold as “Whipped Cream Charger” Packaged and marketed to children
Flavored as bubblegum and orange creamsicle—Chefs do not use Ordinance No. 4342
Prohibit the sale or distribution to any person Nitrous Oxide or a device to dispense Nitrous Oxide Exceptions: Wholesale sale for commercial use in food preparation, use in medical or dentistry settings, use in a vehicle to enhance performance of the vehicle, or being sold by a licensed pharmacist Prohibit the Sale and Distribution of Nitrous Oxide
Recommended Action
Introduce Ordinance No. 4342 for first reading, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 9.94 Thereof Prohibiting the Sale or Distribution of Nitrous Oxide,” and pass to a second reading on November 4, 2025.
Questions?