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Supervisors conceptually approve ordinance to ban retail sale of recreational nitrous oxide; education period planned before enforcement

September 15, 2025 | Santa Cruz County, California


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Supervisors conceptually approve ordinance to ban retail sale of recreational nitrous oxide; education period planned before enforcement
The Santa Cruz County Board of Supervisors on Sept. 9 conceptually approved an ordinance to ban retail sale and distribution of nitrous oxide when sold for recreational inhalation, citing growing local misuse, impaired driving incidents and neurological harms from chronic use.

Supervisor Justin Cummings introduced the proposal after hearing reports of substantial retail availability and recent local law‑enforcement seizures. County health and law‑enforcement officials described storefront displays and flavored canisters sold alongside devices and balloons marketed in youth‑facing colors. Lieutenant Nick Baldridge of the Sheriff’s Office told the board that nitrous products in some stores appear designed and marketed for recreational misuse, not culinary or medical use.

Public health manager Corinne Hyland and a recovery services provider told supervisors that misuse can produce neurologic injury, vitamin B12 inactivation and psychiatric symptoms; clinicians and recovery advocates urged legal restrictions to reduce youth access and to support treatment.

The proposed ordinance (concept stage) would add chapter 7.16 to county code to make it unlawful to sell, offer, distribute or furnish nitrous oxide or devices for recreational inhalation. It exempts culinary food‑propellant use, licensed medical and dental uses, and bona‑fide industrial applications. The enforcement structure the board approved by concept includes misdemeanor penalties, fines, and civil remedies; supervisors directed staff to notify and educate retailers and use an outreach‑first approach prior to formal enforcement.

Supervisor Cummings moved the ordinance and Supervisor Martinez seconded. The board voted unanimously to approve the ordinance in concept and send it for final reading and formal adoption at the next meeting; the ordinance will return for final action at the Sept. 30 meeting and — if adopted after a second reading — would take effect 30 days later. Supervisors asked staff to prepare education and compliance guidance for retailers and to coordinate with other jurisdictions on regional consistency.

Ending: The board’s concept approval begins a local restriction intended to close an enforcement gap in state law by preventing retail sales of nitrous oxide marketed for recreational inhalation; staff will provide outreach and a formal second reading at the Sept. 30 session.

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