SB 936

SB936:v95#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 936

An act to add Chapter 10 (commencing with Section 119408) to Part 15 of Division 104 of the Health and Safety Code, relating to nitrous oxide.

LEGISLATIVE COUNSEL'S DIGEST

SB 936, as amended, Blakespear. Nitrous oxide: sales.

Existing law makes it a misdemeanor to possess nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. Existing law also makes it a misdemeanor to sell nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person.

Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer, as defined, to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products.

This bill would, except as specifically exempted, prohibit the sale and distribution of a nitrous oxide container that is capable of holding more than 8 grams of nitrous oxide or from which an individual may directly inhale nitrous oxide. The bill would also prohibit the sale and distribution of a nitrous oxide that has, or is marketed as having, the taste or smell of any food. The bill would prohibit knowingly selling or distributing a device that allows an individual to inhale nitrous oxide from the container or hold nitrous oxide for the purposes of inhalation. The bill would punish a violation of these provisions as an infraction, as specified. The bill would also authorize a court to suspend the business license, including a license to sell tobacco products, if the business has a prior conviction for violating these prohibitions.

Because this bill would create new crimes, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Chapter 10 (commencing with Section 119408) is added to Part 15 of Division 104 of the Health and Safety Code, to read:

CHAPTER 10. Nitrous Oxide

119408.

(a) Except as provided in this section, it is unlawful for any person to sell, furnish, offer, distribute, or give away offer to sell, or distribute a nitrous oxide container that is capable of holding more than eight grams of nitrous oxide.

(b) Except as provided in this section, it is unlawful for any person to sell, furnish, offer, distribute, or give away offer to sell, or distribute a nitrous oxide container from which an individual may directly inhale nitrous oxide.

(c) It is unlawful to sell sell, offer to sell, or distribute nitrous oxide that has, or is marketed as having, the taste or smell of any food, including, but not limited to, any fruit, candy, dessert, alcoholic beverage, herb, or spice, that is distinguishable by an ordinary consumer either prior to or during consumption or use of the product.

(d) It is unlawful to sell, offer, distribute, or otherwise provide offer to sell, or distribute a device that a person knows, or reasonably should know, allows an individual to inhale nitrous oxide from the nitrous oxide container or to hold nitrous oxide released from the nitrous oxide container for purposes of inhalation.

(e) A violation of this section is punishable as an infraction punishable by a fine of not more than five hundred dollars ($500) for the first offense, one thousand dollars ($1,000) for a second offense, or two thousand dollars ($2,000) for a third and subsequent offense.

(f) (1) In addition to the penalties described in subdivision (e), a court may issue either or both of the following orders:

(A) The suspension of a business license issued by the state, a city, a county, or a city and county, for a period of up to one year, of a business that knowingly violates this section following a prior conviction for a violation of this section.

(B) The suspension of a license issued pursuant to the Cigarette and Tobacco Products Licensing Act of 2003 (Division 8.6 (commencing with Section 22970) of the Business and Professions Code) or a seller’s permit issued by the California Department of Tax and Fee Administration pursuant to Section 6067 of the Revenue and Taxation Code, for a period of up to one year, of a business that knowingly violates this section following a prior conviction for a violation of this section.

(2) The court shall provide a copy of any suspension order to the appropriate regulating agency.

(g) This section does not apply to nitrous oxide or a nitrous oxide container that meets any of the following:

(1) Has been denatured or otherwise rendered unfit for human consumption or use.

(2) Is intended and marketed for use by a manufacturer as part of a manufacturing process or industrial operation.

(3) Is specifically designed and marketed for use in a vehicle to enhance the performance of the vehicle.

(4) Is sold to a licensed medical, veterinary, or dental practitioner to be administered or prescribed as part of the care or treatment of a disease, condition, or injury.

(5) Contains less than nine grams of nitrous oxide as a propellant in food or to be used in food preparation for restaurant, food service, or houseware products.

(6) Is sold by a wholesaler for any purpose listed in this subdivision.

(h) For the purposes of this section, the following terms have the following meanings:

(1) “Distributor” means a person who sells a product to a retailer in violation of this section, or accepts an order for a product from a retailer in violation of this section.

(2) “Nitrous oxide container” means a device, canister, tank, or receptacle either exclusively containing nitrous oxide or exclusively containing a chemical compound mixed with nitrous oxide.

(3) “Nitrous oxide” has the same meaning as in Section 381c of the Penal Code.

(i) For purposes of this section, a reference to a sale, offer to sell, distribution, advertisement, or provision of a product or service includes conduct that occurs in person, through the internet, or through any other electronic or digital means.

(j) This section does not limit the authority of a city, county, or city and county to adopt or enforce a local ordinance that further restricts the sale, furnishing, offering, or distribution of nitrous oxide.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.