Newport Beach Municipal Code Ch. 6.40 Prohibition of Sale, Distribution, and Use of Nitrous Oxide

For the purposes of this chapter, the following words and phrases have the meaning set forth in this section:

“Device”

means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.

“Distribute”

means to furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain.

“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.

“Sell” or “sale”

means to furnish, exchange, transfer, deliver, or supply for monetary gain.

“Wholesale capacity”

means the sale of or distribution of nitrous oxide or devices in large/bulk quantities to retailers, resellers, or professionals, and not to an individual consumer or end user.

(Ord. 2025-27 § 2, 2025)

It shall be unlawful to use or attempt to use nitrous oxide within the City, unless the use of the nitrous oxide is authorized by the exceptions set forth in Section 6.40.040.

(Ord. 2025-27 § 2, 2025)

It shall be unlawful for any person in the City to sell, advertise for sale, offer for sale, attempt to sell, distribute, or otherwise provide to any person, directly or indirectly, nitrous oxide, any device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide, unless authorized by the exceptions set forth in Section 6.40.040.

(Ord. 2025-27 § 2, 2025)

This chapter shall not apply in the following circumstances:

A. When nitrous oxide is contained in a food product and used solely as a propellant.

B. When nitrous oxide or any associated device is sold, advertised, offered for sale, attempted to be sold, distributed, or otherwise provided in a wholesale capacity.

C. When nitrous oxide or any associated device is used, sold, advertised, offered for sale, attempted to be sold, distributed, or otherwise provided solely for the purpose of enhancing vehicle performance.

D. When nitrous oxide is used, sold, advertised, offered for sale, attempted to be sold, distributed, or otherwise provided for medical or dental care, under the supervision of a State licensed medical or dental practitioner and in accordance with all applicable rules and regulations of the State.

E. When a person uses nitrous oxide pursuant to a valid prescription issued by a medical practitioner licensed by the State, and such use is consistent with the terms of the prescription.

F. When nitrous oxide or any associated device is sold, advertised, offered for sale, attempted to be sold, distributed, or otherwise provided by: a State licensed pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037; or a wholesaler licensed by the California State Board of Pharmacy.

G. Any other circumstances exempted under law.

(Ord. 2025-27 § 2, 2025)