Costa Mesa council introduces ordinance to ban retail sale of nitrous oxide for recreational use

Costa Mesa lawmakers on Tuesday introduced an ordinance that would ban the retail sale and distribution of nitrous oxide for recreational use, saying local police have documented rising misuse with health and safety consequences.

The City Council voted 7-0 to introduce the ordinance for first reading after Costa Mesa Police Captain Jason Chamnis told the council that officers had found nitrous oxide on display in local smoke shops and that misuse — commonly called “”laughing gas”” or “”whippets”” — posed increasing risks. “Nitrous oxide in itself is not bad,” Chamnis said during his presentation, noting legal, medical and food-industry uses, “but where it is a problem is in the area of recreational use, especially with kids under the age of 18.”

Why it matters: Councilmembers and county officials said the ban is intended to close loopholes in state law that make enforcement difficult when retailers rely on buyers’ stated intent. Robbie Labounty, representing Orange County Supervisor Katrina Foley, read the supervisor’s letter of support, saying the county previously adopted a similar ban and that federal and county health officials had raised alarm about increased recreational use and related injuries.

What the ordinance would do: The draft ordinance would add a new chapter to the Costa Mesa Municipal Code to bar unlawful sale or distribution of nitrous oxide in the city and would allow civil fines and misdemeanor penalties for violations. Police investigators told council members they had already used state recordkeeping requirements in past enforcement visits to persuade several shops to stop selling the canisters.

Council discussion and outreach: Council members said they wanted to avoid punishing lawful commercial uses — for example, food-service cartridges and medical applications — and asked staff to craft exemptions and clear definitions in the municipal language. Staff said they had sent letters to known retailers before the hearing and planned a public information campaign timed with the ordinance if the council adopted it.

What’s next: The council approved the ordinance’s introduction on first reading; if adopted on second reading it would become city law. Staff said they would return with final ordinance language and an outreach plan. The ordinance introduction passed unanimously, 7-0.