The Los Angeles City Council has voted 14-0 to request that the city attorney draft an ordinance banning the sale of nitrous oxide products at tobacco and cannabis retail locations. The proposed measure would prohibit these retailers from selling, distributing, or offering for sale the gas, regardless of whether the products are flavored or non-flavored.
Councilmember Ysabel Jurado was absent during the vote. The initiative follows a motion introduced on Oct. 8, 2024, by Councilmembers Imelda Padilla and Eunisses Hernandez, which was seconded by Councilmember Tim McOsker.
Targeted Restrictions and Exemptions
To protect legitimate commerce, the ordinance would include specific exemptions. These include medical, industrial, automotive, and food service uses.
Pre-packaged retail food products that use nitrous oxide solely as a propellant, such as whipped cream products, would also be exempt from the ban.
In a letter sent to the council’s Public Safety Committee on Feb. 26, 2026, Councilmember Padilla stated that the restriction is intended to “proactively curb access in outlets unrelated to legitimate business purposes” due to the rise of recreationally marketed products in smoke shops.
Public Health and Safety Risks
Officials and advocates warned that the misuse of nitrous oxide—also known as “laughing gas” or “NOz”—as an inhalant poses severe health risks. When inhaled, the gas can lead to heart failure, paralysis, strokes, and death via asphyxiation.
Ray Marquez, vice president of Homeboy Industry’s Youth Council, testified that the drug can destroy brain cells and reduce vitamin B12 levels. This can lead to hypoxia, a condition resulting in numbness in parts of the body and, in some instances, death.
“A big reason I want to spread awareness for this problem is because growing up in Watts, I see drugs everywhere. I seen peers, and family members do it, and nitrous oxide was one of them,” Marquez said, adding that a close friend recently passed away due to the drug’s use.
Challenges in Enforcement
Current California law allows adults 18 and older to purchase nitrous oxide, provided it is not inhaled after purchase. However, the motion notes that this restriction has made enforcement tough, allowing liquor stores and smoke shops to continue sales.
The council also expressed concern over the marketing of the product. The introduction of colorful packaging and flavored versions of the gas are believed to play a key role in attracting young people to the drug.
Beyond the health crisis, Councilmember Padilla cited the environmental and safety impact of canisters being discarded on public streets.
Next Steps
The city attorney is now expected to draft the formal ordinance based on the council’s request. If passed, the measure could significantly limit the availability of “whippet” canisters and industrial tanks at convenience-style retailers across the city.
Frequently Asked Questions
Which retailers would be affected by the ban?
The ordinance would specifically prohibit tobacco and cannabis retailers from selling, distributing, or exposing nitrous oxide products for sale.
What are the documented health risks of inhaling nitrous oxide?
Inhalation can lead to oxygen deprivation, neurological and cardiovascular harm, strokes, paralysis, heart failure, and death from asphyxiation. It can also lower vitamin B12 levels and cause hypoxia.
Will whipped cream products be banned?
No. The ordinance would exempt pre-packaged retail food products where nitrous oxide is used solely as a propellant.
Do you believe local retail bans are an effective way to curb the misuse of industrial products?
