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Orange County supervisors introduce ordinance to curb recreational nitrous oxide sales
Summary
On Feb. 11 the Board of Supervisors approved first reading of an ordinance directing the county health officer to report on nitrous oxide abuse and allowing legal action against unlawful sellers. Vice Chair Katrina Foley said the move fills a regulatory gap that enables retail sales intended for inhalation.
Vice Chair Katrina Foley introduced a first-reading ordinance on Feb. 11 that would add a new division to the county code addressing nitrous oxide distribution, sale and abuse.
Foley said state law contains a loophole that allows retailers to sell large canisters and flavored cartridges without asking the buyer about intended use. “Many of the products and the attachments are designed for human consumption,” she said, noting canisters sold in quantities and formats implausible for culinary use. Foley asked the county health officer to prepare a report and county counsel to pursue legal remedies, including civil public‑nuisance actions as needed.
Orange County District Attorney Todd Spitzer told the board his office supports the measure and noted state criminal law already makes recreational inhalation a misdemeanor punishable by up to six months. “What this ordinance would do is empower your county council to enforce administratively in the event there’s an individual distributing it for unlawful purposes,” he said.
Supervisors pressed staff to preserve legitimate uses — dental practices, commercial kitchens and certain automotive uses — and Foley said the draft ordinance includes narrow exceptions for such businesses. Board members also asked for clarity on enforcement and notice to lawful retailers to avoid unintended prosecutions of legitimate users.
The board moved, seconded and carried the item on unanimous voice vote, setting a second reading and adoption for Feb. 25, 2025. The ordinance directs staff to report back with recommendations on sale, use and legal options to address public‑health risks tied to recreational nitrous oxide inhalation.
