Chapter 8.11
NITROUS OXIDE Revised 12/25
Sections:
8.11.010 Purpose and authority. Revised 12/25
8.11.020 Definitions. Revised 12/25
8.11.030 Prohibition on sale or distribution of nitrous oxide. Revised 12/25
8.11.040 Exceptions. Revised 12/25
8.11.050 Public nuisance. Revised 12/25
8.11.060 Enforcement. Revised 12/25
8.11.010 Purpose and authority. Revised 12/25
This chapter is enacted pursuant to the City’s police powers to protect the public safety, health, and welfare, consistent with state and federal law. The purpose of this chapter is to advance the health, safety, and general welfare of the citizens of the City of San Carlos by eliminating retail access for recreational use of nitrous oxide, a gas that is dangerous when illicitly used as an intoxicant. (Ord. 1631 § 2 (Exh. A), 2025)
8.11.020 Definitions. Revised 12/25
For the purposes of this chapter, the following definitions shall apply:
A. “Device” means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense, or administer nitrous oxide.
B. “Nitrous oxide” means the colorless nonflammable gas sometimes identified as N20, 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 and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as “laughing gas,” “NOX,” “galaxy gas,” or “whippits,” among other names.
C. “Person” means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, or any other entity.
D. “Research and development” means the systematic investigation, experimentation, or development undertaken to acquire new knowledge, test hypotheses, evaluate or improve products, processes, or technologies, or create new applications, when conducted by or under the supervision of (1) an accredited academic or vocational institution; (2) a business entity engaged in bona fide scientific, engineering, medical, or technological product development; or (3) a government agency or recognized nonprofit research organization. Research and development does not include activities primarily intended for personal, recreational, or other nonscientific purposes.
E. “Wholesale capacity” means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service 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 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. 1631 § 2 (Exh. A), 2025)
8.11.030 Prohibition on sale or distribution of nitrous oxide. Revised 12/25
A. 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.
B. Except as otherwise authorized by law or in circumstances described in Section 8.11.040, possession by a person of (1) any refillable or disposable nitrous oxide cylinder with a net content of six (6) pounds or more; (2) an aggregate of two hundred (200) or more standard eight (8) gram nitrous oxide cartridges; or (3) any equivalent amount of nitrous oxide shall give rise to a rebuttable presumption that the person is attempting to sell or distribute nitrous oxide. This presumption may be rebutted by competent evidence of lawful use or exemption under this chapter. (Ord. 1631 § 2 (Exh. A), 2025)
8.11.040 Exceptions. Revised 12/25
This chapter does not apply to the sale, attempt to sell, offer, distribution, or other manner of providing nitrous oxide, a device containing nitrous oxide, or a device to administer nitrous oxide in the following circumstances:
A. If the nitrous oxide is contained in a food product for use as a propellant.
B. If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed 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 8.11.030.
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 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, 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. If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of research and development.
G. Any other circumstances exempted under law. (Ord. 1631 § 2 (Exh. A), 2025)
8.11.050 Public nuisance. Revised 12/25
Any violation of this chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in the municipal code and State law, including, but not limited to, an action for abatement or injunctive relief. All remedies provided herein shall be cumulative and not exclusive. (Ord. 1631 § 2 (Exh. A), 2025)
8.11.060 Enforcement. Revised 12/25
A. Any person violating, or causing the violation of, any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the County Jail for a term not exceeding six (6) months, or by both such fine and imprisonment. Every day such violation continues shall constitute a separate offense.
B. A violation of this chapter is grounds for revocation of a tobacco retailer permit, in accordance with Section 8.07.290.
C. A violation of this chapter is grounds for suspension or revocation of a license or permit to operate under Title 5 (Business Taxes, Licenses and Regulations), if applicable.
D. This chapter shall not be interpreted to limit the applicable civil or administrative remedies available under law. All available enforcement procedures and remedies remain applicable including, but not limited to, administrative fines set forth in Chapter 1.20 or other applicable law. (Ord. 1631 § 2 (Exh. A), 2025)