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:
title
Approve for Introduction Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous Oxide
body
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:
recommendation
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.”
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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, 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