Ordinance/Nitrous Oxide Ban Page 1 of 8
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, ADDING A NEW CHAPTER 8.38 (“NITROUS
OXIDE”) TO TITLE 8 (“HEALTH AND SAFETY”) OF “THE
CODE OF THE CITY OF SANTA CLARA, CALIFORNIA,”
PROHIBITING THE SALE OF NITROUS OXIDE
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, nitrous oxide ( commonly known as “ laughing gas ”) is a colorless, non - flammable gas with a slightly sweet odor, with various legitimate and common uses in medical and dental procedures, food preparation and service, and industrial processes; WHEREAS, inhaling nitrous oxide (recreationally, outside the medical/dental setting) can result in very serious health problems including asphyxiation, blood clots, frostbite, impaired bowel and bladder function, loss of consciousness, paralysis, psychiatric disturbances (delusions, hallucinations, paranoia, depression), spinal cord or brain damage, and in some cases, death;
WHEREAS, nitrous oxide is not intended for recreational use, however, some individuals misuse it by inhalation to achieve a momentary euphoric high. Various medical and public safety authorities across the country have identified recreational use/abuse of nitrous oxide as a serious and growing threat to health and safety, particularly amongst the youth; WHEREAS, small canisters of nitrous oxide (referred to as “whippets”) are relatively inexpensive, sold in a variety of shops, often display colorful branding, and are offered in flavors like grape, cherry, and blueberry, making it appealing and accessible to a younger audience;
WHEREAS, due to the legitimate uses of nitrous oxide, it has not been classified as a controlled substance under federal law;
Ordinance/Nitrous Oxide Ban Page 2 of 8
WHEREAS, California Penal Code §§381b-381e, inclusive, regulate some, but not all, aspects of sale and use of nitrous oxide. Anyone who possesses it with the intent to ingest it, or is under the influence of it in a non-medical or dental setting, or sells it to a minor, is guilty of a misdemeanor. It is also a misdemeanor to sell or otherwise distribute it to another person, but only if the seller/distributor knows that the person is going to use it in violation of the law, and that person consequently causes great bodily injury or death to himself, herself, or another person;
WHEREAS, the City of Santa Clara does not presently regulate the sale or other distribution of nitrous oxide; and
WHEREAS, the City Council of the City of Santa Clara deems it to be in the interest of promoting the safety, health, and welfare of the public to adopt an ordinance banning the sale of nitrous oxide, with certain exceptions.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That a new Chapter 8.38 (entitled “Nitrous Oxide”) is added to Title 8 (entitled “Health and Safety”) of “The Code of the City of Santa Clara, California” (“SCCC”) to read as follows:
“Chapter 8.38
NITROUS OXIDE
8.38.010 Definitions.
8.38.020 Prohibition on the sale or other distribution of Nitrous Oxide.
8.38.030 Exceptions to Prohibition.
8.38.040 Enforcement.
8.38.010 Definitions.
(a) “Nitrous Oxide” (empirical formula N2O) is a colorless and non-flammable gas, Ordinance/Nitrous Oxide Ban Page 3 of 8
about 50 percent heavier than air, with a slightly sweet smell , also known as dinitrogen monoxide, dinitrogen oxide, or nitrogen oxide. It may be colloquially referred to as laughing gas, NOX, or galaxy gas, among others. For purposes of this chapter, nitrous oxide includes any substance containing nitrous oxide, and any nitrous oxide product containing additions such as flavorings.
(b) "Nitrous Oxide Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or any other object used to contain, dispense, inhale, ingest, or administer any amount of Nitrous Oxide. A Nitrous Oxide device may at times be colloquially referred to as a whippet, nang, nos canister, cannies, dusters, or laughing gas canister, amongst others.
(c) “Person” shall have the same meaning as set forth in SCCC 1.05.020(p)(1). (d) “Research and Development” means the systematic investigation, experimentation, or development undertaken to acquire new knowledge, test hypotheses, evaluate or improve products, processes, or technologies, or create new applications, when conducted by or under the supervision of (1) an accredited academic or vocational institution; (2) a business entity engaged in bona fide scientific, engineering, medical, or technological product development; or (3) a government agency or recognized nonprofit research organization. Research and Development does not include activities primarily intended for personal, recreational, or other non- scientific purposes.
(e) “Wholesale Capacity” means sale of or distribution of Nitrous Oxide or a Nitrous Oxide Device to a Person that will use it either in the performance of a lawful service, Research and Development, or in the creation or production of lawful goods for Ordinance/Nitrous Oxide Ban Page 4 of 8
resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of Nitrous Oxide Devices for the use in food production or in a commercial kitchen, commercial sale of Nitrous Oxide Devices for academic research purposes, and/or commercial sale of Nitrous Oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
8.38.020 Prohibition on the sale or other distribution of Nitrous Oxide.
Except as otherwise authorized by law or allowed under this article, it is unlawful for any Person to sell, attempt to sell, offer, distribute or otherwise provide to any Person Nitrous Oxide, or a Nitrous Oxide Device. For the purposes of enforcement under this Chapter, possession by a Person of any of the following shall give rise to a rebuttable presumption that the Person is attempting to sell or distribute Nitrous Oxide:
(a) Any refillable or disposable Nitrous Oxide Device with a net content of six (6) pounds or more;
(b) An aggregate of two hundred (200) or more standard 8-gram Nitrous Oxide Devices; or
(c) Any equivalent amount of Nitrous Oxide
This presumption may be rebutted by competent evidence of lawful use or exemption under this Chapter.
8.38.030 Exceptions to Prohibition.
This Chapter does not apply to the sale, attempt to sell, offer, distribution, or other manner of providing Nitrous Oxide or a Nitrous Oxide Device in the following circumstances:
Ordinance/Nitrous Oxide Ban Page 5 of 8
(a) If the Nitrous Oxide or Nitrous Oxide Device is being sold, attempted to be sold, offered, or distributed in a Wholesale Capacity. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the Nitrous Oxide or Nitrous Oxide Device in violation of State law or this Chapter. (b) If the Nitrous Oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of Research and Development. (c) A pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended or renumbered, who dispenses the device in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy. (d) Manufacturers classified under the North American Industry Classification System (NAICS Code 325120).
(e) A health care professional licensed in California who possesses and dispenses Nitrous Oxide in the course of medical or dental treatment, and in accordance with all applicable rules and regulations.
(f) Any person who is under the influence of Nitrous Oxide or any material containing Nitrous Oxide lawfully received or administered pursuant to subsections (c) or (e) above.
(g) If the Nitrous Oxide is contained in a food product for use as a propellant. (h) If the Nitrous Oxide or Nitrous Oxide Device that is being sold, attempted to be sold, offered for sale, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle. This exemption only applies if the provider Ordinance/Nitrous Oxide Ban Page 6 of 8
does not know or have reason to know that the recipient intends to use the Nitrous Oxide or Nitrous Oxide Device in violation of State law or this Chapter. (i) Any person who possesses or distributes Nitrous Oxide or Nitrous Oxide Devices under an express exemption pursuant to California Penal Code §§381b-e, as amended or renumbered.
Any sale or other distribution of Nitrous Oxide allowed under this Chapter must comply with all documentation requirements set forth in California Penal Code §381e, as amended or renumbered. Failure to comply shall constitute an independent violation of this Chapter.
8.38.040 Enforcement.
Pursuant to SCCC §1.05.070, the City, in its prosecutorial discretion, may enforce any violation(s) of the provisions of this Chapter as a criminal, civil, and/or administrative action.
(a) Violators may be guilty of a misdemeanor.
(b) Administrative citations issued under this chapter shall follow the process set forth in Chapter 1.10 SCCC. Administrative citations are subject to the following administrative penalty structure:
(1) Five hundred dollars ($500.00) for a first violation. (2) One thousand dollars ($1,000.00) for a second violation, or each additional violation thereafter, within one year of the last violation. (c) Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to Ordinance/Nitrous Oxide Ban Page 7 of 8
the provisions and procedures contained in this City Code and State law, including, but not limited to, an action for abatement or injunctive relief. (d) Any violation of this Chapter shall constitute good cause for revocation of a business license or permit, in accordance with Chapter 2.115, if applicable. (e) All remedies provided herein shall be cumulative and not exclusive.
This Chapter shall not be interpreted to limit the applicable civil or administrative remedies available under law. All available enforcement procedures and remedies available under other applicable law shall remain available.” SECTION 2: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 2026, by the following vote:
AYES: COUNCILORS:
Ordinance/Nitrous Oxide Ban Page 8 of 8
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ___________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None