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Westminster council asks staff to draft ordinance to curb retail nitrous oxide sales
Summary
The Westminster City Council voted unanimously on March 11 to ask staff to draft a local ordinance restricting retail sales and distribution of nitrous oxide within city limits, exempting medical, industrial and commercial uses; staff cited gaps in state law and examples from nearby jurisdictions.
The Westminster City Council on March 11 directed staff to prepare a draft ordinance that would prohibit retail distribution and sales of nitrous oxide within city limits, while exempting legitimate medical, industrial and commercial uses. The motion passed unanimously, 5-0.
City staff outlined why a local rule is being considered, telling the council that "California state law prohibits possession of nitrous oxide with intent to inhale for intoxication, prohibits sale or distribution to anyone under the age of 18, and requires those who sell or dispense the gas to maintain transaction records," but that several cities and the County of Orange have enacted stronger local restrictions aimed at curbing recreational misuse. (City staff presentation.)
Vice Mayor DeWynn moved to have staff "come back with an ordinance banning distribution [and] sales of nitrous oxide within city limits with exceptions for commercial, industrial, or medical application, and also those strategies to enforce the ordinance." Councilmember Monzo seconded the motion. "I really don't see a common-sense need for a sale of this product," Monzo said, adding he believed retail sale is unnecessary in shops such as smoke shops and is more likely to be used for "nefarious reasons."
Councilmember Nam Kwang Nguyen asked staff whether neighboring cities that had passed restrictions included similar exemptions and enforcement mechanisms; staff identified Santa Ana, Garden Grove, Fullerton and Huntington Beach among the jurisdictions they reviewed and said the local measures often include clearer, narrower exemptions for licensed medical providers, pharmacies and specific food-processing uses.
The motion passed 5-0. The council did not adopt an ordinance at the meeting; the council directed staff to return with a draft ordinance and proposed enforcement strategy for future consideration.
What happens next: staff will research recent ordinances from other local jurisdictions and return to the council with draft language and enforcement options for a future meeting. No timeline for final adoption was specified at the March 11 meeting.
