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Board unanimously advances ordinance to curb retail nitrous-oxide sales
Summary
Vice Chair Katrina Foley secured first reading of a county ordinance to restrict retail nitrous-oxide sales and directed the county health officer to prepare a report; the board voted unanimously to set second reading and adoption for Feb. 25, 2025.
The Orange County Board of Supervisors voted unanimously on first reading to advance an ordinance aimed at closing a retail loophole used to sell nitrous oxide canisters—commonly called 'whippets'—that are being diverted for inhalant abuse.
Vice Chair Katrina Foley said state law contains a ‘‘don’t ask, don’t tell’’ gap allowing smoke shops, liquor stores and other retailers to sell nitrous-oxide canisters without questioning buyers and that many products are marketed or packaged in ways that appeal to young people. She urged the board to direct the county health officer to prepare a report on nitrous-oxide abuse, and to authorize county counsel to take legal action where necessary.
District Attorney Todd Spitzer told the board that state law already makes recreational use of nitrous oxide a misdemeanor in some circumstances, and that a county ordinance would create administrative enforcement options and additional criminal remediesif the board and county counsel elected that path. The board set the ordinance’s second reading and possible adoption for Feb. 25, 2025.
