Fortuna council hears public health data on nitrous oxide sales, agrees to revisit ordinance with full council

HUMBOLDT COUNTY PUBLIC HEALTH AND FORTUNA POLICE presented retail-observation data to the Fortuna City Council on Aug. 18 showing recreational nitrous oxide products are available in local retail outlets, including three smoke shops in Fortuna, and urged local controls to limit youth access.

The presentation, by Katie Jo Slaughter of Humboldt County Public Health, said the county completed 144 retail observations from October 2024 to April 2025 and found nitrous oxide products located in plain sight at 24 outlets. "Nitrous oxide is a colorless gas that is used appropriately in health care settings for sedation and pain relief," Slaughter said, adding that recreational use can cause dizziness, fainting and, in severe cases, hypoxia.

The presentation said 18 of the 24 outlets with nitrous in plain sight stocked "crackers, canisters, and tanks," five stocked crackers and canisters, and one stocked canisters only. Public health staff said tobacco retailers and smoke shops are a primary retail channel for recreational nitrous sales and that some flavored nicotine products—banned under California law—remain on local shelves in jurisdictions without tobacco retail licensing.

Fortuna Police Chief Eberhardt told the council that nitrous sales and use are a public-safety concern. "Less than 5 days ago, we had our most recent arrest related to this," he said, describing an arrest of a 24‑year‑old found with a large canister. He added that officers have seen large tanks in recent years and that a person arrested in his jurisdiction attributed long‑term nerve damage to nitrous oxide use.

Public health staff described recent county actions: the Humboldt County Board of Supervisors directed staff in January 2024 to study recreational nitrous oxide, and the county program received funding in June 2024. The presenters said Arcata, Ferndale, Rodeo and unincorporated Humboldt County have adopted sales bans or ordinances restricting nitrous oxide sales; the tobacco retail licensing ordinance for unincorporated Humboldt was adopted in July 2023.

Speakers and members of the public described community impacts, including litter and impaired driving. One resident recalled collecting large numbers of small "whippet" canisters along a highway and urged local action to protect young people. Public health and the police said existing state law—cited in the meeting as the California Penal Code provision prohibiting sale or purchase with intent to inhale—remains difficult to enforce when purchasers claim culinary use.

Council discussion focused on whether to act now or wait for a full council. One council member said they would prefer to wait for a full council; another expressed that personal liberty concerns make them inclined to vote against a strict ban. The council voted to bring the matter back at a future meeting when the full council can attend. The motion to return the item passed with those present voting in favor.

The presenters asked the council to consider a model that pairs a nitrous‑oxide sales ban with tobacco retail licensing to limit youth access, and the police chief requested administrative citation authority to levy fines up to $1,000 for repeat violations. No ordinance was adopted at the Aug. 18 meeting; staff and public health will return with additional information when the council is whole.

Background: Public health staff emphasized that recreational nitrous oxide is used in culinary and medical contexts that remain lawful, and county ordinances described during the presentation exempt medical, dental and pharmacy uses and prepackaged food products containing nitrous oxide. The presenters also noted a May 2024 fatal collision in Eureka that involved a driver impaired by recreational nitrous oxide.

What happens next: The council directed staff to return the issue when all council members can attend; public health and police said they would assist with enforcement planning and educational outreach in the interim.