Part 4 — EXCEPTIONS

The prohibitions in this chapter shall not apply to the following:

A.

A pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, who dispenses the device in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy or manufacturers classified under the North American Industry Classification System pursuant to California Penal Code Section 381e, as may be amended, who dispense the device in the course of their duties.

B.

A health care professional licensed in California who possesses and dispenses nitrous oxide in the course of medical or dental treatment.

C.

Any person who is under the influence of nitrous oxide or any material containing nitrous oxide duly received pursuant to exception A or B above.

D.

Any person who sells, attempts to sell, offers, or distributes nitrous oxide in a wholesale capacity. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of Section 6.89.301.

E.

Any person who possesses or distributes nitrous oxide under an express exemption pursuant to California Penal Code Sections 381b-e.

(Ord. 31269.)

Any sales or distribution of nitrous oxide contemplated under this Chapter shall comply with all documentation requirements set forth in California Penal Code Section 381e.

(Ord. 31269.)