State Sen. Catherine Blakespear's bill to ban public sales of large nitrous oxide canisters passed the California Legislature on Thursday, Aug. 27, with unanimous votes in both chambers.
SB 936 would prohibit selling nitrous oxide canisters larger than 8 grams to the public, with exceptions for medical, dental, culinary and automotive uses. The bill now awaits Gov. Gavin Newsom's signature.
The Assembly approved the measure 78-0 on Tuesday, Aug. 25, and the Senate concurred 39-0 on Thursday, according to Blakespear's office.
"Nitrous oxide is addictive, it's dangerous and it's readily available," Blakespear said in a statement. "SB 936 puts a stop to its wide distribution for non-legitimate purposes."
Blakespear, a Democrat from Encinitas, represents Senate District 38, which includes Del Mar, Solana Beach and Encinitas.
The bill targets canisters sold as food-processing propellants for whipped cream. Some are marketed with flavors like bubble gum and tropical punch, making them popular among young people who inhale the gas as a recreational drug. The U.S. Food and Drug Administration (FDA) warns that nitrous oxide abuse can cause blood clots, paralysis, loss of consciousness and death.
San Diego County District Attorney Summer Stephan co-sponsored the legislation. At a June 26 press conference calling for the bill's passage, Stephan said nitrous oxide abuse "has become a significant public safety concern because it is increasingly a factor in deadly and catastrophic crashes on our roads."
The DA's office has reported an uptick in nitrous oxide-related DUI cases countywide, including three fatality cases and 18 crashes, according to 10News.
San Diego County's first nitrous oxide DUI jury conviction was announced Aug. 6. A 34-year-old man was found guilty after officers discovered him on March 10 behind the wheel of a car partially on a sidewalk with 10 nitrous oxide canisters inside the vehicle, the San Diego City Attorney's Office said. He was convicted of two misdemeanor counts and sentenced to five years of probation.
SB 936 is also co-sponsored by Orange County, the National Stewardship Action Council and the Rural Counties Representatives of California (RCRC). The bill has support from 100 organizations, Blakespear's office said.
California joins Nebraska and Louisiana in restricting retail sales of the canisters. The counties of Humboldt, Orange, San Mateo and Santa Cruz had already enacted local bans.







