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Senator Blake Spear advances bill to limit retail sales of large nitrous oxide cylinders
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Summary
SB 936 would ban retail sale of nitrous oxide canisters larger than 8 grams while preserving legitimate medical, dental and culinary uses; supporters told the committee it would help curb youth misuse, impaired driving and hazardous waste handling.
Senator Blake Spear asked the Senate Business, Professions and Economic Development Committee to back SB 936, a bill that would prohibit retail sale of nitrous oxide canisters larger than 8 grams while preserving legitimate uses in medical, dental, culinary and automotive settings. He told the committee the larger, flavored canisters now marketed to young people have become a public‑health and public‑safety threat.
The bill’s author said large retail tanks can be bought in liquor and smoke shops and often come with inhalation attachments and youth‑oriented branding. “Driving under the influence of nitrous oxide can cause impairment and accidents,” he said, and cited an incident in his district in which a driver fell asleep behind the wheel after inhaling nitrous oxide and fled the scene with two young children.
The measure would not create new criminal possession offenses but would regulate sale and distribution, using civil penalties and regulatory tools and moving the offense into the Health and Safety Code for enforcement. Spear described amendments that narrow the scope so items like balloons or plastic bags used for non‑inhalation purposes do not fall under the prohibition, and that sales restrictions apply when a distributor “knows or reasonably should know” a product will be used for inhalation.
Orange County Supervisor Katrina Foley and Humboldt County Supervisor Michelle Buschnell testified in support. Foley recounted treating families affected by addiction and described neurologic injuries and repeat emergency holds; Buschnell said she had seen fatal crashes she attributed to nitrous misuse.
Committee members asked about enforcement mechanisms and whether existing licensing and local ordinances could be leveraged. Members also noted concerns raised by civil‑liberties groups in earlier hearings and noted the author’s amendments to address those points.
The committee recorded the motion to move SB 936 to the Senate Appropriations Committee; the item was placed on call at the end of the hearing.
