On September 30, Governor Newsom signed Senate Bill 758 (Umberg), the second of two measures restricting the sale of nitrous oxide (NOX), which is increasingly used as an illicit recreational inhalant.
Governor Newsom previously signed SB 936 (Blakespear), which prohibits the sale of all flavored NOX and the sale of large containers of unflavored NOX, while preserving access to small cylinders commonly used to make whipped cream. With the signing of SB 758 (Umberg), smoke shops and convenience stores will be prohibited from selling any NOX. Neither bill limits local authority to adopt more restrictive local ordinances.
RCRC joined the League of California Cities, Orange County, San Diego District Attorney Summer Stephen, the National Stewardship Action Council, and California Narcotics Officers Association to co-sponsor these measures that take a coordinated approach to combatting the growing public health and waste management problems created by the illicit use of NOX.
When used as a recreational inhalant, nitrous oxide has been linked to serious health problems. According to the Network for Public Health Law, “the euphoria experienced by users of nitrous oxide is brief, but one-time, chronic, or excessive use contributes to negative health outcomes” like dizziness, vomiting, memory loss, low blood pressure, impaired functioning and judgement, irregular heartbeats, and neurological damage.
Local governments have no control over what products are introduced into the marketplace and for which they will ultimately be responsible for management and disposal. Large NOX cylinders frequently cost local governments $60 or more EACH to properly dispose. This is sometimes double the price paid by consumers for the product itself. SB 758 and SB 936 help turn off the spigot for these widely misused and costly-to-manage NOX containers.
For more information, contact RCRC Senior Policy Advocate, John Kennedy.