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Orange County supervisors approve first reading of ordinance to curb recreational nitrous oxide sales
Summary
The Board of Supervisors approved first reading of a proposed county ordinance to limit retail sales of nitrous oxide canisters, directing the county health officer to prepare a report on misuse and authorizing county counsel to pursue enforcement options.
Orange County supervisors on Feb. 11 voted unanimously to approve the first reading of a county ordinance aimed at restricting sales of nitrous oxide for recreational inhalation and to seek enforcement options against unlawful distribution.
The measure, introduced by Vice Chair Katrina Foley (Fifth District), directs the county health officer to prepare a report with recommendations on nitrous oxide abuse and instructs county counsel to pursue legal action as necessary to address public-nuisance sales, including potential civil actions against retailers.
Foley said the state law contains a “glaring loophole” that allows some retailers to sell nitrous oxide canisters so long as they do not ask buyers about intended inhalation use. “Many of the products and the attachments are designed for human consumption,” Foley said, adding that large distributors brand and flavor nitrous oxide “in ways that attract young inhalers.”
Orange County District Attorney Todd Spitzer told the board his office supports the county ordinance and noted that state law already makes use of nitrous oxide for recreational purposes a misdemeanor. He said the county ordinance would give county council an administrative enforcement tool and could enable local misdemeanor prosecution if the board pursues that route.
The draft ordinance contains exemptions for legitimate commercial uses, including dental and catering operations, county staff said. Foley and other supervisors cited reports of large canister quantities being sold at smoke shops and other retailers as part of the justification for a local ordinance while broader state or federal action remains stalled.
The board set the ordinance for a second reading and possible adoption at the Feb. 25 meeting and asked county staff to prepare the health‑office report and recommended enforcement language in the draft.
The vote: motion moved by Vice Chair Katrina Foley; motion carried unanimously.
