EUREKA, Calif. — The Eureka City Council on Oct. 21 voted 5-0 to introduce Bill 1050 CS, a local ordinance that would make it unlawful to sell, offer, distribute or provide nitrous oxide within city limits while preserving specific exemptions for medical use and prepackaged food products.

The proposed ordinance, introduced by Council Member Castellano with a carved-out exception for commercial vendors supplying restaurants and coffee shops, responds to local public-health and safety concerns about recreational nitrous oxide use, including emergency-room visits and at least one fatality cited during council discussion.

City Manager Slattery summarized the proposal to the council. “The ordinance itself prohibits the the sell, attempt to sell, offer, distribute, or provide nitrous oxide to any person,” Slattery said, adding that exemptions are written for medical purposes and prepackaged food-grade products (for example, commercially packaged whipped cream sold at grocery stores).

Why it matters

Council and public speakers described a pattern of flavored or single-use canisters being sold at tobacco and head shops that they say are being consumed by youth and others for intoxication. Council members cited emergency-room visits and a roadway fatality that city staff said involved someone impaired by nitrous oxide.

Key points from the ordinance and debate

- Prohibited conduct: The draft ordinance would bar the sale, offer, distribution or provision of nitrous oxide in the city, with explicit exemptions for (a) medical use and (b) food products that are already packaged (for example, retail cans of whipped cream).

- Possession: The ordinance text as drafted targets sales and distribution; it does not criminalize possession of nitrous oxide canisters.

- Enforcement and penalties: The draft classifies violations as misdemeanors with a stated penalty of a fine of $1,000, a term in county jail, or both. City staff and the city attorney explained those amounts reflect maximums available under misdemeanor law; actual penalties would be determined by prosecutorial decisions and the court.

- Online sales and delivery: Staff said they plan to use ZIP-code blocking (similar to past local ordinances) to limit deliveries to addresses where sales would be prohibited, and noted that coordinated regional adoption makes enforcement more effective because residents could otherwise travel to nearby jurisdictions to purchase the product.

- Regional coordination: Slattery said Humboldt County, Arcata and Rio Dell have passed similar measures; other nearby jurisdictions were listed as considering action.

Public comment

Several residents and service providers urged the council to act and to pair regulation with outreach. Amy Scott, who works with youth, told the council the substance can be “neurodegenerative” and urged education and harm-reduction strategies alongside regulation. Deborah Dukes, who lives near Eureka High School, described finding empty canisters in alleys: “I am sick to death of picking up those canisters,” she said, and urged the council to consider impacts on young people.

A local convenience-store operator, identified as Paul, told the council he supported removing the items from mainstream retail: “We concur with you guys. I think this weeds out bad actors in the industry,” he said.

Law-enforcement perspective

A representative of the police department cautioned that proving a seller intended nitrous oxide for recreational use rather than legitimate food or commercial use can be difficult. “When it comes to businesses, we generally don't enforce that against businesses because it's hard to tell they're selling it for the purposes of commercial use,” the representative said.

What the council did and what comes next

Council Member Castellano moved to waive full reading and introduce Bill 1050 CS with an amendment that would add an exemption for commercial vendors that distribute to restaurants and coffee shops. The motion was seconded and carried 5-0. Council members discussed whether to delay introduction to research additional exemptions and whether changes would be considered substantive at adoption; the city attorney advised council they could introduce the ordinance tonight and return with amendments if desired.

If the council adopts the ordinance after the required readings, staff said the ordinance would go into effect 30 days after adoption unless the council sets a different effective date. The city will return with implementation details, including how online sales would be handled and how the city would coordinate with neighboring jurisdictions.

Ending

Council members and several public commenters emphasized pairing enforcement with education and services for people who use nitrous oxide. The draft ordinance will return to the council for further action and final adoption procedures.