2/8/22, 1:22 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/2 Fw: Illegal Nitrous Oxide Sales
Agendadesk <[email protected]>
Tue 2/8/2022 12:26 PM
To: Rules and Open Government Committee Agendas <[email protected]> From: City Clerk <[email protected]>
Sent: Tuesday, February 8, 2022 12:08 PM
To: Agendadesk <[email protected]>
Subject: Fw: Illegal Nitrous Oxide Sales
Office of the City Clerk | City of San José
200 E. Santa Clara St., Tower 14th Floor
San Jose, CA 95113
Main: 408-535-1260
Fax: 408-292-6207
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From: < >
Sent: Tuesday, February 8, 2022 10:49 AM
To: District 6 <[email protected]>; District9 <[email protected]>; District1 <[email protected]>; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District 10 <[email protected]>; City Clerk <[email protected]> Cc: dmirzadegan < >
Subject: Illegal Nitrous Oxide Sales
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Nitrous oxide is a very dangerous substance that is being sold in smoke/vape shops. It is illegal to sell for inhalation, but is sold in stores that specialize in items for inhalation. Virtually all their sales are illegal and there is little to no enforcement of stores.
Councilmember Dev Davis's memorandum to ban the sale of this substance in smoke shops, to create enforecement, and to advocate to the state 2/8/22, 1:22 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 2/2 to ban it, is critically needed. I ask that all council members support her memorandum. This memorrandum will help protect our community.
Sincerely,
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2/8/22, 1:20 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/2 [External Email]
Fw: Fw: Selling Nitrous Oxide in Smoke Shops
Agendadesk <[email protected]>
Tue 2/8/2022 12:26 PM
To: Rules and Open Government Committee Agendas <[email protected]> From: City Clerk <[email protected]>
Sent: Tuesday, February 8, 2022 12:05 PM
To: Agendadesk <[email protected]>
Subject: Fw: Fw: Selling Nitrous Oxide in Smoke Shops
Office of the City Clerk | City of San José
200 E. Santa Clara St., Tower 14th Floor
San Jose, CA 95113
Main: 408-535-1260
Fax: 408-292-6207
How is our service? Please take our short survey.
From: Mark Morse < >
Sent: Tuesday, February 8, 2022 11:26 AM
To: Lisa Morse < >; City Clerk <[email protected]>; District1 <[email protected]>; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District 6 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District9 <[email protected]>; District 10 <[email protected]>
Cc: De Anna Mirzadegan
Subject: Re: Fw: Selling Nitrous Oxide in Smoke Shops
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Nitrous oxide is a very dangerous substance that is being sold in smoke/vape shops. It is illegal to sell for inhalation, but is sold in stores that specialize in items for inhalation. Virtually all their sales are illegal and there is little to no enforcement of stores.
Councilmember Dev Davis's memorandum to ban the sale of this substance in smoke shops, to create enforcement, and to advocate to the state to ban it, is critically needed. I ask that all council members support her memorandum. This memorandum will help protect our community.
2/8/22, 1:20 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources.
On Tue, Feb 8, 2022 at 11:10 AM Lisa Morse > wrote:
Sent from Yahoo Mail for iPhone
Begin forwarded message:
On Tuesday, February 8, 2022, 9:04 AM, Lisa Morse > wrote:
Nitrous oxide is a very dangerous substance that is being sold in smoke/vape shops. It is illegal to sell for inhalation, but is sold in stores that specialize in items for inhalation. Virtually all their sales are illegal and there is little to no enforcement of stores.
Councilmember Dev Davis's memorandum to ban the sale of this substance in smoke shops, to create enforcement, and to advocate to the state to ban it, is critically needed. I ask that all council members support her memorandum. This memorrandum will help protect our community.
Sincerely,
Lisa Morse
2/8/22, 1:21 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/2 Fw: Illegal Nitrous Oxide Plaguing Community
Agendadesk <[email protected]>
Tue 2/8/2022 12:26 PM
To: Rules and Open Government Committee Agendas <[email protected]> From: City Clerk <[email protected]>
Sent: Tuesday, February 8, 2022 12:05 PM
To: Agendadesk <[email protected]>
Subject: Fw: Illegal Nitrous Oxide Plaguing Community
Office of the City Clerk | City of San José
200 E. Santa Clara St., Tower 14th Floor
San Jose, CA 95113
Main: 408-535-1260
Fax: 408-292-6207
How is our service? Please take our short survey.
From: >
Sent: Tuesday, February 8, 2022 11:28 AM
To: District 6 <[email protected]>; District9 <[email protected]>; District1 <[email protected]>; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District 10 <[email protected]>; City Clerk <[email protected]> Cc: dmirzadegan >
Subject: Illegal Nitrous Oxide Plaguing Community
[You don't often get email from . Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.]
[External Email]
Nitrous oxide is a very dangerous substance that is being sold in smoke/vape shops. It is illegal to sell for inhalation, but is sold in stores that specialize in items for inhalation. Virtually all their sales are illegal and there is little to no enforcement of stores.
Councilmember Dev Davis's memorandum to ban the sale of this substance in smoke shops, to create enforcement, and to advocate to the state to 2/8/22, 1:21 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 2/2 ban it, is critically needed. I ask that all council members support her memorandum. This memorandum will help protect our community.
Sincerely,
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
2/8/22, 1:21 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/2 [External Email]
Fw: Selling of Nitrous Oxide in Smoke/Vape Shops
Agendadesk <[email protected]>
Tue 2/8/2022 12:26 PM
To: Rules and Open Government Committee Agendas <[email protected]> From: City Clerk <[email protected]>
Sent: Tuesday, February 8, 2022 12:04 PM
To: Agendadesk <[email protected]>
Subject: Fw: Selling of Nitrous Oxide in Smoke/Vape Shops Office of the City Clerk | City of San José
200 E. Santa Clara St., Tower 14th Floor
San Jose, CA 95113
Main: 408-535-1260
Fax: 408-292-6207
How is our service? Please take our short survey.
From: Helen Hutchings < >
Sent: Tuesday, February 8, 2022 11:41 AM
To: District 6 <[email protected]>; District9 <[email protected]>; District1 <[email protected]>; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District 10 <[email protected]>; City Clerk <[email protected]> Subject: Selling of Nitrous Oxide in Smoke/Vape Shops
You don't often get email from . Learn why this is important Nitrous oxide is a very dangerous substance that is being sold in smoke/vape shops. It is illegal to sell for inhalation, but is sold in stores that specialize in items for inhalation. Virtually all their sales are illegal and there is little to no enforcement of stores.
Councilmember Dev Davis's memorandum to ban the sale of this substance in smoke shops, to create enforecement, and to advocate to the state to ban it, is critically needed. I ask that all council members support her memorandum. This memorrandum will help protect our community.
Sincerely,
Helen Hutchings
2/8/22, 1:21 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources.
San Jose Resident
2/8/22, 2:01 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/2 [External Email]
Re: Support Councilmember DAVIS Memo on Nitrous Oxide sales Agendadesk <[email protected]>
Tue 2/8/2022 1:51 PM
To: Rules and Open Government Committee Agendas <[email protected]> Cc: City Clerk <[email protected]>
Hi,
For letters from the public, thanks,
From: City Clerk <[email protected]>
Sent: Tuesday, February 8, 2022 1:46 PM
To: Agendadesk <[email protected]>
Subject: Fw: Support Councilmember DAVIS Memo on Nitrous Oxide sales Office of the City Clerk | City of San José
200 E. Santa Clara St., Tower 14th Floor
San Jose, CA 95113
Main: 408-535-1260
Fax: 408-292-6207
How is our service? Please take our short survey.
From: John Hutchings < >
Sent: Tuesday, February 8, 2022 1:38 PM
To: District 6 <[email protected]>; District9 <[email protected]>; District1 <[email protected]>; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District 10 <[email protected]>; City Clerk <[email protected]>; City Clerk <[email protected]>
Subject: Support Councilmember DAVIS Memo on Nitrous Oxide sales You don't often get email from . Learn why this is important Dear City Council Members,
Nitrous oxide is a very dangerous substance that is being sold in smoke/vape shops. It is illegal to sell for inhalation, but is sold in smoke and vape shops specializing in items for inhalation. 2/8/22, 2:01 PM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources.
It is hard to imagine these stores lawfully selling nitrous oxide and related products for any of the products legally regulated medical purposes. There is little to no enforcement of stores who are providing this product to people who are misusing it and becoming addicted to its pain killing / numbing medicinal properties.
Councilmember Dev Davis's memorandum to ban the sale of this substance in smoke shops, to create enforecement, and to advocate to the state to ban it, is critically needed. I ask that all council members support her memorandum. This memorrandum will help protect our community.
Sincerely,
John Hutchings
San Jose District 6 Resident
County of Santa Clara
Board of Supervisors
Supervisorial District Two
Supervisor Cindy Chavez
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian Page 1 of 2 County Executive: Jeffrey V. Smith
109381 B
DATE: February 15, 2022
TO: Board of Supervisors
FROM: Cindy Chavez, Supervisor
SUBJECT: Regulation of Recreational Nitrous Oxide Use
RECOMMENDED ACTION
Approve referral to Administration and County Counsel to report to the Board on March 22, 2022 with options for consideration relating to the regulation of the recreational use of nitrous oxide and additional actions and measures the County can take to prevent injury or death from such use. (Chavez)
FISCAL IMPLICATIONS
The fiscal implications of any actions recommended by the Administration will be included in the report back to the Board of Supervisors.
REASONS FOR RECOMMENDATION
My office recently became aware of the availability and sale of Nitrous Oxide (N2O) cannisters at cannabis dispensaries in Santa Clara County. Nitrous cannisters are a popular means by which individuals are seeking to alter their consciousness. Unfortunately, the misuse or overuse of this gas represents a potential health hazard and merits additional examination and discussion by the Board of Supervisors. While state law includes a number of provisions intended to ensure only adults purchase N2O and that those that do so provide identifying information, access, and use of the gas by minors represents a health risk that the county should seek to address. Ultimately the County may determine that increased local regulation regarding the sale of the gas may be warranted, as well as additional communication to youth and families about the health risks of N2O. Counsel’s analysis will likely include a discussion of the interaction of any local regulations with existing state law(s).
This referral requests that the report back include how the Administration can provide information and possible model ordinances to cities in Santa Clara County as well as any countywide public health communication strategies that may be appropriate.
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian Page 2 of 2 County Executive: Jeffrey V. Smith
Agenda Date: February 15, 2022
The County Office of Intergovernmental Affairs may also be able to support state legislation to more effectively regulate and restrict the sale of this gas in dispensaries, vape and smoke shops, and elsewhere. Such legislation was introduced but ultimately did not pass in May of 2021 as well as in 2017(SB 631) and 2019 (SB 193).
BACKGROUND
Currently, the use of nitrous oxide as a recreational drug is a misdemeanor punishable by up to six months in jail.1 However, the sale of nitrous oxide cannisters does not appear to be adequately regulated in Santa Clara County. A recent editorial in The Mercury News reported that the cannisters can be easily purchased in many smoke shops.2 Nitrous oxide, or laughing gas, was first synthesized in 1772 and today its primary clinical use is in dental anesthesia. It is also used commercially in small balloons and other inflatables.
It has also been widely used as a recreational drug since the 1970s, known colloquially as “Whip-its,” “Whippets,” or “hippie crack.” While it is less dangerous than heroin, cocaine, or opioids, the recreational use of nitrous oxide has been linked to death in the U.S. in peerreviewed studies as far back as the early 1990s.3 In 2020, the death of 46-year-old Tony
Hsieh, the Silicon Valley venture capitalist and founder of Zappos, was connected to nitrous abuse.4
A 1995 study also found a link between nitrous oxide exposure and spontaneous abortions among female dental assistants who were exposed to the drug more than three hours a week.5 1 California Penal Code 381b PC
2 https://www.mercurynews.com/2021/05/07/editorial-addictive-deadly-nitrous-oxide-meets-legislative-inaction/ 3 Asphyxial Deaths from the Recreational Use of Nitrous Oxide | Office of Justice Programs (ojp.gov) 4 Nitrous Nation: A Party Drug Endures - The New York Times (nytimes.com) 5Rowland AS, Baird DD, Shore DL, Weinberg CR, Savitz DA, Wilcox AJ. Nitrous oxide and spontaneous abortion in female dental assistants. Am J Epidemiol. 1995 Mar 15;141(6):531-8. doi: 10.1093/oxfordjournals.aje.a117468. PMID: 7900720.
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From: City Clerk
To: Agendadesk
Subject: FW: Support of nitrous oxide ordinance and legislation Date: Monday, February 14, 2022 4:11:27 PM
From: David Eisbach >
Sent: Monday, February 14, 2022 3:26 PM
To: City Clerk <[email protected]>; [email protected]; [email protected]; [email protected]
Subject: Support of nitrous oxide ordinance and legislation I wish to go on record opposing the sale of nitrous oxide, sold in smoke or vape shops and dispensaries. I would appreciate your viewing this as a priority David Eisbach, resident of San Jose