The Sonoma County Board of Supervisors has moved to place greater restrictions on the sale of nitrous oxide, a substance that has been linked to four deaths in the county since 2018.
“Sonoma County is taking a targeted approach that focuses on preventing harm while preserving access for the many legitimate uses of nitrous oxide,” Board Chair Rebecca Hermosillo said in a statement after the vote at this week’s board meeting.
Nitrous oxide, also known as “whip-its” and “laughing gas,” is an inhalant that can be used recreationally to produce a short-lived high. It can be found in whipped cream canisters and is also used medically as an anesthetic.
The abuse of nitrous oxide has also been linked to “serious adverse health events,” such as neurological damage, according to the federal Centers for Disease Control and Prevention.
County data shows that between October and December last year, local emergency rooms treated five patients each month for nitrous oxide-related problems.
Although state and federal law makes it illegal to ingest, possess or sell nitrous oxide for recreational use, it is still being sold at stores such as smoke shops.
“When products are being sold in ways that encourage misuse and put people’s health at risk, we have a responsibility to respond,” Hermosillo said.
Ordinance targets retail nitrous oxide sales
The proposed ordinance would restrict the retail sale or distribution of nitrous oxide and devices that dispense it. Exemptions would preserve legitimate uses for certain culinary products, wholesale transactions for lawful uses, automotive systems, medical and dental uses, authorized pharmacy distribution and qualifying research activities.
While the ordinance would apply only to the unincorporated parts of Sonoma County, the county is working with its cities and towns to develop a coordinated response. In 2018, the city of Cloverdale adopted a local restriction on the sale of nitrous oxide.
The legislation will serve as a model ordinance for local governments interested in adopting similar regulations.
The county said it is also working to educate retailers and create models for enforcing the ordinance. If adopted, the county’s Department of Health Services will incorporate nitrous oxide compliance monitoring into existing inspection activities and establish a way to report suspected unlawful sales.
“The goal is to reinforce existing state law and keep a product clearly marketed toward youth and children off the shelves,” department Director Nolan Sullivan said in a statement. “Successful implementation will depend on clear communication with retailers, consistent expectations across jurisdictions, community education and a coordinated prevention, enforcement and treatment response.”
The ordinance is scheduled to return to the Board of Supervisors for a second reading on Sept. 15. If adopted, it would take effect 30 days later.
