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Sen. Blake Spear seeks sales limit on large flavored nitrous‑oxide tanks to curb misuse
Summary
SB 936 would prohibit the retail sale of nitrous-oxide containers larger than a defined size (targeting large flavored tanks) while preserving legitimate medical, industrial, and culinary uses; supporters cited doubled emergency visits and recycling hazards, while civil-liberty groups urged regulatory approaches over criminal penalties.
Sen. Blake Spear presented SB 936 and displayed a flavored large nitrous‑oxide canister as an example of products she said are sold in retail settings and abused recreationally. "This is not something your dentist is gonna be buying in the liquor store before you go to the dentist," she said, describing rising emergency department visits and hazardous waste disposal costs.
James Fontaine, a prosecutor in San Diego County, described a 400% increase in emergency visits related to nitrous oxide in his county over two years and recounted cases where drivers impaired by the substance caused serious crashes. Supporters ranged from county district attorneys to pediatricians and waste‑management groups. Opposition from the ACLU urged a regulatory approach and warned the bill could criminalize consumers rather than focus enforcement on retailers.
Sen. Blake Spear said the measure adopted amendments to target large high‑risk products, preserve legitimate uses, and use civil penalties and licensing enforcement tools rather than blanket criminalization of possession.
