Westminster City Council
SUBJECT
Title
Request for Ordinance Restricting the Sale and Distribution of Nitrous Oxide.
End
From: Christine Cordon, City Manager
Requested by: Vice Mayor Mark Nguyen, District 3
Prepared by*: Ryan Salz, Senior Management Analyst
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member(s).
____________________________________________________________
RECOMMENDED ACTION
Recommendation
Staff recommend the Mayor and City Council provide direction.
end
BACKGROUND
On February 25, 2026, Vice Mayor Mark Nguyen requested an item on the agenda to discuss a draft ordinance banning the sale and distribution of nitrous oxide. Nitrous oxide, often referred to as "laughing gas," "NOX," or "whippets," is a colorless and odorless gas with a variety of legitimate applications in medical, industrial, and commercial settings. When inhaled in medical settings by trained professionals, nitrous oxide can help reduce pain and anxiety. However, recreational use of nitrous oxide from canisters or cartridges is associated with serious adverse health effects such as blood clots, neurological damage, asphyxiation, paralysis, and in some cases death. Driven by its low cost and easy retail access, it has become a prevalent public health issue in Orange County.
California Penal Code sections 381b through 381e regulates the possession and sale of nitrous oxide. Specifically, it prohibits the possession of nitrous oxide with the intent to inhale for intoxication, prohibits the sale or distribution of 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. However, state law does not explicitly regulate the retail sale of nitrous oxide canisters or prohibit their sale for various non-recreational purposes. This created a regulatory loophole that allows these products to remain widely available in retail settings like smoke shops and convenience stores. This dynamic has prompted recent local actions.
Recognizing gaps in state law, the Orange County Board of Supervisors unanimously voted to adopt an ordinance banning the sale of nitrous oxide for recreational use in unincorporated areas of the county as a public safety measure, becoming the first county in California to do so. The County’s ordinance prohibits offering, selling, or distributing nitrous oxide or related dispensing devices, with limited exceptions for legitimate uses such as food-grade products and industrial sales. Following the County’s lead, other nearby cities including Santa Ana, Garden Grove, Fullerton, and Huntington Beach have adopted similar restrictions.
At the local level, regulatory options may include one or more of the following:
• Restricting or prohibiting retail sales and distribution of nitrous oxide products within city limits.
• Establishing exceptions to facilitate distribution and use only for valid applications.
• Defining enforcement mechanisms and penalties.
Proceeding with enactment of an ordinance would align Westminster with neighboring jurisdictions that are implementing local solutions to address public safety concerns and control access to products frequently misused recreationally.
FISCAL IMPACT
There is no fiscal impact associated with this decision.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Staff recommends the Mayor and City Council consider banning the sale and distribution of nitrous oxide and provide direction regarding a proposed ordinance.
ATTACHMENTS
None.
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager