1 Informational Report on the
Proposed Citywide Prohibition on
the Sale of Nitrous Oxide Products
Agenda Item No. 6 (26-891)
Aimée Escobar, Management Analyst
City Manager’s Office
City Council
September 22, 2026
Background
2 • Commonly known as “laughing gas,” nitrous oxide is a colorless, nonflammable gas used by health care professionals as a mild sedative and pain-relieving agent. • Nitrous oxide also has established culinary, automotive, and industrial applications. • Concerns have grown over the recreational misuse of nitrous oxide, particularly among teens and young adults who intentionally inhale the gas for its brief euphoric or intoxicating effects. 1 2
2 Background
3 • Products associated with this use are frequently sold in canisters, offered in flavors such as fruit, candy, or dessert, and packaged with colors that appeal to young consumers. • California state law restricts the possession and use of nitrous oxide for the purpose of intoxication and prohibits furnishing nitrous oxide under specified circumstances. • Currently, both federal and state lawmakers are considering new regulations relating to nitrous oxide consumer products (HR 7945 and SB 936).
Nitrous Oxide Safety Act of 2026 (HR 7945)
Purpose: Directs the Consumer Product Safety Commission (CPSC) to classify consumer-grade nitrous oxide (often called "whippets" or laughing gas) as a banned hazardous product.
Exemptions: Protects legitimate medical, dental, automotive, research, and commercial food production uses (such as standard integrated whipped cream canisters).
Goal: Stops companies from side-stepping regulations by mislabeling recreational or household nitrous oxide as food-grade products. 4 3 4
3 Purpose: Bans the sale of nitrous oxide containers holding more than 8 grams; prohibits the sale of flavored nitrous oxide or products marketed with food tastes or smells, such as bubble gum or candy; and bans containers and devices designed or marketed to allow direct inhalation or holding of the gas.
Exemptions: Protects legitimate medical, dental, automotive, research, and commercial food production uses.
Goal: Curb recreational abuse and local waste. 5
Nitrous Oxide: Sales (SB 936)
City of Santa Clara’s Proposed Ordinance
6 By distinguishing between legitimate uses and general retail availability, the proposed ordinance seeks to reduce access to nitrous oxide for recreational intoxication while minimizing impacts on businesses and professionals that use the substance for lawful purposes.
Makes it unlawful to sell, offer for sale, distribute, or otherwise provide nitrous oxide, nitrous oxide dispensers, or cartridges, canisters, cylinders, or similar devices containing nitrous oxide, except for specifically exempted lawful uses.
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4 Proposed Ordinance Exemptions
7 • Grocery and retail stores may continue to sell commercially packaged aerosol whipped cream. • Physicians and dentists may continue administering nitrous oxide in connection with patient care. • Restaurants and other qualifying food-service establishments may continue purchasing and using nitrous oxide and appropriate dispensing equipment for culinary purposes. • Qualifying businesses may continue selling or using nitrous oxide for legitimate automotive, manufacturing, and industrial applications.
Enforcement of Proposed Ordinance
8 Pursuant to SCCC Section 1.05.070, the City may enforce violations of this ordinance through criminal, civil, and/or administrative action.
Criminal Enforcement: Any person who violates a provision of the ordinance may be guilty of a misdemeanor, subject to the applicable penalties provided by the Santa Clara City Code and State law.
Administrative Citations and Penalties: Administrative citations issued shall be subject to the following penalty structure:
• Five hundred dollars ($500.00) for a first violation. • One thousand dollars ($1,000.00) for a second violation and for each additional violation occurring within one year of the immediately preceding violation.
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5 Enforcement of Proposed Ordinance
9 Public Nuisance: Any violation of the Ordinance is declared to constitute a public nuisance and shall be subject to all applicable civil, administrative, and criminal remedies and penalties available under this City Code and State law, including, but not limited to, abatement and injunctive relief.
Business License or Permit Revocation: Any violation of the ordinance shall constitute good cause for the revocation of an applicable business license or permit in accordance with Chapter 2.115 SCCC.
Community Outreach
10 Following City Council discussion of the proposed ban and direction to continue exploring its potential implementation, City staff will undertake the following outreach activities prior to Council consideration and approval. • City Informational Webpage • Direct Mailer to Active City of Santa Clara Business Licensees • Email Informational Campaign via the City’s GovDelivery System to News Subscribers & Santa Clara Business Licensees • Regional and Community Partner Outreach to Broaden Awareness of the Ban • Ongoing Education and Compliance Outreach to Businesses & the Community Following Ban Implementation
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6 Recommendation
11 1. Receive the staff report regarding the proposed citywide Nitrous Oxide Ban.
2. Receive and consider public comment.
3. Provide additional direction and feedback to staff for incorporation into the proposed ordinance and possible return to the City Council for further action.
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