Anaheim Municipal Code Ch. 6.103 Nitrous Oxide

.010 Authority and Purpose. This Chapter is enacted pursuant to the City's plenary police powers to protect the public safety, health and welfare. The express purpose of this Chapter is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, which is a dangerous gas that can be illicitly used as an intoxicant.

.020 Definitions. For purposes of this Chapter only, the following definitions shall apply.

.0201 "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide.

.0202 "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as "laughing gas," "NOS," "Galaxy Gas," "whippits," among other names.

.0203 "Person" means any individual or legal entity however constituted or organized.

.0204 "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).

.030 Prohibition on Sale or Distribution. Except as otherwise explicitly authorized by law or allowed under this Chapter, it is unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.

.040 Exceptions to Prohibition. This Chapter does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following exempt circumstances:

.0401 If the nitrous oxide is contained in a food product for use as a propellant.

.0402 If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in section 6.103.020.0204 of this Chapter. This exemption only applies if the wholesaler does not know, and has no reason to know, that the recipient intends to use the nitrous oxide or device in violation of section 6.103.030 of this Chapter.

.0403 If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.

.0404 If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

.0405 If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, intern pharmacist, or pharmacy as defined by California Business & Professions Code sections 4030, 4036, and 4037, as amended, in the course of their duties as a pharmacist or intern pharmacist, or wholesalers licensed by the California Board of Pharmacy.

.0406 Any other circumstances explicitly exempted under law.

Any sale or distribution of nitrous oxide under this Chapter shall comply with all documentation requirements set forth in California Penal Code section 381e, as that section may be amended from time to time.

.050 Violations and Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Alternatively, violations may be addressed through the use of an administrative citation as set forth in Chapter 1.20 (Civil Citations). Use of criminal enforcement and/or civil citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this Chapter. This section of this Chapter shall not serve to limit any other legal remedies or actions that the City may have to address any violations of this Chapter.

.060 Severability. If any section, paragraph, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have adopted this Chapter irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Chapter be enforced. (Ord. 6618 § 1; January 13, 2026.)