Orange County board sets second reading for ordinance targeting nitrous-oxide sales after DA endorsement

Vice Chair Katrina Foley introduced a first reading of a proposed county ordinance on Feb. 11 seeking to close what she described as a "glaring loophole" in state law that allows retailers to sell large nitrous-oxide canisters without checking intent.

Foley said the county’s draft ordinance would add a division to county code giving the county the authority to direct the county health officer to prepare a report and make recommendations on nitrous-oxide abuse, and to enable county counsel to take legal action where appropriate. She told the board that large, flavored canisters and accessories sold in smoke shops and liquor stores are marketed in ways that encourage human ingestion rather than legitimate culinary or industrial uses.

District Attorney Spitzer told the board his office supports the ordinance and said that under current state law recreational inhalation can be prosecuted as a misdemeanor. "What this ordinance would do is empower your county counsel to enforce administratively in the event that there's an individual distributing it for unlawful purposes," he said, adding the DA’s office stands ready to prosecute criminal acts if the county council decides to pursue criminal enforcement.

Supervisor Vicente Sarmiento and others expressed support and asked for clear exemptions to protect legitimate uses in dentistry, catering and automotive applications. Foley said the draft ordinance includes exceptions for dental offices, commercial kitchens and industrial uses.

The board moved and seconded the item and carried the motion to set second reading and adoption for the Feb. 25, 2025 meeting.