Fortuna council directs city manager to draft total ban on recreational nitrous oxide and consider tobacco retail licensing
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Summary
After a county-funded retail study found nitrous oxide products sold in local smoke shops and public commenters raised safety concerns, Fortuna's council unanimously directed the city manager to return with an ordinance banning recreational nitrous oxide sales and a tobacco retail licensing ordinance.
The Fortuna City Council on Oct. 2025 directed the city manager to return with a proposed ordinance implementing a complete ban on recreational nitrous oxide sales and with a tobacco retail licensing ordinance. The direction followed a study session led by Humboldt County public health staff that presented retail observations and data about nitrous oxide and commercial tobacco availability.
Public health presenters Brianna Sherlock (Healthy Communities manager, Humboldt County Public Health), Katie Jo Slaughter (Humboldt County Substance Use Prevention Coordinator), and Jay Macedo (Partnership for Health and Equity and Inclusion) described retail observations and health data. They said county staff conducted 144 retail observations across Humboldt County and found nitrous oxide products in plain sight at 24 outlets; in a focused Eel River Valley observation of 28 outlets, staff found nitrous oxide openly displayed at four locations, including all three smoke shops in Fortuna.
Presenters cited several data points used to guide the county's approach: a California Healthy Kids survey excerpt reported that about 4 percent of seventh and eleventh graders in Humboldt County reported trying inhalants; 25 percent of ninth graders had tried vape products; and 67 percent of eleventh graders said it was fairly or very easy to obtain vaping products. Public health staff also said smoking-related commercial tobacco contributed to roughly 34 percent of county deaths.
The presenters described the nitrous oxide retail offerings observed: small canisters and 'crackers' for dispensing nitrous oxide, and increasingly larger refillable tanks sold with flavored mouthpieces that can dispense a steady stream of gas. Staff said their county ordinance is a total sales ban on nitrous oxide and associated paraphernalia, with exemptions for legitimate medical, dental and food-service prepackaged products; the county pairs the ban with enforcement mechanisms including license revocation and public nuisance provisions.
Public comments included the Fortuna Police chief, who urged the strictest possible local measures and cited local incidents and school-area litter of nitrous oxide canisters; Humboldt County Supervisor Michelle (Bushnell) described multiple personal and constituent tragedies she connected to nitrous oxide misuse and urged a strong local response. Following discussion, the council voted by voice to direct the city manager to return to council with a complete ban on recreational nitrous oxide sales and to draft a tobacco retail licensing ordinance; the voice vote was recorded as unanimous among those present.
Ending: City staff will prepare ordinances and return to a future council meeting for introduction and formal consideration. Public health staff and county partners offered technical assistance and shared the county ordinance for use as a model.
