Tustin Municipal Code Ch. 11 Sale and Distribution of Nitrous Oxide

The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

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

(2) "Distribute" means to furnish, give away, exchange, transfer, deliver, or supply, whether or not for monetary gain.

(3) "Nitrous Oxide" means any of the following: N20, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, and includes products containing any of those substances, including those described as NOS, NOX, galaxy gas, and whippits.

(4) "Person" means any individual or legal entity, however constituted or organized.

(5) "Sell" or "sale" means to furnish, exchange, transfer, deliver, or supply for monetary gain.

(6) "Wholesale capacity" means the sale or distribution of nitrous oxide or a device to dispense nitrous oxide to a person who will use nitrous oxide or the device in certain services or products for resale, including but 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).

(Ord. No. 1572, Sec. 2, 11-4-25)

Except as otherwise 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.

(Ord. No. 1572, Sec. 2, 11-4-25)

This chapter does not prohibit the sale, attempted sale, distribution, or other manner of providing nitrous oxide, or a device to dispense or administer nitrous oxide, in the following circumstances:

(a) If the nitrous oxide is contained in a device containing a food product where the nitrous oxide is used for purposes of serving as a propellant. Nitrous oxide itself is not a "food product" for purposes of this exception.

(b) 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 subsection (6) of section 6940. This exemption applies only in circumstances when 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 6941.

(c) 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.

(d) If the nitrous oxide or device 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.

(e) If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code sections 4030, 4036, and 4037, respectively (as may be amended from time to time), in the course of their duties as a pharmacist or pharmacist intern, or as a wholesaler licensed by the Board of Pharmacy.

(f) Any other circumstance explicitly exempted under Federal or State law or regulation.

Notwithstanding the foregoing, any sale or distribution of nitrous oxide, any device designed to dispense or administer nitrous oxide, or a device containing any quantity of nitrous oxide shall comply with all requirements of California Penal Code sections 381c and 381e.

(Ord. No. 1572, Sec. 2, 11-4-25)

Any violation of this chapter is unlawful and shall be subject to the penalties and enforcement mechanisms set fort in Chapter 1 of Article 1 of this code.

(Ord. No. 1572, Sec. 2, 11-4-25)