HomeMy WebLinkAboutApproved for Introduction Ordinance No. 4342 Prohibiting the f 111ING � 2000 Main Street,
F? . r0y Huntington Beach,CA
/ e 92648
City of Huntington Beach
APPROVED FOR ADOPTION
Fp o 19fl�:D.
1'01Nri 0\ 7-0
File#: 25-854 MEETING DATE: 11/4/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Kevin Johnson, Investigations Captain
Subject:
Adopt Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous Oxide -Approved
for introduction October 21, 2025, by a vote of 7-0
Statement of Issue:
At the request of Council Woman Van Der Mark and Councilmen Twining and Kennedy, the
Huntington Beach City Council, at its October 7, 2025, meeting, directed staff to prepare an
ordinance prohibiting the sale and distribution of Nitrous Oxide within the City.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Ordinance No. 4342, "An Ordinance of the City Council of the City of Huntington Beach,
adding a New Chapter 9.94 Entitled "Prohibition on Sale or Distribution of Nitrous Oxide" to Title 9 of
the Huntington Beach Municipal Code to Establish Regulations Prohibiting the Unlawful Sale or
Distribution of Nitrous Oxide in the City."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Nitrous oxide, commonly known as "laughing gas" or"whippets," has become a growing public health
and safety concern in Huntington Beach and throughout Orange County. Although nitrous oxide has
legitimate medical and commercial applications, it is increasingly being misused as a recreational
inhalant, creating challenges that require regulatory action beyond current state law.
Sold widely under the guise of"whipped cream chargers" or"culinary use," nitrous oxide is
inexpensive, packaged in colorful and youth-oriented designs, and readily available in smoke shops,
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File #: 25-854 MEETING DATE: 11/4/2025
convenience stores, and online. Unlike alcohol or cannabis, there are virtually no point-ofsale
restrictions, normalizing nitrous oxide as a cheap, easily accessible drug among young people.
The recreational use of nitrous oxide is not harmless. Short-term effects include disorientation,
nausea, blackouts, and impaired motor control-creating immediate risks to users and the public,
particularly when combined with driving or disruptive behavior. Chronic misuse poses even more
serious consequences, including vitamin B depletion, irreversible nerve damage, paralysis, cognitive
impairment, and even death.
The Huntington Beach Police Department has reported a sharp increase in nitrous oxide-related
arrests, rising from 28 in 2023 to 89 in 2024, and 113 arrests already recorded in 2025. This
represents more than a 400% increase since 2023. This upward trend underscores the urgent need
for proactive intervention.
While California Penal Code § 381(b) prohibits possession or use of nitrous oxide for intoxication, it
does not effectively address sales through the "culinary use" loophole. As a result, retailers continue
to profit from recreational distribution while law enforcement is left to prove individual intent, limiting
the effectiveness of enforcement.
Neighboring jurisdictions-including Santa Ana, Costa Mesa, Newport Beach, and the County of
Orange-have recently acted to close this loophole by adopting ordinances prohibiting the sale,
distribution, and recreational use of nitrous oxide. Adopting a similar ordinance in Huntington Beach
would safeguard public health, provide law enforcement with a clear and enforceable tool, and
reduce community impacts.
A municipal ban on the sale, distribution, and recreational use of nitrous oxide will close existing
regulatory gaps, limit youth access, reduce public nuisances, and affirm the City's commitment to
proactive public safety.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Ordinance No. 4342
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83
ORDINANCE NO. 4342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH,ADDING A NEW CHAPTER
9.94 ENTITLED "PROHIBITION ON SALE OR
DISTRIBUTION OF NITROUS OXIDE"TO TITLE 9 OF THE
HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH
REGULATIONS PROHIBITING THE UNLAWFUL SALE OR
DISTRIBUTION OF NITROUS OXIDE IN THE CITY
WHEREAS, the City of Huntington Beach is a Charter City and municipal corporation duly
created and existing under a Charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes
associated with medical or dental procedures in a clinical setting, and is legitimately used for
industrial purposes and as a propellant for food products; and
Nitrous Oxide is also subject to recreational misuse and abuse, in part,because it is easy to
purchase from retail vendors and relatively inexpensive; and
The recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin
deficiencies in the blood, and can cause long-term neurological effects, including paralysis and
death; and
The incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both
within the City and internationally over the past decade, with multiple medical studies noting
significant increases in recreational misuse in the past five years, as well as a broader medical
understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse
and abuse; and
{
The City does not currently regulate the sale of Nitrous Oxide and finds and declares that in
the absence of local regulation,Nitrous Oxide remains subject to significant risk of misuse and
abuse through sale to individuals who intend to misuse or abuse the product; and
The City desires to regulate the sale of Nitrous Oxide in order to preserve and protect public
health and to dissuade sellers of Nitrous Oxide products from selling to individuals which they
know or have reason to know intend to use the products for illegal purposes (i.e., recreational
ingestion and/or inhalation); and
On February 25, 2025,the County of Orange Board of Supervisors adopted Ordinance No.
25-004,adding Division 19 to Title 3 of the Codified Ordinances of the County of Orange to
prohibit the sale of nitrous oxide in the county, except when sold for culinary use,wholesale, for
use in a vehicle, for the purpose of providing medical or dental care, or by a pharmacist. The
ordinance was supported by the Orange County District Attorney,the Orange County Sheriff's
Department, and the Costa Mesa Police Department; and
The City of Huntington Beach,pursuant to the provisions of the California Environmental
Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and State
1
25-1 723 7/3 92023
1)
ORDINANCE NO. 4342
CEQA guidelines(Sections 15000 et seq.)has determined that the ordinance is not a"project"
and further, that it is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section
15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not
have an effect on the environment) such that no environmental review under CEQA is required;
and
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. A new Chapter 9.94 entitled"Prohibition on Sale or Distribution of Nitrous
Oxide"is added to Title 9 of the Huntington Beach Municipal Code,to read as follows:
Chapter 9.94. Prohibition on Sale or Distribution of Nitrous Oxide
9.94.010 Definitions. For purposes of this article,the following definitions 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 N2O,
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," "whippits," amongst others.
C. "Person" means any individual or legal entity however constituted or organized.
D. "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).
9.94.020. Prohibition on Sale or Distribution of Nitrous Oxide
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.
9.94.030. Exceptions to Prohibition.
This Chapter does not apply to the sale, attempt to sell, distribution, or other manner of
providing nitrous oxide, or a device containing nitrous oxide, in the following exempt
circumstances:
2
ORDINANCE NO. 4342
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, for uses similar to those described in subsection (D) of section 9.94.010.
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 9.94.020.
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,
sold by a licensed retailer, and is flavorless.
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&
Professions Code § 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.
Any sales or distributions of Nitrous Oxide contemplated under this section shall comply
with all documentation requirements set forth in California Penal Code §381e.
9.94.040. Violations and Penalties.
a. Any person who violates this chapter is guilty of a misdemeanor and upon
conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000) or
by imprisonment in the County Jail for a period of not more than six (6) months or by both such
fine and imprisonment. Each day any violation of any said provision of this chapter shall
continue shall constitute a separate offense.
b. Alternatively,violations may be addressed through the use of administrative
citations as set forth in Chapter 1.18 of this Code.
c. Use of criminal enforcement and/or administrative citations shall not prevent or
preclude the City from seeking injunctive relief and civil penalties in court for violation of this
article. This section shall not serve to limit any other legal remedies or actions that the City may
have to address violations of this chapter. A violation of this chapter is grounds for a revocation
of a business license, if applicable, pursuant to Section 5.04.300 of the Huntington Beach
Municipal Code.
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act("CEQA"),the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is not subject to CEQA under the general rule in CEQA
3
ORDINANCE NO. 4342
Guidelines Section 15061(b)(3)that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. City staff shall cause a Notice of Exemption to
be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 4. Inconsistencies. Any provision of the Huntington Beach Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to the extent necessary to affect the
provisions of this Ordinance.
SECTION 5. Effective Date. This Ordinance shall become effective 30 days after its
passage.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council
hereby declares it would have adopted this Ordinance, and each and every section, subsection,
subdivision, sentence, clause,phrase,or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall post or publish this Ordinance in the manner required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Huntington Beach at a regular meeting thereof held on the - day of MO , 2025.
Mayor
ATTEST: APPROVED AS TO FORM:
ram- *-1,7 ,—
Cit Jerk City Attorney
INITIATED AND APPROVED:
City Manager
4
Ord. No. 4342
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,LISA LANE BARNES,the duly elected, qualified City Clerk of the
City of Huntington Beach,and ex-officio Cleric of the City Council of said City,do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on October 21,2025,and was again read to said City
Council at a Regular meeting thereof held on November 4,2025, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
' 1
AYES: Twining,Kennedy,McKeon,Burns,Van Der Mark, Gruel,Williams
NOES: None
ABSENT: None
ABSTAIN: None
I,Lisa Lane Barnes,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on November 13,2025.
OlPtote,A414---
In accordance with the City Charter of said City. a
Lisa Lane Barnes.City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
114lain.. 11/5/23-
1, 13/25
H B Wave
PUBLISH DATE: 11/13/2025
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4342
Adopted by the City Council on November 4, 2025
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
ADDING A NEW CHAPTER 9.94 ENTITLED "PROHIBITION ON SALE OR
DISTRIBUTION OF NITROUS OXIDE TO TITLE 9 OF THE HUNTINGTON BEACH
MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE UNLAWFUL
SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY"
SYNOPSIS:
Ordinance No. 4342 establishes regulations prohibiting the unlawful sale or distribution of nitrous oxide in
the City. Nitrous oxide, commonly known as"laughing gas" or"whippets," has become a growing public
health and safety concern in Huntington Beach and throughout Orange County. Although nitrous oxide
has legitimate medical and commercial applications, it is increasingly being misused as a recreational
inhalant, creating challenges that require regulatory action beyond current state law.
The Huntington Beach Police Department has reported a sharp increase in nitrous oxide-related arrests,
rising from 28 in 2023 to 89 in 2024, and 113 arrests already recorded in 2025. This represents more than
a 400% increase since 2023. This upward trend underscores the urgent need for proactive intervention.
While California Penal Code§ 381(b) prohibits possession or use of nitrous oxide for intoxication, it does
not effectively address sales through the"culinary use" loophole. As a result, retailers continue to profit
from recreational distribution while law enforcement is left to prove individual intent, limiting the
effectiveness of enforcement.
Adopting this ordinance in Huntington Beach safeguards public health, provides law enforcement with a
clear and enforceable tool, and reduces community impacts.
A municipal ban on the sale, distribution, and recreational use of nitrous oxide closes existing regulatory
gaps, limits youth access, reduces public nuisances, and affirms the City's commitment to proactive
public safety.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
on November 4, 2025 by the following roll call vote:
AYES: Kennedy, Twining, McKeon, Burns, Van Der Mark, Gruel, Williams
NOES: None
ABSENT: None
This ordinance is effective December 4, 2025.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
LISA LANE BARNES, ELECTED CITY CLERK
111
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Synopsis - Ord No. 4342 - Page 1 of 2
HB Wave
PUBLISH DATE:11/13/2025
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4342
Adopted by the City Council on November 4,2025
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH,ADDING A NEW CHAPTER 9.94 ENTITLED"PROHIBITION ON SALE
OR DISTRIBUTION OF NITROUS OXIDE"TO TITLE 9 OF THE HUNTINGTON
BEACH MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE
UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY"
SYNOPSIS:
Ordinance No.4342 establishes regulations prohibiting the unlawful sale or distribution
of nitrous oxide in the City. Nitrous oxide, commonly known as "laughing gas" or
"whippets,"has become a growing public health and safety concern in Huntington
Beach and throughout Orange County.Although nitrous oxide has legitimate medical
and commercial applications, it Is increasingly being misused as a recreational
Inhalant,creating challenges that require regulatory action beyond current state law.
The Huntington Beach Police Department has reported a sharp increase in nitrous
oxide-related arrests, rising from 28 in 2023 to 89 in 2024, and 113 arrests already
recorded in 2025. This represents more than a 400%increase since 2023.This upward
trend underscores the urgent need for proactive Intervention.
While California Penal Code§381(b) prohibits possession or use of nitrous oxide for
intoxication,it does not effectively address sales through the"culinary use"loophole.
As a result, retailers continue to profit from recreational distribution while law
enforcement Is left to prove Individual intent,limiting the effectiveness of enforcement.
Adopting this ordinance in Huntington Beach safeguards public health,provides law
enforcement with a clear and enforceable tool,and reduces community Impacts.
A municipal ban on the sale,distribution,and recreational use of nitrous oxide closes
existing regulatory gaps, limits youth access, reduces public nuisances,and affirms
the City's commitment to proactive public safety.
Copies of this ordinance are available in the City Clerks Office.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on November4,2025 by the following roll call vote:
AYES: Kennedy,-Mining,McKeon, Burns,Van Der Mark,Gruel,
Williams
NOES: None
ABSENT: None
This ordinance is effective December 4,2025.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
LISA LANE BARNES,ELECTED CITY CLERK
Huntington Beach Wave
Published:11/13/25
Synopsis - Ord No. 4342 - Page 2 of 2
INCFOULONTAIN DES THE
/ VALLEY VIEW
1920 Main St. Suite 225, Irvine
Irvine, California 92614
(714)796-2209
legals@inlandnewspapers.com
City of Huntington Beach - City Clerk's Office
2000 Main Street
Huntington Beach, California 92648
Account Number: 5272431
Ad Order Number: 0011763897
Customer's Reference/PO Number:
Publication: Huntington Beach Wave
Publication Dates: 11/13/2025
Total Amount: $493.77
Payment Amount: $0.00
Amount Due: $493.77
Notice ID: 9oMSDJcp4MA0PocU3Q19
Invoice Text: HB Wave PUBLISH DATE: 11/13/2025 CITY OF HUNTINGTON BEACH LEGAL
NOTICE ORDINANCE NO.4342 Adopted by the City Council on November 4, 2025
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH,ADDING A NEW CHAPTER 9.94 ENTITLED"PROHIBITION ON SALE OR
DISTRIBUTION OF NITROUS OXIDE"TO TITLE 9 OF THE HUNTINGTON BEACH
MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE UNLAWFUL
SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY"SYNOPSIS:
Ordinance No.4342 establishes regulations prohibiting the unlawful sale or
distribution of nitrous oxide in the City. Nitrous oxide,commonly known as"laughing
gas"or"whippets,"has become a growing public health and safety concern in
Huntington Beach and throughout Orange County.Although nitrous oxide has
legitimate medical and commercial applications, it is increasingly being misused as a
recreational inhalant,creating challenges that require regulatory action beyond
current state law.The Huntington Beach Police Department has reported a sharp
increase in nitrous oxide-related arrests,rising from 28 in 2023 to 89 in 2024,and 113
arrests already recorded in 2025.This represents more than a 400%increase since
2023.This upward trend underscores the urgent need for proactive intervention.
While California Penal Code§381(b)prohibits possession or use of nitrous oxide for
intoxication, it does not effectively address sales through the"culinary use"loophole.
As a result, retailers continue to profit from recreational distribution while law
enforcement is left to prove individual intent, limiting the effectiveness of enforcement.
Adopting this ordinance in Huntington Beach safeguards public health, provides law
Synopsis-Ord No. 4342 - Page 1 of 2
See Proof on Next Page
INCLUDES THE
owl FOUNTAIN
VALLEY VIEW
Huntington Beach Wave
1920 Main St.Suite 225,Irvine
Irvine,California 92614
(714)796-2209
2000 Main Street
Huntington Beach,California 92648
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange County
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,and not
a party to or interested in the above-entitled matter. I am the
principal clerk of the Huntington Beach Wave, a newspaper
that has been adjudged to be a newspaper of general
circulation by the Superior Court of the County of Orange
County, State of California, on July 1, 1998, Case No. A-
185906 in and for the City of Irvine, County of Orange County,
State of California; that the notice, of which the annexed is a
true printed copy, has been published in each regular and
entire issue of said newspaper and not in any supplement
thereof on the following dates,to wit:
11/1312025
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true and
correct:
Executed at Anaheim,Orange County,California,on
Date: Nov 13,2025.
c
S ure
Synopsis-Ord No. 4342 - Page 1 of 2
H B Wave
PUBLISH DATE: 11/13/2025
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4342
Adopted by the City Council on November 4,2025
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH,ADDING A NEW CHAPTER 9.94 ENTITLED"PROHIBITION ON SALE
OR DISTRIBUTION OF NITROUS OXIDE"TO TITLE 90F THE HUNTINGTON
BEACH MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE
UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY"
SYNOPSIS:
Ordinance No.4342 establishes regulations prohibiting the unlawful sale or dlstrlbutlon
of nitrous oxide in the City. Nitrous oxide, commonly known as "laughing gas" or
"whippets,"has become a growing public health and safety concern in Huntington
Beach and throughout Orange County.Although nitrous oxide has legitimate medical
and commercial applications, it is increasingly being misused cis a recreational
inhalant,creating challenges that require regulatory action beyond current state law.
The Huntington Beach Police Department has reported a sharp increase in nitrous
oxide-related arrests, rising from 28 in 2023 to 89 in 2024, and 113 arrests already
recorded in 2025. This represents more than a 400%increase since 2023.This upward
trend underscores the urgent need for proactive Intervention.
While California Penal Code§381(b) prohibits possession or use of nitrous oxide for
Intoxication,It clues not effectively address sales through the"culinary use"loophole.
As a result, retailers continue to profit from recreational distribution while law
enforcement is left to prove Individual intent,limiting the effectiveness of enforcement.
Adopting this ordinance In Huntington Beach safeguards public health, provides law
enforcement with a clear and enforceable tool,and reduces community impacts.
A municipal ban on the sale,distribution,and recreational use of nitrous oxide closes
existing regulatory gaps, limits youth access, reduces public nuisances,and affirms
the City's commitment to proactive public safety.
Copies of this ordinance are available in the City Clerk's Office.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held on November 4,2025 by the following roll call vote:
AYES: Kennedy,Twining,McKeon, Burns,Van Der Mark,Gruel,
Williams
NOES: None
ABSENT: None
This ordinance is effective December 4,2025.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
LISA LANE BARNES,ELECTED CITY CLERK
Huntington Beach Wave
Published:11/13/25
Synopsis-Ord No. 4342 - Page 2 of 2
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88
Prohibit the Sale or Distribution of
Nitrous Oxide
• October 7, 2025 - Councilmember Item (Van Der Mark,
Twining and Kennedy) proposes prohibiting the sale or
distribution of Nitrous Oxide within Huntington Beach
• Nitrous Oxide
• Widely Available as "Culinary Use"
• Virtually no Point-of-Sale restrictions ,,, ......�„
• Short Term Effects � UNT IN�TO —.
• Nausea, blackouts, impaired motor control, disorientation ! o`L-:''>;t5ec447; Nyt5)`\
: = ••``y\\
• Long Term Effects s• �,
• Nerve damage, paralysis, cognitive impairment, death
• Huntington Beach Impact „ •,
• 400 /o increase in Nitrous Oxide related arrests since 2023 \'I � ,90 �.`�•' q� !�
"F�'QST`c C�l�j�`�!
89
Prohibit the Sale and Distribution of
Nitrous Oxide
• Sale or Distribution Prohibited
• Neighboring Jurisdictions—Santa Ana, Costa Mesa, Newport Beach, and the
County of Orange all have adopted ordinances
• Penal Code 381 (b) prohibits possession of Nitrous Oxide for intoxication
• Culinary loophole allows it to be sold as "Whipped Cream Charger"
• Packaged and marketed to children
• Flavored as bubblegum and orange creamsicle—Chefs do not use
• Ordinance No. 4342
• Prohibit the sale or distribution to any person Nitrous Oxide or a device to / i �1TIN
dispense Nitrous Oxide f •����� �,
++ ` .-��� RPORq a04
<0
• Exceptions: Wholesale sale for commercial use in food preparation, use in %�, • - . s•.��,
medical or dentistry settings, use in a vehicle to enhance performance of S •�
the vehicle, or being sold by a licensed pharmacist ,
(°ONTY i�Olf�
90
Recommended Action
Introduce Ordinance No. 4342 for first reading , "An
Ordinance of the City Council of the City of Huntington
Beach Amending the Huntington Beach Municipal Code
by Adding New Chapter 9 .94 Thereof Prohibiting the
Sale or Distribution of Nitrous Oxide," and pass to a
second reading on November 4, 2025.
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Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
November 4, 2025
The Mayor Of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I would like to express my support for Item VIII,Councilmen Twining and Vandermark's ordinance to ban nitrous
Sincerely Yours,
Mr.Amory Hanson
CC:The Honorable Casey McKeon
CC:The Honorable Andrew Gruel
CC:The Honorable Donald C.Kennedy
CC:The Honorable E.M.Twining
CC:The Honorable Grace Vandermark
CC:The Honorable Chad Williams
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 11-4-2025
Agenda Item No. 8 (25-854)
2000 Main Street,
o��pNiiNGTp�s Huntington Beach,CA
92648
City of Huntington Beach
APPROVED FOR INTRODUCTION
File#: 25-833 MEETING DATE: 10/21/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Kevin Johnson, Investigations Captain
Subject:
Approve for Introduction Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous
Oxide
Statement of Issue:
At the request of Council Woman Van Der Mark and Councilmen Twining and Kennedy, the
Huntington Beach City Council, at its October 7, 2025, meeting, directed staff to prepare an
ordinance prohibiting the sale and distribution of Nitrous Oxide within the City.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4342, "An Ordinance of the City Council of the City of
Huntington Beach, adding a New Chapter 9.94 Entitled "Prohibition on Sale or Distribution of Nitrous
Oxide" to Title 9 of the the Huntington Beach Municipal Code to Establish Regulations Prohibiting the
Unlawful Sale or Distribution of Nitrous Oxide in the City."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Nitrous oxide, commonly known as "laughing gas" or"whippets," has become a growing public health
and safety concern in Huntington Beach and throughout Orange County. Although nitrous oxide has
legitimate medical and commercial applications, it is increasingly being misused as a recreational
inhalant, creating challenges that require regulatory action beyond current state law.
Sold widely under the guise of"whipped cream chargers" or"culinary use," nitrous oxide is
inexpensive, packaged in colorful and youth-oriented designs, and readily available in smoke shops,
City of Huntington Beach Page 1 of 2 Printed on 10/15/2025
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94
File#: 25-833 MEETING DATE: 10/21/2025
convenience stores, and online. Unlike alcohol or cannabis, there are virtually no point-ofsale
restrictions, normalizing nitrous oxide as a cheap, easily accessible drug among young people.
The recreational use of nitrous oxide is not harmless. Short-term effects include disorientation,
nausea, blackouts, and impaired motor control-creating immediate risks to users and the public,
particularly when combined with driving or disruptive behavior. Chronic misuse poses even more
serious consequences, including vitamin B depletion, irreversible nerve damage, paralysis, cognitive
impairment, and even death.
The Huntington Beach Police Department has reported a sharp increase in nitrous oxide-related
arrests, rising from 28 in 2023 to 89 in 2024, and 113 arrests already recorded in 2025. This
represents more than a 400% increase since 2023. This upward trend underscores the urgent need
for proactive intervention.
While California Penal Code § 381(b) prohibits possession or use of nitrous oxide for intoxication, it
does not effectively address sales through the "culinary use" loophole. As a result, retailers continue
to profit from recreational distribution while law enforcement is left to prove individual intent, limiting
the effectiveness of enforcement.
Neighboring jurisdictions-including Santa Ana, Costa Mesa, Newport Beach, and the County of
Orange-have recently acted to close this loophole by adopting ordinances prohibiting the sale,
distribution, and recreational use of nitrous oxide. Adopting a similar ordinance in Huntington Beach
would safeguard public health, provide law enforcement with a clear and enforceable tool, and
reduce community impacts.
A municipal ban on the sale, distribution, and recreational use of nitrous oxide will close existing
regulatory gaps, limit youth access, reduce public nuisances, and affirm the City's commitment to
proactive public safety.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:.
Non Applicable -Administrative Item
Attachment(s):
1. Ordinance No. 4342
City of Huntington Beach Page 2 of 2 Printed on 10/15/2025
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95
•
ORPIN,ANCE,N0,.4342
AWOKDINANCE.OF THE CITY COUNCIL OF THE'Cirt
OFAIUNTTNgTORBEACI-I,:41:0ING.A NEW CHAPTER
-..9.,94.'$NT.m.0.1RQFOrrioN ON SALE OR
DISTRIBUTION OF NITROUS TO TITT47,',.9.07''.mq.
t104TINPTPN:BEACT-iMINWAL,..CoM.TQSSTABLISli
REGULATIONS PROHIBITING THE UNLAWFUL'SALE.OR
DISTRIBUTION OF NITRObs.OXIDE K. TI-It.'!:CiTY
.„ . . .
WHEREAS,the City
Of Huntington Beach is a'Charter City fnd.murijOipal CorpOratipii:41.4
:created and.existing'under a Charter which the City has the right and power to make
,Enictenforde-alindregulatiotinin res'peet.toniiiniCifjal affairs,
Nitrous'Oxide is an:oderiess colorleSS chemical that can be inhaled for legitimate ritirpoSeS.
;000*.d-vvi011net40.0r dental to..006-4ties in a clinical setting,and is legitimately Used for
inditstriatOitrpOsekand as a'prOpellatitferfood products; and
stibjeet.:toecreationallril.nuSennd,abus,e, ,part,.'beennie it1 easyito,
rmithase froinTetall'vendors'anctrelativ4 inexpensive, and
•
The reofeatip.nnt.misuse,and abuse of N.111t,C0§.010 de.can cause pertnanent vitamin
deficiencies in the Wed,Ailci-Oli.:c4use Jangttermtiettrblogical effects,including paralysis and
. .
-death;and
00 incidence of Nthous 0,ude reci eational iniSuse7nn4.-almse.haS beenO4 tt*.t*"1)00i.
, •the City• • „. ‘•
within
pitootibiia4y..0.yertwpaa decade,with multiple medical studiesno4r1g.
significant ineteases in iecieational misuse in the past five•yotsi as well as-a 1),r(iAadfi-ocii41.:-
understanding of 1900eniv hq*to,k4i.01 and neurological impacts of•Ni4rpus p?04"0::0*.e
4fird'ab,ps .,.0.4. • •
. „
The City does Aotopooly-regulate the go.16:4*ptig Oxiqc40,ijos and declares that in
the absence of local regulation,Nitro us Oxide retrial riS'ntibject to.sigiOeatit:risk of misuse and
abuse,through:saletQindividuals who intenitto Miause.or abuse thevrodoct; and
The qty';k•$•ire0..ipguiotelho sale of Nittous Oxide i',,,Ottipt to presertte,ntid.prOteet public
health and-te:"ClipSitade:selleas of Nitrous'04do'litodud4 froth'selling to individuals.which'they,
• •••
-•14.1pw oi have ieason to know intend to ii*.•-thq.prpdwts for illegal.pippOses'(1..e,,recreational
inteStion aridlinliihalatiO4 and
. , .On Februaiy25,2025,the
County of Orange Board.Of SupervisorsAddlistO Ordinance:'N
adding Division 19,to:Titie 3 of the Cod ified:Ordinances of the County of Orange to
piohibit the sale of oxide in the county,except when sold for culinary use,wholesale,foi
use in a:ychicle,.for the'purpese of providing nedietil Qt Omni cp.te,/0-1*4.0qtrp.a*Tli.0
;.;ordinance'was supported by the County rtistrietAttoiney,the Oiange County Sjibiffr§ •
0eottolpt,,Atici. cop.,.MesaTo.lic.0pdp1ii*prm,6.41 •
The city'ralinniington.Eench,'purStiaritete The,provisions'ofthe:Califoritia:Enyironmental
Quality.4t:(4‘00."),(00.iThi*i4Ppbli01.090.0es:046.Section 2 IN()et se4)•and State
.:25,4723 /39;623;
96
•
QR12.INANCENQ..4342
(.$QA-goidelines,(8e.etiona 15000 et:;:sett.)..basdeterenined.that:theoediriatide.:ia.not:a`projeCtr
. •
and'11.irtlier,,that it is exempt NM theprovisionSof OT..0A,PurStiantt0;0!WA Guidelines Section
15661::.(b)(3).(beeatisd it can be seen certainty:that the adoption of thiS::Ordinanee will not -
have an effect on the:e0irdninent)such that no environmental review.tinder CEQA is required,
'arid
The City COtineil,of the City of Huntington Beach does,hereby ordain as follows:
SECTIONI The abOyerecitals are,true and:etirreet,
SECTION 2; •A.:iieW:'Chapter 9.94 entitled!Prohibition on Sate-or:Distribittion of Nitrous
Oxide"is added to Title 9:of the Huntington 13-Oen MtinioinateodeJOread as foll6Ws: •
Chapter.9.94..'Prohibition on'8ale or:plat:409n:of NitrOus Oxide
9494;01.0..Definitions. .F.or putiooses.Of this article,the following definitions apply
. .
"pevice" means any cartridge,eompreSSedgas'eylinder„apparattis,:container;balloon;
attachment,•ricii4-e;;:pi-other,ohj ect.used to:contain,dispense-.or"adininistetnitrOus Oxide,
B "Nitrous tOcic".*08;tho colorlessnOtiflaininable gas sometimes identified Op.M.Qi
:'whichi$.0ructimes used.in aerosols and sometimes used as an anesthetic, which,when
inhaled,produces loss ofsensibilityto pain,often preceded by c.xlillaratiOn..andlangliter and
often used as an anesthetic in dentiStry,:,-Nitrolts.oxide is often informally of colloquially ecierred.
to as"laughing gas 0 "N.0 ("."galaxy-gas amongst,Others„
Q.APerson".intans.any individual or legal entity however constituted or orgar#ed,-.
I),"Wholesale capacity"means sale of Or.distribuiiou.-oluitroit4:cXide or a.device to
•dispense iiitrou.s,6400i0:00pon.th4t willuse .-1540..oi the device in Service'orpeoductS
for reaale;.:gainpl6g,InOlude.;:.1M:arenot limited to, conitnereial sale,of dentiStiy.suppliesto
,dentists:Or:deritistry,Oirices,;:cOnnneiCial sale of devices,'fOr.the use in food prOchietiOnPtin
•
cOinniercial Icitchon,,and/Or.cOinitiercial sale of nitrOtis'okide.for thepurpOSe of prOdneing.food:•
. „., ,
products fift-ConftiOrcial Sale,.(e4g.,Whippedereant.eniiiSters)4
994,020.ProhiKtion-On'Sale orDistyltitifip.ti 01'44:tops Q4ciei
. . ,
Exceptas Other*ise,antheried by.l*,orallOweanti40 this Ch4ptel.;it unlawful for any.
per:s6ri to sell,atteingt to sefl,offer,diStribtite,ot other**provide.'to anylnerSbn:ititedtiS.okide;a
:dcvice.to,dispenSeOr administer nitrous-Oitle;:or any device that.containa any quantity of nitrous
9:94:030,'Exceptions to Piohibition
.thi '..Chuptei.does not apply't.o.,the•Sale;:attempt`ti.'Sell;).d stri but ion, of.Otber-manner of
;providingnitrotis oxide,or.4.deVice.containthin:Aeons oxide,in the following:exempt' •
OirOinns:tanoo.s:
2
97
•OR DINAN—CE10„.q042'
A
.If the-nitrouso*ide is contained In a food prOduet for use as'a propellant,
13, If the nitrous 2?cide..oridOriceis,beingsold,attenipted to be sold,offered.,,or distributed
:in a wholesale capacity,fbi uses similai to Pose described in.Subsection(1),),of section 9":94:01.0„
. This exemption only'applies ilthe4holeSOler does not know or have.teaSentO know that the
:recipient intends,tiinge themitious o)ddeor devie.o.ip Violation of seatiOn9,94.Q20.
C If the nitrouS.,Oxide'or deVice-thati*being:::Soldi atteinpted.tO'be-sold,:olrered,oi
'distributed:is specifically designed.fot.use in,a vehicle to enhance the lierforinntiee of the vehicle,
sold:by a licensed retailer, and is floorlesS..
1)..If the nitrous,oxide is being.$(0,',attempted to sold, offered,or-distribtited specifically
•for#ie,pprposo of providing'ittedioal or.dental-eatv,..by or at thodirectionond:uridet the;
aupeiiii,iSion of,A Medical-6r dental practitioner.licenSed by the,State oflealiforni a and in
aaepidatiee itha1I applicable niles aodregtilations,.
. „
E.If nitrous oxide or device is.being sold,attempted to bosOld, Offered, distributed,or.
.dispensed by a i?barinaeiSt,•j)hatonieist.intern,;-.Or*taming as defined by Californinpuaiosolit•
•PrnfeoojOn .Code 4030,4036;and 4037,as may be amended, ip-thp,r,coursebrtheir.dotiok as
.pharT0407.13.1)0p:A4oigtiptrfi, oi Wh.000104.,.1i.4e0*1-bY,the BOW of Phnilnacy,
F,'Qr any.Other.'Cireptustaneese?compted undei"law....
•
Any sales or diStribiitionS-of Nitrous,Oxide contemplated tbiO septioshall comply
•
with all documentation requireitentO set fOrth in'california Peoal'cpde-§3.81e.,
, • e. e . • •
•.9.:94'.040, Violatioos-aod.eeoaltieS.
- •
a..' Afiyi-pasp,n-who violates thio..anpterio:gtillty of a.:Misdeineanor and upon
ecovieti on thereOf'jriaY•beininished by:af.fine Of not more than on thousand dollars($1,000)Or
by imprisonment in County jail foi a period of not More than six(6)months or by both such
'fine and iinpri:OnyOn(Eneb day any violation of any said prdVisiOn of this shall
•.continue•shall-constitute a. 0p.A#4e,offense,
Alteinatively,violations may beaddressed through-the use Of adtninistratiye
Citations as sotfortlyin qiapte 1.18 of this-.code;.
• c Use of criipinal enfolveirien(niiii/or administrative:citations shall nOt.in'evetit 01
-
preelinieltbe City froin-$0elcing injunctive relief and civil penalties in court for Violation of No-
aitiele :ThiS:seetioo shall Oot:•.serye to limit any othei legal remedies oi aetionSthollhOtityiriay.
have to addieSS violations of this.chapter. -Ar violation.of this'0apter.:isgrOunds:fOr: 4‘0,vocatinn
aNsinesO license:if applicable,pittsuant toSection5.04.300 the Huntington teach',
.
Mlinieipnleede:
SECTION 3 CEQA This OrdinanceWaa.aSseSSed.in accordance With.thCautitority'And
--'0190P contained in-fhq.qoifokni4 Envuoninental Quality Act("CEQA1,‘.tboSt.0 ..C.Fiqk
0.0ifdelineo;:and,tbeen*priniental regulations of thCCity, Tlw•City.COUneillerebr,findS.Anci-
.deOrmineo:thatthe OrdinanCejs netstibteetto,0.80A-tinder lbe general.itileintE0A
•
1
98
ORDINANCE 1•49.:4342
Guidelines SeetiOil 15661(b)0)that,CEOA applies only.to.projects which potential for
,
,causing a significant effeeton the;eOltortinent;.-Oity Staff Shall ebuSe,ANotiee Of Exemption to
be filed as authorized by CEQA and the State cE04 Guidelines.
SECTION4. 'Inconsistencies; Any;0:A41On:of thefluntitigt:Ori.Bead Mtinicipal Code or.
appendices thereto;inconsistent with theprOyiSiOas of this Ordinance,lo,the extent of such
ittepriSiStencies and no'ftirther,arerePealed at modified to the extent necessary to affect the
prOviSions of this Ordinance.
SECTION:5. Effective Date. This Ordinance shall become effective 30 daYS:after;its
passage.
SECTION.6: SeVerability. If any seetion,:subseetion,:subdiViSionsseritenCe,clause,phi
01 0Ortion,Of this:Ordinance or the,aPplicatiOn:thereef to any person or place,iifPr'any reason
held to beinyalid esinriepriStitutional by:thedecision Of any cOUrt;OlcoinpotentJUrisdietion,.such
decision Shall not affect the validity of the reinainder of this ordinance and shall riot affect other
provisions.Of this'Ordinarice which can given effect without invalid prOVision 01
.
application, and thisto priktlieproVisions-of this Ordinance are severable;:-The,City Connell
hereby declines it would have adoPted this Ordinatiec; each arid every section subsection,. .
subdivision, sentence, clause,phrase,or pot tion thereof,irrespective of the fact that any one Or
more sections,SubseetiOns,subdivisions,sentences,clauses;phrases,or portienSthereOf be,
declared invalid or.utteenStituttotial.
SECTION/. Publication. The city Clerk,shalLeertify to the:adoption of this Otclioatiod
and shall pot,or publish.tS Ordinance manner required by la*,
PASSED AND:ADOPTEp at a regular,nieetirigOf the COttneil of the City of
Huntington)3eaeli:ata regular meeting'thereof held on the ,day-Of. 2025,
Mayor
ATTEST: APPROVED;AS TO FORM
City Clerk :City Attorriq'
INITIATED AN))APPIWVED:
city Manager'
4
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_ _._..._,___ .... ---_ _______ ......\' „�: ; Ordinance No .
4342
,-- ,„,, - .
Prohibiting the Sale or Distribution of
;01makmailici.--7- , 1i Nitrous Oxide
e - t •
'•• •� October 21 , 2025
•„• • \,> /
C
AO
0
NTy
Prohibit the Sale or Distribution of
Nitrous Oxide
• October 7, 2025 - Councilmember Item (Van Der Mark,
Twining and Kennedy) proposes prohibiting the sale or
distribution of Nitrous Oxide within Huntington Beach
• Nitrous Oxide
• Widely Available as "Culinary Use"
• Virtually no Point-of-Sale restrictions
• Short Term Effects /i/ANT I NGT
• Nausea, blackouts, impaired motor control, disorientation 110```�•\;OsroRAT;'.. 9\
• Long Term Effects �1 ' • �9�\�
• Nerve damage, paralysis, cognitive impairment, death " - _
• Huntington Beach Impact -
• 400% increase in Nitrous Oxide related arrests since 2023 ••., fB ao,.••'C.%11
=ouNTY �i 00
Prohibit the Sale and Distribution of
Nitrous Oxide
• Sale or Distribution Prohibited
• Neighboring Jurisdictions—Santa Ana, Costa Mesa, Newport Beach, and the
County of Orange all have adopted ordinances
• Penal Code 381(b) prohibits possession of Nitrous Oxide for intoxication
• Culinary loophole allows it to be sold as "Whipped Cream Charger"
• Packaged and marketed to children
• Flavored as bubblegum and orange creamsicle—Chefs do not use
• Ordinance No. 4342
• Prohibit the sale or distribution to any person Nitrous Oxide or a device to #i � TINGT�,/7
dispense Nitrous Oxide ��o� • toRPORAreo. 4�\
• Exceptions: Wholesale sale for commercial use in food preparation, use in ''••;9�
medical or dentistry settings, use in a vehicle to enhance performance of ; _ - _
the vehicle, or being sold by a licensed pharmacist .- _-
C°LINTY C'0#
Recommended Action
Introduce Ordinance No. 4342 for first reading , "An
Ordinance of the City Council of the City of Huntington
Beach Amending the Huntington Beach Municipal Code
by Adding New Chapter 9. 94 Thereof Prohibiting the
Sale or Distribution of Nitrous Oxide," and pass to a
second reading on November 4, 2025.
P
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