California lawmaker pushes limits on flavored, large nitrous oxide canister sales

Stephen Hobbs, The Sacramento Bee on Jul 20, 2026

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A California bill would prevent smoke shops, convenience stores and other businesses in the state from selling large, flavored canisters of nitrous oxide, a colorless gas that has several legal purposes but is used by many to get high.

State Sen. Catherine Blakespear, D-Encinitas, said she authored the measure, Senate Bill 936, after hearing about a rise in nitrous oxide-related cases in her district, which includes San Diego County. Last year, the District Attorney’s Office there filed 74 cases involving the gas after only having six in 2023.

“It’s just right out there in plain sight,” Blakespear said.

Canisters of nitrous oxide are used to increase engine power in vehicles and help make whipped cream. It is the “laughing gas” sedative used during dental procedures. When inhaled recreationally, though, it can provide a rapid high that has become increasingly popular among teens and young adults and has drawn concern from health officials across the country. That use can lead to brain and spinal damage, as well as death.

Currently, state law makes it a misdemeanor to sell nitrous oxide to anyone who is under 18 years old or if the seller knows the person buying it intends to use it to get high. But canisters with flavors such as watermelon and as big as several liters are available for purchase at stores in the state. Blakespear’s measure would largely prevent the sale of containers that hold more than 8 grams of the gas or are flavored to smell or taste like food.

The effort follows the lead of county leaders across the state who have already moved to place tougher limits on the sale of the gas. One of them is Humboldt County, which last year approved an ordinance that made it generally unlawful for anyone to sell, offer or provide nitrous oxide to someone else.

Humboldt County Supervisor Michelle Bushnell had an employee who was found dead with a nitrous oxide canister in his hand and with garbage bags full of the containers inside his apartment, she told state senators at a committee hearing earlier this year for the measure.

“I urge you to take consideration of how dangerous nitrous is,” she said, “and to understand that this is an epidemic.”

The bill passed through that and other legislative committees — as well as the Senate — without receiving a single vote against it, but it does have its critics who view it as overly broad and unnecessary.

“We all agree with the intent: we want to reduce the supply of these things. We disagree with the approach,” said George Parampathu, a legislative attorney for ACLU California Action, which is connected to the state affiliates of the American Civil Liberties Union.

One of his concerns is that the measure would make it unlawful for someone to “distribute” a large nitrous oxide container, along with selling one. Parampathu warned that prosecutors could use the bill, if it passes, to target someone who gave the canister to friend without knowing that doing so would be illegal. Someone who violates the law could face a fine of up to $500 for a first offense and as much as $2,000 for more infractions in the future.

“We strongly believe that if the Legislature wants to regulate nitrous oxide products, the proper avenue is through public health and business regulations, not the creation of new crimes,” Parampathu said.

Blakespear said the goal of the bill is not meant to go after the possession or inhalation of nitrous oxide, but the sale of oversized and flavored canisters that appeal to young people. Businesses that violate the measure could have their licenses suspended for up to a year. Containers that are marketed for vehicles or food preparation are exempt from the restrictions.

“It’s really focused on shops that are selling these oversized flavored youth-marketed tanks,” Blakespear said. “That’s the intention and this should clearly address this.”

The measure would not ban sales to licensed medical, veterinary or dental officials “as part of the care or treatment of a disease, condition, or injury.”

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