Westminster Municipal Code Ch. 9.78 Prohibition on the Sale or Distribution of Nitrous Oxide

This chapter is enacted pursuant to the City's 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, a dangerous gas that is illicitly used as an intoxicant.

(Ord. 2636, 5/13/2026)

As used in this chapter, the following terms shall have the meanings as set forth below:

"Device"

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

"Nitrous oxide"

means the colorless nonflammable gas sometimes identified as N2O, sometimes used in aerosols and 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," "NOX," "galaxy gas," and "whippits," among others.

"Person"

means any individual or legal entity however constituted or organized.

"Wholesale capacity"

means sale or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in services 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 the use in food production or commercial kitchens, and commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).

(Ord. 2636, 5/13/2026)

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. 2636, 5/13/2026)

This chapter does not apply to the sale, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following circumstances:

A. If the nitrous oxide is labeled and marketed as food-grade and is contained within a food product for use as a propellant or preservative.

B. If the nitrous oxide or device is being sold, offered, or distributed in a wholesale capacity by a person of age 18 or older. 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 9.78.030.

C. If the nitrous oxide or device being sold, attempted to be sold, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle, is flavorless, and is utilized at a facility approved by the California Bureau of Automotive Repair.

D. If the nitrous oxide is being sold, attempted to be sold, or distributed specifically for the purpose of providing medical or dental care, by or at the discretion 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, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.

F. Or any other circumstances exempted under law.

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

(Ord. 2636, 5/13/2026)

A. Any person in violation of any provisions of this chapter shall be guilty of a misdemeanor. For purposes of this provision, each day that a failure to comply with the requirements of this chapter occurs shall constitute a separate violation.

B. Any person violating any provision of this chapter may be subject to an administrative citation pursuant to Chapter 1.14 of this Code.

C. Punishment under this section shall not preclude any other remedies, penalties or procedures that the City may have to address violations of this chapter or as otherwise provided by law. Violations of this chapter are hereby declared to be a public nuisance.

(Ord. 2636, 5/13/2026)